Categories

  • Another Insurance Company Win At The Texas Supreme Court
    I'm not usually surprised when insurance companies win at the Texas Supreme Court, but today was a little stunning when the Court issued its opinion in USF&G v. Goudeau.  And I'll warn you up front, I'm short on time and don't have a lot of time to explain my ramblings...
  • Even The FDA Is Against Complete Immunity Preemption?
    One of the hottest topics in the personal injury arena right now is preemption. Generally, the argument for preemption is that if a product complies with federal regulations relating to the safety of that product  (even if the regulations are not adequate) then manufacturers should be completely immune from state tort...
  • Bush’s Legacy In The Federal Judiciary
    This morning's New York Times had a discouraging piece detailing President Bush's judicial appointees.  In the article, President Bush noted that "he had appointed more than a third of the federal judiciary expected to be serving when he leaves office, a lifetime-tenured force that will influence society for decades and that...
  • Arbitration Is Good Enough For You, But Not Businesses
    Earlier this week, Jonathon Glater of the New York Times had an article that discussed how businesses use arbitration agreements.  Apparently, at a time when businesses are becoming more and more aggressive about using arbitration clauses in their contracts with consumers, they still aren't using them in business to business...
  • More Drama In The Third Court of Appeals
    A few weeks ago, I wrote about a dispute that was coming to a head in the Texas Third Court of Appeals, which is housed in Austin.  The dispute involved the criminal case against Tom Delay and his business associates.  The Third Court issued a ruling in the criminal case...
  • Arbitration Is Good Enough For You, But Not Businesses
    Earlier this week, Jonathon Glater of the New York Times had an article that discussed how businesses use arbitration agreements.  Apparently, at a time when businesses are becoming more and more aggressive about using arbitration clauses in their contracts with consumers, they still aren't using them in business to business...
  • Corruption in the Court of Appeals?
    There has been a really interesting story the last two days in the local paper discussing allegations of potential corruption at the Austin Court of Appeals. First, some background.  As most know, Travis County District Attorney Ronnie Earle had indicted Tom Delay and others for violations of the Texas Election...
  • Litigation and Social Networking Sites
    Lawyers aren’t the quickest to adopt technology, but those of us that litigate have been using social network sites such as LinkedIn, MySpace, and Facebook to investigate witnesses or clients for some time. And we’re probably all familiar with the reports of Dr. Flea’s blogging of his own trial. But...
  • The Justice Medina Saga Rolls On
    The saga of Supreme Court Justice David Medina is almost like a soap opera.  Just when you thought the story couldn't get more bizarre, it took another twist today. For those not up to speed, here's the story in a nutshell.  The home of Texas Supreme Court Justice David Medina...
  • Tort Reform By Rulemaking
    I don't have time to make a detailed post, but the Washington Post (via the AP) had a great article today about the administration's use of administrative rulemaking authority to preempt lawsuits.  For those interested in civil justice matters, it is certainly worth a read. I have a prior post...