Categories

  • How Arbitration Steals Your Day In Court
    MSNBC correspondent Bob Sullivan has a new article at his blog, The Red Tape Chronicles, entitled "How Arbitration Steals Your Day In Court."  The introduction is telling: If I told you there was a courtroom in America where consumers lose lawsuits to businesses 94 percent of the time, and there is...
  • Irony in the Texas Supreme Court
    Last Friday, the Texas Supreme Court denied petitions for review filed by both sides in BFI Waste Systems of North America, Inc. v. Browning-Ferris Industries, Inc. However, in denying the petitions, the Court issued a per curiam opinion criticizing the court of appeals for issuing a footnote on an issue...
  • Why Tort Reform Myths Are So Difficult To Combat
    A recent article in the Washington Post reports on a study by Norbert Schwarz, a University of Michigan social psychologist, that provides insight into why tort reform myths, and other false statements, are so hard to combat. According to the article: The federal Centers for Disease Control and Prevention recently...
  • Good News From Austin For Homeowners
    There’s some rare good news from Austin for Texas homeowners who have claims or lawsuits against their builders. Last Friday, the Texas Supreme Court handed down the opinion in Lamar Homes, Inc. v. Mid-Continent Casualty Company, and held that an insurance company owes a duty to defend (and likely a...
  • Sports and Athletes at the Courthouse
    Until September 1 and the start of the UT football season rolls around, there just isn’t much going on here in Austin sports-wise. So when we saw that Michael Wilbon of the Washington Post had written an article about athletes and their civil litigation and criminal prosecution woes (the latter...
  • Straight From The Horse’s Mouth Part 2
    The Baylor Law Review has generously given us permission to reprint their article, Straight From the Horse's Mouth:  Judicial Observations of Jury Behavior and the Need for Tort Reform.  Click here to read the entire article. You can read our previous post, which summarized the article, here. To contact Austin...
  • Federal Preemption As Tort Reform
    An increasingly popular tactic of tort reformers is to seek protection from federal preemption. Regulators, backed by tort reform groups, continue to propose and institute measures that seek to preempt state laws and eliminate the rights of those injured. For example, the Food and Drug Administration proposed last year that...
  • Tort Reform: Straight From the Horse’s (or the Judge’s) Mouth
    For years, Texas residents have been hearing about runaway juries, frivolous lawsuits, and the need for tort reform. But most of the stories in the popular press and thrown around by tort reform groups are anecdotal; there has always been a question of how to best gather data to measure...
  • The differences in representing small businesses and personal injury victims
    Readers that have spent any time skimming our website know that, for the most part, our lawyers and attorneys represent individuals in personal injury litigation or small to mid-sized business in commercial litigation.  The other day, someone asked about the differences in representing each set of clients.  For the most...
  • Sanctity of the Jury Trial?
    "I don’t believe my role is to replace the verdict of a jury with my own unless there are new facts or evidence of which a jury was unaware, or evidence that the trial was somehow unfair." Those were the words of President Bush in his own autobiography (as quoted...