Hot Topics for Trial Lawyers
A compilation of journalistic articles to keep you abreast of changing developments and current events in the litigation realm.
If you are interested in writing for the Hot Topics segment, email tnuckols@texasbar.com
Appellate Procedure and Standard of Review
Posted 2/18/08 John T. Wilson IV and David E. Keltner, Kelly Hart & Hallman
Patent Infringement. The "Federalizing" of State Legal Malpractice Claims
Posted 2/18/08 John T. Wilson IV and David E. Keltner, Kelly Hart & Hallman
The PJC Takes Another Hit. "Defect" and "Producing Cause" Just Aren't What They Used to Be
Supreme Court Advisory Committee
Posted 1/8/08 Alistair Dawson, Beck, Redden & Secrest, L.L.P.
Jury Instructions In Plain English. A major initiative being considered by the SCAC involves changes to Rule 226a.
Posted 1/8/08 Alistair Dawson, Beck, Redden & Secrest, L.L.P.
Complex Courts. Will the Supreme Court push through a 'complex court' system with rule-making?
Arbitration
Posted 4/7/08 Brandy Wingate, Senior Staff Attorney, Thirteenth Court of Appeals
Supreme Court Rejects Contractual Expansion of Appellate Review of Arbitration Awards under FAA. Hall Street Assocs., LLC v. Mattel
Posted 3/18/08 Mark Trachtenberg and Christina Crozier, Haynes and Boone, LLP
Compelling Arbitration in the Trial Court. The process can be provided into three steps.
Posted 1/15/08 Mark Trachtenberg and Christina F. Crozier, Haynes and Boone L.L.P.
Things to Consider Before Filing a Petition to Vacate an Arbitration Award. Often, a party that loses big in arbitration is willing to roll the dice.
Civil Practice & Remedies Code
Posted 7/17/08 Sean Michael Reagan, Leyh & Payne, L.L.P.
Overlooked Gems (or Traps) For Trial Lawyers. The CPRC can act as a shield or a sword....
Court Administration Task Force
Posted 5/11/08 Richard C. Hile, Dies & Hile, LLP
Potential Conversion of County Courts to District Courts. R. Hile Memo to the Court Administration Task Force
Discovery
Posted 5/11/08 W. Royal Ferguson, Jr., U.S. District Court, Western District of Texas
Bell Atlantic Corp. v. Tombly. A wake-up call for trial lawyers and trial judges everywhere.
E Discovery
Posted 3/9/08 David Chaumette, Shook, Hardy & Bacon L.L.P.
Data Collection Pitfalls. How can you avoid spoliation issues when data may be relevant to a lawsuit?
Posted 3/9/08 David Chaumette, Shook, Hardy & Bacon L.L.P.
New Methods for Protecting Privilege. Maintaining privilege, especially with large production volumes, can be a significant challenge.
Posted 2/15/08 Alistair Dawson, Beck Redden & Secrest, L.L.P.
Attorneys Beware - E Discovery Sanctions. Qualcomm - a road map of what NOT to do if you want to avoid discovery sanctions.
Business Torts
Posted 4/24/08 Barry Barnett, Susman Godfrey
Bidness torts ain’t what they used to be - part II. Let's take another stroll down memory lane.
Posted 1/8/08 Barry Barnett, Susman Godfrey L.L.P.
Business torts ain’t what they used to be. Alot in the business tort landscape has changed since I started practicing over 22 years ago.
Legal Malpractice
Posted 5/9/08 Randy Johnston, Johnston ~ Tobey
Mediation and Confidentiality Agreements. Can you publicize your results?
Posted 4/9/08 Randy Johnston, Johnston ~ Tobey
Arbitration Can Kill Malpractice Coverage. It's ironic lawyers put arbitration clauses in their engagement letters.
Oil and Gas Litigation
Posted 5/11/08 Koy R. Killen, Winstead, P.C.
Municipal Drilling Ordinances as Constitutional Takings. An update....
Posted 2/15/08 Koy R. Killen, Winstead, P.C
Shut-in Wells and Lease Primary Term Extension. A Temporal Inquiry.
Federal
Posted 5/9/08 Alex B. Roberts, Beck, Redden & Secrest, L.L.P.
Fifth Leans on Learned Intermediary Doctrine in Failure to Warn Case. Leaves Preemption for SCOTUS.
Posted 1/5/08 Alex B. Roberts, Beck, Redden & Secrest, LLP.
Judicial Independence Gets a Congressional Helping Hand. With Congress' approval of the Court Security Act of 2007, members of the Third Branch receive peace of mind.
Texas Supreme Court
Posted 6/5/08 Sean Michael Reagan, Leyh & Payne L.L.P.
Reasonable Attorney’s Fees for Breach of Express Warranty. Medical City Dallas, Ltd. v. Carlisle Corp.
Posted 5/20/08 Sean Michael Reagan, Leyh & Payne L.L.P.
Murff v. Pass. The Texas Supreme Court continues to shape the law of voir dire.
Tips for Trial Lawyers
Posted 1/15/08 Andrea Paterson, Beck, Redden & Secrest, LLP.
Tips From the Trenches - Edition 1. Experience cannot be bought, but thankfully, it can be shared.