Hot Topics for Trial Lawyers
A compilation of journalistic articles to keep you abreast of changing developments and current events in the litigation realm.
If you are interested in writing for the Hot Topics segment, email tnuckols@texasbar.com
2009 Legislative Session
Posted 3/13/09 Brandy Wingate,
Proposed Bill - SB 1650. Proposes to allow interlocutory appeal, instead of mandamus, of orders denying motions to compel arbitration under the FAA
Posted 3/13/09 Brandy Wingate,
Proposed Bill - HB 2701. Proposes to require Legislature to approve all rules of civil or appellate procedure adopted by Supreme Court
Posted 3/13/09 Brandy Wingate,
Proposed Bill - SB 1935. Proposes to eliminate Statute of Limitations for suit against lienholder on residential real property ...
Posted 3/13/09 Brandy Wingate,
Proposed Bill - HB 3915. Proposes to require disgorgement of attorneys fees and double damages for contingent fee contracts procured by barratry ...
Posted 3/13/09 Brandy Wingate,
Proposed Bill - HB 3726. Proposes to remove Dram Shop Liability from Chapter 33's coverage
Posted 3/13/09 Brandy Wingate,
Proposed Bill - HB 3727. Proposes to eliminate Sovereign Immunity
Posted 3/13/09 Brandy Wingate,
Proposed Bill - SB 1993. Proposes to eliminate Court of Criminal Appeals
Posted 3/10/09 Brandy M. Wingate,
Proposed Legislation - HB 2473. Proposed Legislation Moves Walker County from Waco Court of Appeals District to Houston First and Fourteenth Court of Appeals
Posted 3/5/09 Brandy M. Wingate,
Texas Senate Bill 392. Proposes to Remove Judicial Races from Straight Ticket Vote
Posted 3/3/09 Dan Worthington and Brandy M. Wingate,
2009 Legislative Preview. The Texas Legislature is hard at work proposing bills that affect our law practices.
Appellate Procedure and Standard of Review
Posted 5/22/08 John T. Wilson IV and David E. Keltner, Kelly Hart & Hallman
Patent Infringement. The "Federalizing" of State Legal Malpractice Claims
Posted 2/18/08 John T. Wilson IV and David E. Keltner, Kelly Hart & Hallman
The PJC Takes Another Hit. "Defect" and "Producing Cause" Just Aren't What They Used to Be
Supreme Court Advisory Committee
Posted 1/7/08 Alistair Dawson, Beck, Redden & Secrest, L.L.P.
Complex Courts. Will the Supreme Court push through a 'complex court' system with rule-making?
Arbitration
Posted 10/16/08 Mark Trachtenberg and Christina Crozier, Haynes and Boone, LLP
Trial Court Arbitrability Decisions. Pathways to review.
Posted 10/6/08 Mark Trachtenberg and Christina Crozier, Haynes and Boone, LLP
Pathways to Review of Trial Court Arbitrability Decisions. The route to, and availability of, appellate review of trial court decisions.
Posted 6/2/08 Brandy Wingate, Senior Staff Attorney, Thirteenth Court of Appeals
Supreme Court Rejects Contractual Expansion of Appellate Review of Arbitration Awards under FAA. Hall Street Assocs., LLC v. Mattel
Posted 4/17/08 Mark Trachtenberg and Christina Crozier, Haynes and Boone, LLP
Compelling Arbitration in the Trial Court. The process can be provided into three steps.
Posted 1/14/08 Mark Trachtenberg and Christina F. Crozier, Haynes and Boone L.L.P.
Things to Consider Before Filing a Petition to Vacate an Arbitration Award. Often, a party that loses big in arbitration is willing to roll the dice.
Civil Practice & Remedies Code
Posted 7/16/08 Sean Michael Reagan, Leyh & Payne, L.L.P.
Overlooked Gems (or Traps) For Trial Lawyers. The CPRC can act as a shield or a sword....
Court Administration Task Force
Posted 8/3/08 Pat Long-Weaver, Stubbeman, McRae, Sealy, Laughlin & Browder, Inc.
