Articles & Publications Archive

A review of apportionment of fault in Georgia under O.C.G.A. § 51-12-33.

A primer to educate attorneys on the elements of claims for injunctive relief falling under the Lanham Act.

With narrowed grounds for challenging arbitration awards, trial courts are aggressively sanctioning litigants who frustrate the purpose of the Federal Arbitration Act.

The use of national counsel can be one method to improve the delivery of legal services while controlling costs. Further, appropriate alternative fee structures through national counsel may result in lowering total attorneys fees for the litigation or project and reflecting the value of the service rather than just the time spent.

"There are three kinds of liars:  the common liar, the damned liar, and the expert witness."

An examination of the lawyer's ethical duties to the court and the client when expert witnesses are less than forthcoming.

An examination of the ability for cost-shifting as the volume of discoverable information grows in the context of e-discovery.

On March 1, 2007, the House of Representatives passed the Employee Free Choice Act (“EFCA”) by a wide margin, although several months later the bill died in the Senate after a Republican-announced filibuster. Since then, the political climate in Washington has changed, catalyzed by the election of President Obama.  

An examination of outsourcing legal work to India:  with lawyers earning less than $10,000 a year, the cost savings for e-discovery are hard to resist.

The trend toward arbitration has intensified the controversy about the appropriate scope of judicial review for an arbitration award. On March 25, 2008, however, the United States Supreme Court decided Hall Street Associates, L.L.C. v. Mattel, Inc., which resolved a circuit split over whether parties may contractually expand the existing grounds for vacating an arbitration award.

A review of historic Texas Supreme Court decisions relating to slavery and emancipation.  

A look at the history of the Supreme Court of Texas reveals a rich and fascinating past, and the articles reviewed here cover some of the most tumultuous times in that court's history.  

An examination of sanctioning injury because of insults.

Differing views on whether or not the long-standing consideration requirement should be abandoned in contract actions generally.

An examination of ethics and professionalism issues related to non-client charges.

Suggestions on how to implement three strategies for a jury charge during each phase of the charge process.

An interview with former Justice Gonzalez who retired from the Texas Supreme Court in December 1998.

Revisting the set of maxims for successful appellate advocacy found in The Common Law Tradition - Deciding Appeals, by Karl N. Llewellyn (1960). 

Today, an attorney seeking to preserve the right to raise an improper jury argument point on appeal should object at trial regardless of whether the argument appears to fall into one of the categories of arguments that have traditionally been deemed incurable.

An exploration of whether Casteel represents an ill-advised revival of the presumed harm doctrine or a justifiable narrowing of the harmless error rule. 

This article provides an overview of the procedural rules and case law applicable to superseding nonmonetary judgments.

Careful selection of an economics expert who can help identify damages and prepare well-supported, believable reports on the measurement of damages has never been more important.

No matter how prudent or careful you are, at some time or another you have probably said something to an opposing counsel, client, or witness you wish you had not. Nowadays, you could find yourself hearing such remarks played back on a tape recorder.

This article examines Texas law as it governs the relationship between insurance companies, their insureds, and defense counsel, discusses additional guidelines for dealing with potential conflicts of interest, and sets forth suggestions for avoiding problems in the course of insurance defense representation.

This article provides a brief overview of the religion clauses in the Texas Bill of Rights. Concededly, most practitioners will never be asked to assert or defend a claimed violation of the religion clauses. Believers and non-believers alike, however, have a stake in the preservation of the religious freedoms deemed so fundamental by our forebears.

This article focuses on developments in automobile accident litigation practice. Topics covered include uninsured or underinsured motorist claims, liability coverage under automobile insurance polices, and recent developments related to vehicular accident claims in general.

An examination of Texas law on the issue of whether you are condemed to advocate on appeal only the grounds specifically relied on by the judge in granting your motion for summary judgment.

The purpose of this article is threefold:  1) to question the continuing viability of the zero damages rule; 2) to encourage practitioners to challenge jury awards of zero damages as against the great weight and preponderance of the evidence rather than as violative of the zero damages rule; and 3) to advocate that appellate courts not use the zero damages rule as a substitute for well-settled standards of evidentiary review.