The Vanishing Civil Jury Trial and Why You Should Care

This month an excellent article by Robert T. Eglet appeared in the official publication of the American Board of Trial Advocates. Mr. Eglet researched the statistical facts regarding the frequency of civil jury trials in the United States. The facts are surprising and alarming.This month an excellent article by Robert T. Eglet appeared in the official publication […]

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The Never Ending Assault on Your Legal Rights

On October 2nd, 2017, the U.S. Supreme Court heard arguments in 3 cases having to do with the enforceability of employment contracts which contain clauses mandating that all employment disputes be settled by arbitration and forbidding employees from joining together in class action cases. Obviously, businesses use these contracts as a part of a strategy […]

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The Statute of Limitations in Medical Malpractice Cases in Texas

In Texas, as a result of changes in the law that occurred in 2003, the statute of limitations in medical negligence cases is a strict 2 years which begins to run from the date of the negligence, not the date you realize you are injured or the date you realize a healthcare provider=s negligence caused […]

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Be Wary of Flood-Damaged Cars

Hundreds of thousands of cars were damaged by our recent hurricane and floods. Insurance companies are processing claims and, in many cases, declaring the cars to be “totaled”. When this happens, insurance companies take possession of the cars and their titles. Obviously, insurance companies want to recoup as much of their loss as they can. This […]

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News on Driverless Cars

Sometimes the news cycle has a way of juxtaposing stories in such a way that interesting questions are raised.   On 9/13/17, the National Transportation Safety Board issued its report on the 2016 fatal crash involving a 40 year old man driving a Tesla car that was being operated by its experimental Autopilot system. The […]

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The Texas Legislature is Never Too Busy to Help Insurance Companies

  The Texas Legislature just spent an entire regular session and one special session focused on such “emergency” measures as where transgender people can pee. They intentionally did nothing about school finance reform, property taxes, chemical security and safety, environmental degradation, water policy, and a whole host of other complex and urgent problems. Having ignored […]

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Mandatory Arbitration – “It Just Ain’t Right.”

On August 22, 2017, the New York Times published an editorial by Richard Cordray, Director of the Consumer Financial Protection Bureau. This federal agency was created during the Obama administration. Its mission is to combat the abuses of the financial industry that began to come to light during the financial crisis of 2008. The financial […]

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If All Else Fails – Blame the Lawyers

On 8/24/17 it was reported in most major newspapers that Harvard University researchers had issued a peer-reviewed article in the Journal of Environmental Research Letters which concluded that Exxon Mobil had spent the last 40 years misleading the public concerning its own concerns about man-made global warming. The researchers are not climate scientists. Rather, they […]

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Another Baby Powder Verdict

This past week another jury, this time in California, found that Johnson & Johnson baby powder was responsible for causing a lady’s ovarian cancer. The verdict was for $417 million dollars. This verdict follows a Missouri verdict for $110 million dollars and two other Missouri verdicts for $55 million dollars and $72 million dollars. The […]

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Who is an Ideal Juror?

The New York Times recently ran an interesting story about what seems to be a trend of lawyers selecting jurors who know nothing at all about the facts of a case or the issues in dispute. One could argue that this leads to juries being comprised of uninformed and ignorant jurors. On the other hand, […]

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Medication Errors

The FDA estimates that medication errors cause at least one death every day and injure about 1.3 million people annually in the U.S.  Adverse drug events cause around 700,000 emergency room visits and about 100,000 hospitalizations every year. It is estimated that nearly 5% of hospitalized patients will be harmed by medication errors.  Medication errors cause […]

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Another Voice on Medicaid Cuts

Ron Payne is the chairman of the Texas Health Care Association board of directors. He also characterizes himself as a lifelong conservative Republican. On 6/16/17, Mr. Payne wrote an editorial piece for the Houston Chronicle concerning the failure of the Texas Legislature to provide adequate Medicaid funding for Texas nursing homes. According to Mr. Payne, […]

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Beware of Lawyer Scammers

One of our clients in a personal injury case recently received two letters from lawyers in Dallas offering to “help” resolve a hospital lien that had been filed here in Brazos County by St. Joseph Regional Medical Center. According to the letter, the lawyers were contacting our client because they had reviewed Brazos County’s hospital […]

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Science And The Seventh Amendment

The newspapers reported on May 8, 2017, that a St. Louis jury returned a multi-million dollar verdict against Johnson & Johnson involving baby powder. The product is made from the mineral talc and is used by some for feminine hygiene. The plaintiff in the St. Louis case alleged and the jury found that product caused […]

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Drug Safety and the FDA

  Donald Trump has nominated and the Senate has confirmed (57 to 42) Scott Gottlieb to head the Food & Drug Administration (FDA). Gottlieb is a physician, an aggressive investor (venture capitalist) in health-care companies, has worked for many years as a consultant and advisor to big drug companies, and is a former deputy FDA […]

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The Long Lasting Trump Effect

  It has always been my belief that timing is important and, in some situations, it can be everything. That is nowhere more true than in respect to the coming judicial appointments of Donald Trump. At present, there are 120 judicial vacancies to fill in the federal judicial system. Furthermore, there is a need to […]

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The Justice Gap

 The Justice Gap It is customary for the Chief Justice of the Texas Supreme Court to give a State of the Judiciary address to the Texas Legislature. Chief Justice Nathan Hecht delivered his address on 2/1/17. Chief Justice Hecht made mention of the need for the civil justice system to be accessible for all. He […]

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Juror Bias

The Texas law is clear that one who has a bias or prejudice in favor of or against a party in the case is disqualified to serve as a juror. This seems only fair and comports with our sense of justice. However, the latest scientific research proves beyond any doubt that “all of us have […]

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