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

Click a subject area to view articles:

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 1/8/08 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 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 4/18/08 Mark Trachtenberg and Christina Crozier, Haynes and Boone, LLP
Compelling Arbitration in the Trial Court. The process can be provided into three steps.

Posted 1/15/08 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 7/17/08 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 3/18/08 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 1/8/08 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 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?

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?

Legal Malpractice

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 3/15/08 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 6/5/08 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 5/20/08 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 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 3/1/08 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