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Legal-Mal Plaintiffs Can Recoup Fees Paid to Fix Lawyers' Mistakes
The Texas Supreme Court ruled on Oct. 30 that a legal-malpractice plaintiff can recover as damages the money it paid to fix a firm's negligence. But the opinion is not a complete win for the plaintiff because it lost the majority of its damages claims against Akin Gump Strauss Hauer & Feld.
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Decision of the Day
United States v. Menchaca-Castruita
(5th Cir. 10/29/2009)
In the present case, the police officer had no articulable reason to believe that someone else might be inside the residence posing a threat to the officer or the bystanders, or that any evidence was at risk of destruction or removal. The mere presence of illegal drugs and weapons does not justify a protective sweep. Dallas Court of Appeals, No. 08-40403, 10-29-2009
Special Publications From Texas Lawyer
Stories from the Law.com Newswire
- Leading Firms in London Consider Using Contract Lawyers
Legal Week
- Despite Gains, Gender Parity in Partnerships Is a Long Way Off
New York Law Journal
- Cleary Announces Bonuses in Line With Cravath
New York Law Journal
- Legal Consultant Criticizes ACC's Law Firm Rating Index
The National Law Journal
- Chief Justice Takes to the Mound on Supreme Court Baseball Cards
The National Law Journal
Blogs
- Tex Parte Blog
- Fashion Fridays: How to bring old favorites back to life.
- First and Second Amendments: ACLU representing students who seek to protest ban on concealed weapons.
- A friend remembers: Lawyer says he and O'Quinn were supposed to be on flight together to see client.
- Firm windup, charity: O'Quinn's will has been filed for probate.
- Lawyering up: Family of employee killed in wreck with O'Quinn hires counsel.
- Contributions: Several firms are among sponsors of a new nonprofit news site.
- When tragedy struck: Now we know what O'Quinn was doing that fateful day.
- See the Full Blog >>
- Work Matters
- Always ask: Three questions to help resolve ethics issues.
- Independent contractors: Economic dependence could nix that status.
- Sexual orientation is critical: Same-sex sexual harassment decision makes this a threshold issue.
- Smart incentives: Shed the rose-colored glasses and face reality.
- Not a shield: Delegating hiring to an independent contractor doesn't let employers off the hook for discrimination.
- Privilege, schmivilege: Another whistle-blower worry for employers.
- See the Full Blog >>
Videos and Photos
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TL Podcasts
- Thoughts in the Wake of the Letterman Scandal, Labor and Employment Law, by Michael Maslanka
- Evaluating Apologies in the Workplace, Labor and Employment Law, by Michael Maslanka
- Work Lessons Matters From the Beer Summit, Labor and Employment Law, by Michael Maslanka
- See the Full List of Podcasts >>
Survey Participation
- 2009 Managing Partners Survey: If you are a managing partner or a partner-in-charge of one of your firm’s Texas offices, Texas Lawyer is interested in your opinions about law firm leadership.
- Wanted: Ugly Texas Courthouses: Texas is known for its wonderful and inspiring courthouses. But, let's face it, some of them are downright ugly. Take the Culberson County Courthouse in far West Texas — it looks like a Pizza Hut. Texas Lawyer senior reporter John Council wants to know what you think is the Lone State State’s ugliest courthouse. E-mail jcouncil@alm.com with your tips and opinions.
- I Like Being a Lawyer: Billable hours. Demanding bosses and clients. Student loans. A lack of civility. We all know the cons of being a lawyer, but what are the pros? Tell us the top five reasons you like being a lawyer.
