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
TOPICS:
Posted 12/3/10 Jury Selection in a Social Media Age. Much has been written on the risk-management side about the potential for sequestration violations by jurors armed with ...
Brian Lewis, Esq.
Posted 5/10/10 Corporate Citizenship after Hertz v. Friend. Resolving a long standing circuit split ...
Ichan Kwon, Haynes and Boone, LLP
Posted 4/22/10 Corporate Citizenship after Hertz v. Friend.
Inchan Kwon, Haynes and Boone, LLP
Posted 4/9/10 Pleading Requirements and Surviving Rule 12(b)(6). The federal pleading standards have undergone major changes in the last three years.
Melissa L. Celeste, Haynes and Boone, LLP
Posted 4/9/10 When Rules Collide. "Snap Back" Rules Do Not Always Protect Against Inadvertent Disclosure of Privileged Documents
Josh Borsellino, Haynes and Boone, LLP
Posted 4/9/10 ESI Preservation and Collection in the wake of Pension Committee v. Banc of America. (Zubulake Revisited)
Jennifer Butler Wells, Haynes and Boone, LLP
Posted 7/27/09 Seriously - Piercing the Corporate Veil. The Texas Supreme Court has sounded the death knell for the single business enterprise theory of liability ...
George Young, Haynes and Boone, LLP
Posted 4/27/09 Texas Supreme Court Update On Insurance Cases. An insurance coverage dispute examines intentional injury exclusions in auto liability policies.
William Allred, Cooper & Scully, P.C.
Posted 3/11/09 Texas Supreme Court Update on Insurance Cases. A roadmap to coverage and a duty to defend in construction defect cases.
William Allred, Cooper & Scully, P.C.
Posted 2/19/09 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 ...
Lee Shidlofsky, Visser Shidlofsky LLP
Posted 2/19/09 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.
Lee Shidlofsky, Visser Shidlofsky LLP
Posted 2/19/09 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.
Lee Shidlofsky, Visser Shidlofsky LLP
Posted 2/19/09 Pine Oak Builders v. Great American Lloyds. The Supreme Court of Texas refuses to apply an exception to the "eight corners" rule.
Lee Shidlofsky, Visser Shidlofsky LLP
Posted 2/3/09 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?
William Allred, Cooper & Scully, P.C.
Posted 12/5/08 Texas Supreme Court Update on Insurance Cases. Should choice of law be included in indemnity provisions?
William Allred, Cooper & Scully, P.C.
Posted 11/4/08 Don’s Building Supply, Inc. v. OneBeacon Insurance Co.. The Supreme Court Pulls the Trigger on Manifestation.
Lee Shidlofsky, Visser Shidlofsky LLP
Posted 11/4/08 The Estoppel Doctrine. The Wilkinson exception becomes the Ulico exception.
Lee Shidlofsky, Visser Shidlofsky LLP
Posted 10/16/08 Don’s Building Supply v. OneBeacon Insurance Co.. When is an insurer's duty triggered on an occurrence-based commercial policy?
William Allred, Cooper & Scully, P.C.
Posted 10/16/08 Trial Court Arbitrability Decisions. Pathways to review.
Mark Trachtenberg and Christina Crozier, Haynes and Boone, LLP
Posted 10/7/08 Conflict of Interest - Part 3. What does every lawyer think is a shield that protects him from a conflict of interest?
Randy Johnston, Johnston ♦ Toby, P.C.
Posted 10/7/08 Conflict of Interest - Part 2. When can a lawyer represent both sides of a dispute?
Randy Johnston, Johnston ♦ Toby, P.C.
Posted 10/6/08 Conflict of Interest - Part 1. Why is it clients understand a conflict of interest, but lawyers don't?
Randy Johnston, Johnston ♦ Toby, P.C.
Posted 10/6/08 Pathways to Review of Trial Court Arbitrability Decisions. The route to, and availability of, appellate review of trial court decisions.
Mark Trachtenberg and Christina Crozier, Haynes and Boone, LLP
Posted 10/2/08 New Methods for Protecting Privilege (Part II). Rule 502 added to the Federal Rules on September 19.
David A. Chaumette and Andrew Biberstein, Baker & McKenzie LLP
Posted 9/16/08 Texas Supreme Court Update on Insurance Cases. Do cell phones cause bodily injury thus requiring an insurer to defend such allegations?
William Allred, Cooper & Scully, P.C.
Posted 9/15/08 Coastal v. Garza. The Texas Supreme Court's recent opinion overturning a jury's award for trespass damages resulting from hydraulic fracturing ...
Koy R. Killen, Winstead, P.C.
Posted 9/11/08 Waiving Your Pro Bono Client’s Rights. Using standard forms for pro bono divorces can have grave consequences for your client.
Brandon Renken, Locke Lord Bissell & Liddell LLP
Posted 9/9/08 The Insurability of Punitive Damages. Does public policy prevent insurance coverage for punitive damages?
