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Relationship Between Judge, DA's Office at Issue in Recusal Motion
Texas Lawyer
Monday, November 23, 2009
A criminal defendant seeks to recuse 140th District Judge Jim Bob Darnell from his case based on his allegation that Darnell is beholden to the Lubbock County District Attorney's Office for the way it handled a case involving the judge's son, Jared.
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Appellate Award of $47,000 in Fees "Unreasonable," Supremes Say
Texas Lawyer
Monday, November 2, 2009
The Texas Supreme Court recently reversed an intermediate appellate court's award of attorney's fees equaling 70 percent of the total damages awarded in a suit over the breach of a lease agreement. The unanimous court issued its opinion Oct. 23 in Smith, et al. v. Patrick W.Y. Tam Trust.
Strasburger Disqualified After Legal Assistant Conflict Alleged
Texas Lawyer
Monday, November 2, 2009
Strasburger & Price was disqualified from representing a client in an insurance-coverage case after a party alleged that a Strasburger legal assistant had a conflict of interest. Strasburger's John Spiller (pictured) says it's unlikely he will ask for a rehearing on the disqualification ruling but he is weighing the possibility of pursuing a writ of mandamus.
Judge Recuses Himself, Citing Another Jurist's "Unsolicited Conversations"
Texas Lawyer
Tuesday, October 27, 2009
On Oct. 26, Judge Carlos Cortez of Dallas County's 44th District Court voluntarily recused himself from hearing a wrongful-termination suit after another jurist, who is a witness in the litigation, had an "unsolicited conversation" with him regarding matters in the case.
Suit Challenges Required Disclosures on For-Profits' Donation Bins
Texas Lawyer
Monday, October 26, 2009
A state statute that took effect Sept. 1 requires for-profit companies that collect used clothing and household goods in public bins to disclose on the bins that the donations will be sold for profit and what amount, if any, of the proceeds goes to charities. But two charitable organizations have challenged the constitutionality of the new law.
5th U.S. Circuit Court of Appeals to Interpret Departing-Lawyer Rule
Texas Lawyer
Monday, October 19, 2009
The 5th U.S. Circuit Court of Appeals heard arguments on Oct. 8 in a case that could affect every lawyer who leaves a law firm for other legal employment. The key question the court is considering in Kirk A. Kennedy and Mark A. D'Andrea v. Mindprint Inc. is this: Is there a rebuttable or irrebuttable presumption that an attorney had the confidences of all of the firm's clients when he left the firm?
