More and more these days, witnesses are presented at trial through video deposition excerpts, either by necessity because they are unavailable at trial (out-of-state witnesses, treating physicians, etc.) or by choice (to streamline the case or in situations where an adverse witness’s testimony will never get better than it was at deposition). Some tips: Keep the video edits…
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For the trial lawyers out there, here’s a great new book by Rick Friedman and Patrick Malone: Rules of the Road: A Plaintiff Lawyer’s Guide to Proving Liability. This book emphasizes how jurors are called upon to make a collective decision about subjective concepts like “reasonableness,” and how defense lawyers use complexity, confusion and ambiguity to derail the plaintiff’s…
Good article about the dangers of amusement park rides. Hey, I’m not opposed to the well-run outfits, but even the most-professionally run parks have had some problems. What really scares me to death are the traveling carnivals that set up in mall parking lots, at county fairs, and such. I worked on a case years ago involving a machine…
Caps on damages, legislative protection, shifting responsibility, immunity from lawsuits…the list just goes on. Here in Texas, it’s a bad time to be an injured consumer looking for relief through the civil justice system. Criticizing the effects of “tort reform” legislation passed by the Texas Legislature in 2003, a recent editorial in the Houston Chronicle summed up the problem…
Women, children, the elderly, minorities and those who are less-affluent, according to a study done by two professors at Emory University. Here is the abstract to the article: “Tort reform may not affect all segments of society equally. Studies have shown that many tort reforms disproportionately reduce compensation to women, children, the elderly, disadvantaged minorities, and less affluent people. This…
Good article in the Texas Observer dispels one of the big myths foisted upon Texans by the insurance industry in pushing “tort reform” back in 2003. Quote: “Proposition 12, and the far-reaching changes in Texas civil law that it dragged behind it, was built on a foundation of mistruths and sketchy assumptions. The number of doctors in the state…
A grown man sat in my office last week and cried like a baby. He had buried his wife and their first child less than a month earlier, both the victims of medical negligence. He came to us for help, wanting answers to why his young, healthy wife and his unborn son are now gone. He struggled to simply…
Allstate refuses to turn over documents in a Missouri lawsuit which pertain to company policies “allegedly” designed to shortchange clients while earning itself huge profits. Even the Missouri Supreme Court, not exactly known as a hot bed of liberal judicial activism, orders Allstate to turn over the documents. They still refuse. So the trial judge fines Allstate $25,000 per…
Bills are being floated in Washington D.C. to address the growing disparity between consumers and businesses because of mandatory arbitration clauses which prevent consumers from taking disputes to a court of law. At issue is the fine print in many contracts for goods and services, such as credit cards and cellphones, requiring that disputes be submitted to arbitration by…
Sharon Keller, the presiding judge of the Texas Court of Criminal Appeals (that’s the highest court in the state for criminal matters), has been named in a wrongful death lawsuit brought by the widow of Michael Wayne Richard. Richard was executed by the state on September 25th, after his lawyers tried unsuccessfully to file a last-minute appeal. Keller contends that…
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