Clyde J. "Jay" Jackson, III, Abraham, Watkins, Nichols, Sorrels & Friend
Posted 9/8/08 Post-Trial Motions Denied in Saffran v. Boston Scientific. Court Found Defense Counsel Violated Court Orders
Michael C. Smith, Siebman, Reynolds, Burg, Phillips & Smith, LLP
Posted 8/19/08 Corporate Crime Prosecutions. New DOJ Memo Expected To Strengthen Attorney-Client and Work-Product Protections in Corporate Crime Prosecutions
Gregory S. Saikin, Locke Lord Bissell & Liddell LLP
Posted 8/3/08 June 2008 Patent Filing Statistics. Eastern District of Texas Still Tops in Filings Per District and Per Judge
Michael C. Smith, Siebman, Reynolds, Burg, Phillips & Smith, LLP
Posted 8/3/08 Medtronic v. Boston Scientific Corp. Defendant's Motion for Judgment as a Matter of Law Par. 5 - GRANTED
Michael C. Smith, Siebman, Reynolds, Burg, Phillips & Smith, LLP
Posted 7/16/08 Overlooked Gems (or Traps) For Trial Lawyers. The CPRC can act as a shield or a sword....
Sean Michael Reagan, Leyh & Payne, L.L.P.
Posted 6/4/08 Reasonable Attorney’s Fees for Breach of Express Warranty. Medical City Dallas, Ltd. v. Carlisle Corp.
Sean Michael Reagan, Leyh & Payne L.L.P.
Posted 6/2/08 Supreme Court Rejects Contractual Expansion of Appellate Review of Arbitration Awards under FAA. Hall Street Assocs., LLC v. Mattel
Brandy Wingate, Senior Staff Attorney, Thirteenth Court of Appeals
Posted 5/22/08 Patent Infringement. The "Federalizing" of State Legal Malpractice Claims
John T. Wilson IV and David E. Keltner, Kelly Hart & Hallman
Posted 5/19/08 Murff v. Pass. The Texas Supreme Court continues to shape the law of voir dire.
Sean Michael Reagan, Leyh & Payne L.L.P.
Posted 5/12/08 Data Collection Pitfalls. How can you avoid spoliation issues when data may be relevant to a lawsuit?
David Chaumette, Shook, Hardy & Bacon L.L.P.
Posted 5/11/08 Municipal Drilling Ordinances as Constitutional Takings. An update....
Koy R. Killen, Winstead, P.C.
Posted 5/11/08 Bell Atlantic Corp. v. Tombly. A wake-up call for trial lawyers and trial judges everywhere.
W. Royal Ferguson, Jr., U.S. District Court, Western District of Texas
Posted 5/9/08 Fifth Leans on Learned Intermediary Doctrine in Failure to Warn Case. Leaves Preemption for SCOTUS.
Alex B. Roberts, Beck, Redden & Secrest, L.L.P.
Posted 5/9/08 Mediation and Confidentiality Agreements. Can you publicize your results?
Randy Johnston, Johnston ~ Tobey
Posted 4/24/08 Bidness torts ain’t what they used to be - part II. Let's take another stroll down memory lane.
Barry Barnett, Susman Godfrey
Posted 4/17/08 Compelling Arbitration in the Trial Court. The process can be provided into three steps.
Mark Trachtenberg and Christina Crozier, Haynes and Boone, LLP
Posted 4/9/08 Arbitration Can Kill Malpractice Coverage. It's ironic lawyers put arbitration clauses in their engagement letters.
Randy Johnston, Johnston ~ Tobey
Posted 3/17/08 Attorneys Beware - E Discovery Sanctions. Qualcomm - a road map of what NOT to do if you want to avoid discovery sanctions.
Alistair Dawson, Beck Redden & Secrest, L.L.P.
Posted 3/14/08 Shut-in Wells and Lease Primary Term Extension. A Temporal Inquiry.
Koy R. Killen, Winstead, P.C
Posted 3/9/08 New Methods for Protecting Privilege. Maintaining privilege, especially with large production volumes, can be a significant challenge.
David Chaumette, Shook, Hardy & Bacon L.L.P.
Posted 2/29/08 Tips From the Trenches - Edition 1. Experience cannot be bought, but thankfully, it can be shared.
Andrea Paterson, Beck, Redden & Secrest, LLP.
Posted 2/18/08 The PJC Takes Another Hit. "Defect" and "Producing Cause" Just Aren't What They Used to Be
John T. Wilson IV and David E. Keltner, Kelly Hart & Hallman
Posted 1/14/08 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.
Mark Trachtenberg and Christina F. Crozier, Haynes and Boone L.L.P.
Posted 1/7/08 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.
Barry Barnett, Susman Godfrey L.L.P.
Posted 1/7/08 Complex Courts. Will the Supreme Court push through a 'complex court' system with rule-making?
Alistair Dawson, Beck, Redden & Secrest, L.L.P.