Former Texas Chief Justice Wallace Jefferson has written the Texas Legislature asking them to defeat a bill that would erode free speech rights in Texas and cause Texas citizens to unnecessarily spend large amounts of money to protect their First Amendment rights.
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Citing Years of Foot-Dragging by BMW and Local Counsel, Dallas Judge Orders Trial ASAP in ‘Lemon’ Lawsuit
After hitting BMW North America and Hedrick Kring Bailey with $773K in sanctions for ‘frivolous and groundless’ efforts to delay discovery in a woman’s suit over the sale of a defective used BMW, Judge Eric V. Moyé informed the automaker the case will go to trial June 6.
P.S. — World Refugee Day, Hispanic Law Student Scholarships, Fundraising Successes (Updated)
In this edition of P.S., Natalie Posgate highlights the details of the DHLF’s Amanecer luncheon, the Genesis Women’s Shelter annual luncheon featuring Nicole Kidman, an upcoming nonprofit event featuring books and booze, and a grant recently provided to the Texas Legal Services Center.
Texas Justices Decline to End Winstead Malpractice Suit
The court unanimously determined that at this stage in proceedings USA Lending Group had presented enough evidence to avoid Winstead’s bid to have the lawsuit tossed under the Texas Citizens Participation Act. Assuming without deciding that the state’s anti-SLAPP law applies to this case, the justices found that USA Lending should be allowed to proceed in the trial court with the suit accusing the firm of failing to request $1.2 million in damages in a motion for default judgment.
15th COA Bill Nears Enactment
Legislation to create a new intermediate appellate court to hear cases involving state government and appeals from new business specialty courts advances as the legislative session starts to wind down.
Analysis: Texans for Lawsuit Reform and Politicians Push Bill to Weaken Free Speech Rights of Texas Citizens
The National Right to Life Committee and the ACLU do not see eye-to-eye on much, but they agree that legislation being pushed by certain Texas Republicans will significantly weaken free speech rights in this state. SB 896, which has passed the Texas Senate, severely erodes strong free speech and free press rights under the 2011 Texas Citizens Participation Act, which is a law that allows judges to quickly dismiss frivolous libel and defamation lawsuits against individuals, families and news organizations.
Updated — ‘Very Emotional’ McKool Smith Co-Founder Leaves Firm After Three Decades
Legendary Dallas trial lawyer Mike McKool announced Thursday that he has left the 130-lawyer firm that he co-founded 32 years ago in order to take on an assignment that he sees as the final big case of his career.
McKool, who has tried more than 100 cases to juries resulting in verdicts exceeding $1 billion, told The Texas Lawbook that he has shed many tears today because he is leaving McKool Smith to take on a case for a client that presents a conflict with other clients at the law firm that bears his name.
Trial Tripleheader Has Tillotson Claiming Win, Win, Win
Opposing counsel already are plotting challenges and appeals in at least two of the cases, and Tom Melsheimer — a former law partner of Tillotson’s and best man at his wedding — views his win on liability for PlainsCapital Bank, which came with an award of $2.5 million in fees and expenses, as a loss for Tillotson. But Tillotson recently spoke to The Lawbook about the intense few weeks of litigation that resulted in what he said are favorable results for each of his clients.
Chief Judge Godbey to Sen. Schumer: Addressing Forum Shopping in Single-Judge Division is Complex and ‘Presents Logistical Challenges’
Chief U.S. District Judge David Godbey of the NDTX told U.S. Senate Majority Leader Charles Schumer that he is “not authorized to impose unilaterally a new method of case allocation” in order to eliminate forum shopping for favorable judges for specific kinds of cases.
In a two-page letter, Chief Judge Godbey said he is “cognizant of the public perception of improper judge-shopping in single-judge divisions,” but the “issues of single-judge divisions are long-standing, and they are not limited to any one class of litigant.”
Verdict in Personal Injury Case May Limit Future Attorney-Physician Protections
A Dallas trial court’s recent decision following new guidance from the Texas Supreme Court on protected information can provide invaluable guidance to attorneys on both sides of the aisle — as well as medical providers — in the pursuit of personal injury claims.