The latest from Texas Lawyer
- Judge Sam Sparks Addresses "Kindergarten Party" Order, Jones' Email
- Supremes Consider Proof Needed for Attorneys' Fees
- The Move Toward Mini-Markmans
- Mark Cuban Wants Disputes With Ross Perot Jr. in One Court
- Jones Says Dennis Accepted Her Apology After Heated "Shut Up" Exchange
- Litigator of the Week: Man on a Mission
- VerdictSearch
- 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
| 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). | |
| The Move Toward Mini-Markmans | Top |
| President Barack Obama signed a significant patent reform bill into law on Sept. 16. But one of Texas' busiest patent judges — U.S. District Judge Leonard Davis of the Eastern District of Texas — is ahead of the game in making sure defendants don't get dragged into his federal courtroom unnecessarily. | |
| Mark Cuban Wants Disputes With Ross Perot Jr. in One Court | Top |
| Dallas Mavericks majority owner Mark Cuban wants to put two Dallas legal battles with Ross Perot Jr. in front of one judge — 192nd District Judge Craig Smith (pictured). Cuban hopes to consolidate a parking lot dispute filed with a suit Perot's Hillwood Investment Properties III filed in 2010, says Tom Melsheimer, who represents Cuban's companies in both cases. | |
| 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. | |
| 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. | |
| 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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