Monthly Archive for: ‘May, 2012’

5th Circuit Declares Texas Open Beaches Act Partly Unconstitutional

On May 21, 2012, the 5th U.S. Circuit Court of Appeals ruled the enforcement of the Texas Open Beaches Act, as it applies to a property on Galveston Island in the case Carol Severance v. Jerry Patterson, et al., was an unreasonable seizure of property.  This ruling echoed the Texas Supreme Court ruling (discussed here) regarding a property that was …

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Texas Supreme Court Reverses Exemplary Damages Award

 In Safeshred, Inc. v. Martinez, 2012 WL 1370862, No. 10-0426 (Tex. 2012), the Texas Supreme Court held there was not legally sufficient evidence to recover exemplary damages.  The plaintiff (“Employee”) was a truck driver who was fired after refusing to haul an unsafe load.   Employee brought a wrongful termination claim against his employer (“Employer”) seeking lost wages and exemplary damages. …

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New Study Indicates Tort Reform in Texas Has Not Increased Physician Supply

According to a new study published in April 2012, tort reform measures passed in Texas in 2003 have not increased physician supply in Texas.  The study was authored by David Hyman, University of Illinois College of Law; Charles Silver of the University of Texas at Austin – School of Law, and Bernard Black of Norwestern University – School of Law.  …

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Craig Cherry Now Board Certified in Civil Trial Advocacy by the National Board of Trial Advocacy

Craig Cherry has become Board Certified in Civil Trial Advocacy by the National Board of Trial Advocacy.  The National Board of Trial Advocacy is an accredited organizaton by the American Bar Association  for providing board certification for attorneys across the nation.  The National Board of Trial Advocacy certification program provides recognition for superior achievement in trial advocacy through a rigourous certification and …

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