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Fired Up: Changes Sought for Texas Forensic Science Commission
Williamson County DA John Bradley, new head of a commission at the center of a political firestorm, will recommend ways to improve the panel's operations at a Senate committee hearing Nov. 10. The controversy ignited when Gov. Rick Perry abruptly replaced two commission members two days before they were to review an arson expert's report in the case of Cameron Todd Willingham.
SPONSOR SPOTLIGHT
Doing business in and through Ireland?
Leading Irish law firm Matheson Ormsby Prentice, outlines why Ireland is a Jurisdiction of Choice for Intellectual Property Exploitation and Corporate Headquarters. Learn how Ireland is often used as a structuring platform or gateway jurisdiction by international corporate entities in the second of this 3 part series on Ireland which will be available on October 13th 12:30 PM ET. Click to register.
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Disciplinary Report: Dallas County Lawyer Suspended, Two Others on Probation
The State Bar of Texas has announced that a Dallas County lawyer has been suspended from the practice of law for six months and placed on probation for 18 months. He also was ordered to pay $2,550 in attorneys' fees and expenses to the State Bar. In separate actions, the Bar also announced two other lawyers were placed on probation.
In-Housers Discuss Risks of Landing in the Hot Seat
In-house lawyers at the Association of Corporate Counsel (ACC) annual meeting in Boston recently conferred on ways to combat the rising number of suits and government investigations faced by their ranks. In-house counsel are facing suits from many directions, said Kirk Raslowsky, associate general counsel of the Chubb & Son division of Federal Insurance Co. and a panelist in the malpractice risks seminar.
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| 5TH U.S. CIRCUIT COURT OF APPEALS |
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CRIMINAL PRACTICE
Handley v. Chapman
(5th Cir. 10/29/2009)
The court declines to follow Arrington v. Daniels, which in-validated the Federal Bureau of Prisons' (BOP) categorical exclusions for early-release eligibility in 28 C.F.R. §550.58(a)(1)(vi)(B). In the present case, public safety was the contemporaneous rationale for the BOP's policy. 5th Circuit Court of Appeals, No. 09-10061, 10-29-2009
SPONSOR SPOTLIGHT
LegalTech New York 2010
LegalTech New York 2010 - Brings you the best of the best in the Legal technology industry. Visit the exhibit hall and learn the latest in technological advances. Once more you will be brought face-to-face with industry experts as they share their knowledge during the educational track sessions. Don't miss this premier networking event that keep you at the forefront in this ever evolving changing industry.
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CIVIL PRACTICE
Jebaco Inc v. Harrah's Operating Co Inc.
(5th Cir. 10/30/2009)
Given the vast procedural errors that occurred here, such as the failure to allege antitrust standing or the fatal failure to file a cross-appeal, the motion is dismissed for lack of jurisdiction. 5th Circuit Court of Appeals, No. 08-30289, 10-30-2009
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INSURANCE LAW; TORTS
Chrysler Insurance Co. v. Greenspoint Dodge of Houston, Inc.
(Tex. 10/30/2009)
The insurance policy at issue excludes coverage for defamatory statements an insured knew to be false, and the insurance company refused coverage on the basis of this exclusion. A corporation's knowledge, however, is not limited to what its officers know, but may include other employees' knowledge, if those employees are corporate vice-principals. Texas Supreme Court, No. 08-0780, 10-30-2009
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CONTRACTS
Beverly Foundation v. Lynch
(Tex.App. Dist.7 10/30/2009)
The record falls short of creating a material issue of fact on the question of whether appellee entered a joint venture with appellant, agreed to assume the duties and obligations of the venture, or had any other kind of fiduciary relationship with appellant. And, unless there was an agreement, there could be no breach of it or fiduciary duties emanating from it. Amarillo Court of Appeals, No. 07-08-0387-CV, 10-30-2009
CIVIL PRACTICE
Castro v. McNabb
(Tex.App. Dist.8 10/28/2009)
Texas Civil Practice & Remedies Code §101.106 forces a plaintiff to make an irrevocable election at the time suit is filed between suing the governmental unit under the Tort Claims Act or proceeding against the employee alone. It thus narrows the issues for trial and reduces delay and duplicative litigation costs. El Paso Court of Appeals, No. 08-07-00074-CV, 10-28-2009
TORTS
In re Exmark Manufacturing. Co., Inc.
(Tex.App. Dist.13 10/30/2009)
Discovery in a strict product liability case is not uniformly limited to the specific product at issue. The discovery order at issue here was reasonably tailored to the relevant product defect and was not impermissibly overbroad. Corpus Christi Court of Appeals, No. 13-09-00438-CV, 10-30-2009
WORKERS COMPENSATION
Texas Builders Insurance Co. v. Molder
(Tex.App. Dist.8 10/30/2009)
A medical examination requested under Texas Labor Code §408.0041(a) must be performed by the next available doctor on the Division's list of designated doctors whose credentials are appropriate for the issue in question. The Workers' Compensation Appeals Panel has held that a second doctor is appropriate only in those cases where the first designated doctor is unable or unwilling to comply with the required AMA Guides or requests from the Commission for clarification. El Paso Court of Appeals, No. 08-07-00200-CV, 10-30-2009
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