Arbitration Reform. Court Administration Task Force Observations and Recommendations
Posted 6/11/08 Richard C. Hile, Dies & Hile, LLP
Potential Conversion of County Courts to District Courts. R. Hile Memo to the Court Administration Task Force
Discovery
Posted 5/11/08 W. Royal Ferguson, Jr., U.S. District Court, Western District of Texas
Bell Atlantic Corp. v. Tombly. A wake-up call for trial lawyers and trial judges everywhere.
E Discovery
Posted 10/2/08 David A. Chaumette and Andrew Biberstein, Baker & McKenzie LLP
New Methods for Protecting Privilege (Part II). Rule 502 added to the Federal Rules on September 19.
Posted 5/12/08 David Chaumette, Shook, Hardy & Bacon L.L.P.
Data Collection Pitfalls. How can you avoid spoliation issues when data may be relevant to a lawsuit?
Posted 3/17/08 Alistair Dawson, Beck Redden & Secrest, L.L.P.
Attorneys Beware - E Discovery Sanctions. Qualcomm - a road map of what NOT to do if you want to avoid discovery sanctions.
Posted 3/9/08 David Chaumette, Shook, Hardy & Bacon L.L.P.
New Methods for Protecting Privilege. Maintaining privilege, especially with large production volumes, can be a significant challenge.
Business Torts
Posted 4/24/08 Barry Barnett, Susman Godfrey
Bidness torts ain’t what they used to be - part II. Let's take another stroll down memory lane.
Posted 1/7/08 Barry Barnett, Susman Godfrey L.L.P.
Business torts ain’t what they used to be. Alot in the business tort landscape has changed since I started practicing over 22 years ago.
Insurance
Posted 2/19/09 Lee Shidlofsky, Visser Shidlofsky LLP
Trammell Crow Residential Co. v. Virginia Surety Co., Inc.. The Northern District of Texas applied Lamar Homes to determine recovery under the Prompt Payment of Claims Act ...
Posted 2/19/09 Lee Shidlofsky, Visser Shidlofsky LLP
Injury-In-Fact in Action: Don’s Building Supply Applied. A recent opinion of the Dallas Court of Appeals applies the injury-in-fact trigger to determine the duty to defend.
Posted 2/19/09 Lee Shidlofsky, Visser Shidlofsky LLP
Mid-Continent Casualty Company v. JHP Development, Inc.. A recent opinion of the Fifth Circuit addressed exclusions J(5) and J(6) of the standard CGL Policy.
Posted 2/19/09 Lee Shidlofsky, Visser Shidlofsky LLP
Pine Oak Builders v. Great American Lloyds. The Supreme Court of Texas refuses to apply an exception to the "eight corners" rule.
Posted 11/4/08 Lee Shidlofsky, Visser Shidlofsky LLP
Don’s Building Supply, Inc. v. OneBeacon Insurance Co.. The Supreme Court Pulls the Trigger on Manifestation.
Posted 11/4/08 Lee Shidlofsky, Visser Shidlofsky LLP
The Estoppel Doctrine. The Wilkinson exception becomes the Ulico exception.
Posted 9/9/08 Clyde J. "Jay" Jackson, III, Abraham, Watkins, Nichols, Sorrels & Friend
The Insurability of Punitive Damages. Does public policy prevent insurance coverage for punitive damages?
Insurance Defense
Posted 3/11/09 William Allred, Cooper & Scully, P.C.
Texas Supreme Court Update on Insurance Cases. A roadmap to coverage and a duty to defend in construction defect cases.
Posted 2/3/09 William Allred, Cooper & Scully, P.C.
Texas Supreme Court Update on Insurance Cases. Should coverage for underinsured motorist policies extend to individuals not occupying a vehicle at the time of the accident?
Posted 12/5/08 William Allred, Cooper & Scully, P.C.
Texas Supreme Court Update on Insurance Cases. Should choice of law be included in indemnity provisions?
Posted 10/16/08 William Allred, Cooper & Scully, P.C.
