Posts Tagged ‘Texas Supreme Court’

Texas Supreme Court Under Fire

Yesterday, I wrote about the decline in Texas civil jury trials.  One of the key reasons that our founding fathers considered the jury trial so important was that it was a check on runaway judges.  Even Thomas Jefferson explained the importance of having juries as a check over judges when he wrote: [judges] are liable…

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Texas Civil Jury Trials Plummet

The right to trial by jury in civil cases is so important that our forefathers insisted in including it in the Bill of Rights.  Indeed, one of the main grievances leading up the American Revolution was the unfair treatment of the colonies with respect to jury trials.  In England, judges were viewed as subjects to…

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Auto Accidents: What Is A "Stowers Demand"?

If you’re one of our clients, we might send you a draft demand letter to the insurance company that tells the insurance company that the letter is intended to be a “Stowers demand.”  What does that phrase mean? Every insurance policy has a “policy limit” — the maximum amount of coverage the policy offers.  (You…

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A Tea Party Leader On Tort Reform

Andrew Cochran keeps a blog dedicated to the 7th Amendment — the amendment guaranteeing US citizens the right to a jury trial in civil cases.  Earlier this month, he had a post quoting Judson Phillips, a leader of the Tea Party movement.  It seems that Mr. Phillips understands the role of the civil justice system…

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Former Texas Supreme Court Justice Sued — When Can A Person Be Sued For Providing Alcohol To Others? (An Important Question For Footall Game-Watching Parties)

  In yesterday’s Austin American Statesman, Chuck Lindell wrote an article describing a lawsuit filed against former Texas Supreme Court Justice Tom Phillips.  The lawsuit alleges that Phillips and his wife allowed a party to go on at their home where minors were served alcohol and that one of the minors was killed in a…

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San Antonio Jury Hits Akin Gump With $72.6 Million Verdict

Last Thursday, a San Antonio jury returned a $72.6 million dollar verdict against Akin, Gump in a case where the plaintiff alleged that the patent lawyers failed to properly obtain patents on a device that the plaintiff invented. The verdict is another in the trend of larger verdicts against large law firms.  The American Bar Association publishes a…

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Another Texas Supreme Court Victory for Big Business

Last Friday, the Texas Supreme Court issued another opinion where it opted for big business over consumers. The question in Perry Homes v. Cull was whether the Culls’ claim was properly submitted to arbitration. In the case, the Culls filed suit against Perry Homes for defects in their house. Fourteen months later, after completing discovery…

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Texas Supreme Court: Justice Delayed

Texas Watch, a bi-partisan advocacy group working to improve consumer and insurance laws for Texas families, has issued a new report about the increasing backlog of cases at the Texas Supreme Court.  The report, entitled Snail’s Pace: An Analysis of the Texas Supreme Court’s Growing Backlog, made the following findings: The Court took an average…

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Justice Medina's Saga Continues, plus more Supreme Court drama

As we have previously reported and updated, Texas Supreme Court Justice David Medina and his wife were indicted in connection with an alleged arson event at their home.  At the District Attorney’s request, the indictments were dismissed.  But the story appears to be far from over.  Today, the grand jurors are stating that they will re-urge the investigation…

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Lawmakers Criticize Texas Supreme Court

In what may be unprecedented, a bi-partisan group of Texas lawmakers filed an amicus brief with the Texas Supreme Court asking them to overturn their decision in Entergy v Summers. In that August 31, 2007 opinion, the court was faced with the question of whether a premises owner was a “general contractor” under the worker’s…

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