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• Case Summaries
• Appellate Lawyer of the Week: Removal Too Late
• Principals Prevail in 5th Circuit Candy Cane Case
• Model Order Would Limit E-Discovery in Patent Cases
• Newsmakers
• Judge Sam Sparks Addresses "Kindergarten Party" Order, Jones' Email
• Supremes Consider Proof Needed for Attorneys' Fees
• Discipline
• Commentary: Objection, Your Honor: Hearsay in State and Federal Court
• Commentary: Ponder Sales Tax Issues in Corporate Planning
• Ten Key Supreme Court Decisions of the 2010-2011 Term
• Questions to Ask to Win the Next Hearing
• Letter to the Editor: Credit Where It's Due
• I Like Being a Lawyer
• Commentary: The ABCs of TROs
• Commentary: Law and Living La Dolce Vita
• Commentary: Med-Mal Suits Against Government-Employed Docs Nixed
• How to Motivate Lawyers Effectively
• Commentary: Leaning In — Female Professionals Must Embrace Ambition
• Commentary: How to Deal With Questions From the Bench

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Case Summaries	Top
The following state and federal court opinions were issued from Aug. 25 to Sept. 20. Practice areas addressed in these cases include criminal law, admiralty, employment law, family law, insurance law and civil practice, among others. Subscribers have access to the full text of these opinions online and can receive Texas Lawyer's Daily Case Alert, which includes the very latest opinions issued by state and federal appellate courts in Texas. To sign up to receive the Daily Case Alert in your inbox each day, click here.
Appellate Lawyer of the Week: Removal Too Late	Top
A Houston solo was surprised when the government stepped in and removed to federal court a state court default judgment he won on behalf of a medical-malpractice client. He argued that the removal, which vacated the $700,000 judgment, was improper. And on Sept. 12, the 5th U.S. Circuit Court of Appeals proved him right.
Principals Prevail in 5th Circuit Candy Cane Case	Top
The full 5th U.S. Circuit Court of Appeals handed public school administrators a big victory on Sept. 27, ruling that two elementary school principals are immune from suit for allegedly preventing students from distributing religious gifts at school. The opinion said the law on whether elementary school administrators can be sued for alleged religious free-speech violations is too unclear to allow the suit go forward.
Model Order Would Limit E-Discovery in Patent Cases	Top
Chief Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit has unveiled a model order that would limit e-discovery in patent cases. At the 2011 Eastern District of Texas Bench Bar Conference in Irving on Sept. 27, Rader said the Federal Circuit Advisory Council unanimously voted to adopt the proposed "Model Order on E-Discovery in Patent Cases."
Newsmakers	Top
Judge Sam Sparks Addresses "Kindergarten Party" Order, Jones' Email	Top
U.S. District Judge Sam Sparks of Austin is not usually one to keep his opinions to himself. So when a controversy ignited over his now famous Kindergarten Party order, Sparks was unusually silent, because he was on vacation in Rome. The judge says he has written worse things than that particular order and he doesn't think it was a big deal.
Supremes Consider Proof Needed for Attorneys' Fees	Top
The Texas Supreme Court heard oral arguments on Sept. 15 regarding whether Texas courts should require lawyers to produce detailed time records when seeking attorney-fee awards, as is the practice in federal courts. "Throughout the history of Texas case law, including Texas Supreme Court cases, courts have approved awards of attorneys' fees based on testimony," says El Paso solo John Mobbs (pictured).
Discipline	Top
One lawyer was suspended for 12 months, another received a public reprimand, and one was placed on probation, the State Bar of Texas reported recently.
Commentary: Objection, Your Honor: Hearsay in State and Federal Court	Top
The definition of hearsay in Texas is complex. And complexity in the rules of evidence creates opportunities for effective advocacy, as it does in every other area of the law, says Tom Hagemann and Marla Poirot. Trial lawyers need to base their arguments on the core hearsay principles, such as evidentiary necessity, witness availability, the statement's intended use at trial and its indicia of reliability.
Commentary: Ponder Sales Tax Issues in Corporate Planning	Top
Attorneys advising clients on business organizations and reorganizations always should consider the state sales tax pitfalls and planning opportunities. Consolidated reporting on a single federal income tax return often eliminates federal tax issues. But for state sales tax purposes, transactions between related entities are usually recognized as taxable events.
Ten Key Supreme Court Decisions of the 2010-2011 Term	Top
Texas is among the nation's largest and most economically vibrant and diverse states. So it's no surprise the state's highest civil court enjoys a regular diet of significant legal controversies, write James C. Ho and Ashley E. Johnson. They chose 10 of those decisions to highlight from the 2010-2011 term.
Questions to Ask to Win the Next Hearing	Top
Though it should go without saying, judges are busy, writes James M. Stanton. They can spend only a fraction of the time attorneys do preparing for each hearing. To zero in on what the judge wants to know to resolve the dispute in a client's favor, counsel should be prepared to answer four questions, regardless of the type of motion or plea he is presenting.
Letter to the Editor: Credit Where It's Due	Top
I Like Being a Lawyer	Top
Tracy J. Willi lists the top five reasons she likes being a lawyer.
Commentary: The ABCs of TROs	Top
It's a sunny Friday afternoon at 2:00. An associate is thinking about ducking out of the office early for happy hour. But just then the phone rings: It's a big client, and her company needs a petition and a temporary restraining order filed ASAP. What to do? Anthony Lowenberg offers a quick primer on the last-minute TRO.
Commentary: Law and Living La Dolce Vita	Top
At some point in their lives and careers, many people dream about how life would be in a different country. The fantasy is often that life is easier on the other side of the pond. Suzanne E. Tomkies, an American expatriate and a Texas lawyer who has lived overseas for 12 years, says attorneys often ask her how to go about living and working in another country. She gives a glimpse into the life of an American lawyer in Rome.
Commentary: Med-Mal Suits Against Government-Employed Docs Nixed	Top
Most Texas lawyers know that in 2003 the Legislature, in H.B. 4, enacted sweeping legislation to protect doctors in medical-malpractice suits, writes Amy Warr, a partner in the appellate boutique Alexander Dubose & Townsend in Austin. H.B. 4 capped damages, required the early filing of expert reports, shortened the limitations period and mandated jury unanimity for punitive damages.
How to Motivate Lawyers Effectively	Top
Managing partners in today's first-generation firms are increasingly aware of the need for an effective method of motivating their lawyers, says Joel A. Rose. The basic question facing these partners is how to enable lawyers to achieve — in effect, how to motivate lawyers so they will stay with the firm.
Commentary: Leaning In — Female Professionals Must Embrace Ambition	Top
August means two things to big-firm lawyers: goodbye to summer associates and hello to first-year associates — that and weather hot enough to melt a cheap briefcase, says Kathleen J. Wu. For those sending the summers back to law school and bringing the newly minted lawyers into the fold, she offers some wisdom from an up-and-comer in whom she has taken a particular interest.
Commentary: How to Deal With Questions From the Bench	Top
One of the most stressful moments of a hearing or argument comes when the judge looks up from her papers, clears her throat and says, "Counsel, I have a question." This simple sentence can fluster new and experienced counsel alike, but the strategy for capable answers in the courtroom is simple, says Jim Moseley. To deal effectively with questions from the bench, a lawyer must appreciate the queries for what they are, anticipate what questions may be asked and prepare truthful responses that advance the client's position.

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