Don’s Building Supply v. OneBeacon Insurance Co.. When is an insurer's duty triggered on an occurrence-based commercial policy?
Posted 9/16/08 William Allred, Cooper & Scully, P.C.
Texas Supreme Court Update on Insurance Cases. Do cell phones cause bodily injury thus requiring an insurer to defend such allegations?
Legal Malpractice
Posted 10/7/08 Randy Johnston, Johnston ♦ Toby, P.C.
Conflict of Interest - Part 3. What does every lawyer think is a shield that protects him from a conflict of interest?
Posted 10/7/08 Randy Johnston, Johnston ♦ Toby, P.C.
Conflict of Interest - Part 2. When can a lawyer represent both sides of a dispute?
Posted 10/6/08 Randy Johnston, Johnston ♦ Toby, P.C.
Conflict of Interest - Part 1. Why is it clients understand a conflict of interest, but lawyers don't?
Posted 5/9/08 Randy Johnston, Johnston ~ Tobey
Mediation and Confidentiality Agreements. Can you publicize your results?
Posted 4/9/08 Randy Johnston, Johnston ~ Tobey
Arbitration Can Kill Malpractice Coverage. It's ironic lawyers put arbitration clauses in their engagement letters.
Oil and Gas Litigation
Posted 9/15/08 Koy R. Killen, Winstead, P.C.
Coastal v. Garza. The Texas Supreme Court's recent opinion overturning a jury's award for trespass damages resulting from hydraulic fracturing ...
Posted 5/11/08 Koy R. Killen, Winstead, P.C.
Municipal Drilling Ordinances as Constitutional Takings. An update....
Posted 3/14/08 Koy R. Killen, Winstead, P.C
Shut-in Wells and Lease Primary Term Extension. A Temporal Inquiry.
Patent Litigation
Posted 9/8/08 Michael C. Smith, Siebman, Reynolds, Burg, Phillips & Smith, LLP
Post-Trial Motions Denied in Saffran v. Boston Scientific. Court Found Defense Counsel Violated Court Orders
Posted 8/3/08 Michael C. Smith, Siebman, Reynolds, Burg, Phillips & Smith, LLP
June 2008 Patent Filing Statistics. Eastern District of Texas Still Tops in Filings Per District and Per Judge
Posted 8/3/08 Michael C. Smith, Siebman, Reynolds, Burg, Phillips & Smith, LLP
Medtronic v. Boston Scientific Corp. Defendant's Motion for Judgment as a Matter of Law Par. 5 - GRANTED
Federal
Posted 5/9/08 Alex B. Roberts, Beck, Redden & Secrest, L.L.P.
Fifth Leans on Learned Intermediary Doctrine in Failure to Warn Case. Leaves Preemption for SCOTUS.
Texas Supreme Court
Posted 6/4/08 Sean Michael Reagan, Leyh & Payne L.L.P.
Reasonable Attorney’s Fees for Breach of Express Warranty. Medical City Dallas, Ltd. v. Carlisle Corp.
Posted 5/19/08 Sean Michael Reagan, Leyh & Payne L.L.P.
Murff v. Pass. The Texas Supreme Court continues to shape the law of voir dire.
Tips for Trial Lawyers
Posted 4/27/09 William Allred, Cooper & Scully, P.C.
Texas Supreme Court Update On Insurance Cases. An insurance coverage dispute examines intentional injury exclusions in auto liability policies.
Posted 9/11/08 Brandon Renken, Locke Lord Bissell & Liddell LLP
Waiving Your Pro Bono Client’s Rights. Using standard forms for pro bono divorces can have grave consequences for your client.
Posted 2/29/08 Andrea Paterson, Beck, Redden & Secrest, LLP.
Tips From the Trenches - Edition 1. Experience cannot be bought, but thankfully, it can be shared.
White Collar Crime
Posted 8/19/08 Gregory S. Saikin, Locke Lord Bissell & Liddell LLP
Corporate Crime Prosecutions. New DOJ Memo Expected To Strengthen Attorney-Client and Work-Product Protections in Corporate Crime Prosecutions