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The latest from Texas Lawyer

• The States Are Getting in on the MDL Action
• Judge Tosses BP Shareholders' Claims Arising From Oil Spill
• CCA's Term Marked By a Beginning, End
• Inadmissible
• Newsmakers
• Marcellus Shale Attracts Laterals From Miles Around
• Your Government, on Twitter
• Stuffed Bear Ejected From Courthouse Lobby as Violating 'Decorum'
• Recent Eastern District of Texas Patent Suits Filed
• Law Schools' Credibility at Issue
• Discipline
• 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
• Commentary: Board Certification — The Last Big Hurdle
• Are You Beer-Worthy?

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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.
Judge Tosses BP Shareholders' Claims Arising From Oil Spill	Top
A consolidated shareholder suit against BP PLC's current and former directors and officers alleging that lapses in security procedures contributed to the Deepwater Horizon oil spill has been dismissed, with a federal judge in Houston concluding that the case belongs in England. The case was one of three shareholder actions pending before U.S. District Judge Keith Ellison.
CCA's Term Marked By a Beginning, End	Top
In its 2010-2011 term, which ended Aug. 31, the Texas Court of Criminal Appeals welcomed its first new judge in almost a decade and, among numerous judicial decisions, overruled a 14-year-old precedent that had been a pet peeve for prosecutors. Judge Elsa Alcala joined the CCA in May 2011. The former 1st Court of Appeals justice is the CCA's first Hispanic female judge.
Inadmissible	Top
"Wildfire Losses," "Party Time," "Jones Not Amused," "Costa Nominated," "Powerful Post" and "'Staggering Chutzpah'"
Newsmakers	Top
Marcellus Shale Attracts Laterals From Miles Around	Top
Pennsylvania's natural gas boom draws attorneys to the area.
Your Government, on Twitter	Top
Despite budget cuts, economic woes, and nonstop political wrangling -- and often because of all that -- government personnel continue to churn out a torrent of messages on Twitter.
Stuffed Bear Ejected From Courthouse Lobby as Violating 'Decorum'	Top
Months before the onset of winter, the Office of Court Administration has sent into hibernation a 7-foot-tall ...
Recent Eastern District of Texas Patent Suits Filed	Top
Patent suits filed in the U.S. District Court for the Eastern District of Texas from Sept. 9 to Sept. 15, 2011.
Law Schools' Credibility at Issue	Top
The law school world was scandalized in February when Villanova University School of Law announced that its former dean and admissions officials had for years inflated the Law School Admission Test scores and grade-point averages of the school's incoming classes.
Discipline	Top
Three lawyers have been publicly reprimanded, the State Bar of Texas reported recently.
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.
Commentary: Board Certification — The Last Big Hurdle	Top
In 1994, Kendall Gray was a briefing attorney at the Texas Supreme Court. When he and his co-clerks looked at the briefs and sat in the courtroom listening to arguments, they often thought the lawyering wasn't especially good, he remembers. They thought they could do at least as well, if not better. But he says he now knows that appellate practice is not as easy as it looks.
Are You Beer-Worthy?	Top
Let's face it, many lawyers are introverts, says Adrian Dayton. They feel more comfortable working at their desks than at a networking reception filled with strangers and awkward moments. Perhaps this is why introverts are drawn to the idea of social networking and business development through LinkedIn, Twitter and Facebook. They hope they won't have to put themselves out there to build new relationships. Unfortunately, this is not reality, he says.

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