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• Jones Says Dennis Accepted Her Apology After Heated "Shut Up" Exchange
• Litigator of the Week: Man on a Mission
• Get Down to Brass Tacks: His French Horn Days are Over, but Judge Still Knows the Score
• VerdictSearch
• Appellate Lawyer of the Week: Unsigned, But Executed
• The States Are Getting in on the MDL Action
• Inadmissible
• Newsmakers
• Discipline
• Newsmakers
• Objection, Your Honor: Hearsay in State and Federal Court
• 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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Jones Says Dennis Accepted Her Apology After Heated "Shut Up" Exchange	Top
During Sept. 21 en banc arguments in United States v. Maria Delgado, 5th Circuit Chief Judge Edith Jones felt the need to tell Judge James Dennis to "shut up." In an interview, Jones says she apologized to Dennis "for my intemperate language in the last argument. And you might add, he accepted my apology."
Litigator of the Week: Man on a Mission	Top
An unusual procedural approach during the trial of Gruma Corp. v. Mexican Restaurants Inc. recently led to a defense judgment in a trademark infringement suit for a Houston lawyer and his client Mexican Restaurants Inc. The lawyer says the trial judge granted his pretrial motion requesting a "rare" advisory jury, which he had never used before.
Get Down to Brass Tacks: His French Horn Days are Over, but Judge Still Knows the Score	Top
If Steve Smith weren't the judge of the 361st District Court in Bryan, he'd probably be a band director. Before a friend "veered" him off course to law school, Smith was marching toward a career in music. He was a part-time municipal judge in College Station and later a court-at-law judge before landing at the 361st District Court after winning election in 1998.
VerdictSearch	Top
Female workers who claimed judge fondled them awarded $3.2 million. Doctor not liable for breast-implant complications. Patient gets $264,000 for injuries from lithium toxicity. Jury awards $12,984 to motorcyclist thrown from bike. Plaintiff awarded $4,030 for knee injury. Defendant not liable for rear-ender with city truck. Elderly pedestrian gets $212,500 for truck accident. Driver recovers for back and neck injuries. Worker burned by boiling water gets $64,000. Tree stand maker not liable for hunter's fall.
Appellate Lawyer of the Week: Unsigned, But Executed	Top
For his first-ever oral argument before an appeals court, a Beaumont lawyer traveled from Beaumont to El Paso, because the Texas Supreme Court reassigned the 9th Court of Appeals case to the 8th Court of Appeals under a caseload equalization program. He says he was surprised the appeal was moved so far from where the parties and lawyers live, instead of to a venue closer to Beaumont such as Tyler or Eastland. But things worked out just fine for his client.
The States Are Getting in on the MDL Action	Top
The field of combat in the Toyota sudden-acceleration litigation is the Central District of California, where 300 cases have been coordinated in federal multidistrict litigation. But there are plenty of side skirmishes in state courts (including Texas), which over the years have emulated the federal coordination system. "The frustration for some of the practitioners is that you'd end up with a bunch of cases in federal court in an MDL, but you didn't have that in state court," says Dallas attorney Yvette Ostolaza.
Inadmissible	Top
"Wildfire Losses," "Party Time," "Jones Not Amused," "Costa Nominated," "Powerful Post" and "'Staggering Chutzpah'"
Newsmakers	Top
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.
Newsmakers	Top
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.
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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