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 …
Read MoreCraig 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 …
Read MoreObjections to Affidavit for Lack of Jurat Must be Objected to at Trial Court
10-0969, 2012 WL 1370867 (Tex. Apr. 20, 2012), the Texas Supreme Court considered whether the lack of a jurat - Furthermore, because no objection to the affidavit was made in the trial court about the purported affidavit’s failure to satisfy the requirements of the Texas Government Code, the defect was waived and was not preserved for …
Read MorePrivate Lawyer Advising Cities Has Immunity from Suit
On April 17, 2012, the U.S. Supreme Court held that a private attorney retained by the government to carry out its work is entitled to seek qualified immunity from suit under Section 1983. (Section 1983 provides a cause of action against state actors who violate an individual’s rights under federal law. See 42 U.S.C. § …
Read MoreRecovery of Court Costs in Texas State Court
As a general rule, a successful party to a suit shall recover of his adversary all costs incurred therein. See Tex. R. Civ. P. 131. The term “successful party” means one who is successful based on the merits of a civil claim, not on whether damages are actually awarded in favor of that party. A …
Read MoreThe Dallas Court of Appeals Holds that a Denial of Leave to Designate a Responsible Third Party is Subject to Mandamus Relief.
The Dallas Court of Appeals recently held that a denial of leave to designate a responsible third party is subject to mandamus relief. In In re Smith, No. 05-11-01657-CV., 2012 WL 1066331 (Tex. App.—Dallas 2012, no pet. h.), the Dallas Court of Appeals held that an “improper denial of leave to designate a responsible third …
Read MoreTexas Supreme Court Affirms Property Rights of Shoreline Owners
On March 30, 2012, the Texas Supreme Court, in Severance v. Patterson, affirmed the private property rights of shoreline property owners. In doing so, the Court ruled the public’s right of access to state beaches is not guaranteed in the event of a hurricane or storm reshaping the coastline. This ruling is thought to limit …
Read MoreTexas Supreme Court Holds Jury Waiver Enforceable
On March 9, 2012, the Texas Supreme Court issued its decision in In Re Frank Motor Company, which held that a long time employee who signed a jury waiver agreement was not entitled to have it set aside because he was coerced into signing it by his employer. In this case, a long-time employee (“Employee”) …
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