John Council

February 01, 2010 | Corporate Counsel

While attempts to reopen federal product liability suits against Toyota Motor Sales U.S.A. have essentially stopped, a plaintiff is charging ahead in a similar Texas state court case.

By John Council

6 minute read

September 14, 2009 | Texas Lawyer

Is newer and bigger always better? That's a debate residents of a deep East Texas county hold to this day about their 1953 courthouse. Texas Lawyer asked readers to identify what they believe are some of the state's most unsightly courthouses. The most recent winner — or loser, as the case may be — is in the Panola County town of Carthage. [See a related video, linked from the story.]

By John Council

8 minute read

November 23, 2009 | Texas Lawyer

U.S. District Judge Gray Miller did his best to follow his father's advice on careers he should not pursue. So he set off on a professional quest that took him around the world on a ship, through the mean streets of Houston in a police patrol car, and in front of a television camera for a children's show before he ultimately wound up on the federal bench. .

By John Council

6 minute read

September 07, 2005 | Law.com

For years, it has been nearly impossible for in-house counsel at Texas companies to bring whistleblower suits against their employers, because companies could use the attorney-client privilege to prevent disclosure of important evidence in such litigation. But a recent 5th U.S. Circuit Court of Appeals decision, in a case more than 20 years old, changes all that. Some believe the ruling is empowering for corporate counsel, while others believe it will have a chilling effect on communication.

By John Council

6 minute read

November 20, 2006 | Texas Lawyer

The first thing that anyone notices about the Jeff Davis County Courthouse � besides the fact that it's the only courthouse in Texas surrounded by mountains � is the odd color on the top half of the building. The upper eaves and clock tower are painted an unusual dark blue-gray hue that contrasts sharply with the West Texas bright blue desert sky. That color is original to the 1910 courthouse, which was constructed from cast concrete and native stone and sits on Fort Davis' town square.

By John Council

7 minute read

November 11, 2002 | Texas Lawyer

The great divide over the federalization of violent crimes grew larger at the 5th U.S. Circuit Court of Appeals with the release of an evenly split en banc opinion affirming the conviction of a man sentenced to 97 years in prison for armed robbery. The man had argued that federal officials overstepped their bounds by using the Hobbs Act, a federal law aimed at criminals who interfere with interstate commerce, to prosecute him.

By John Council

6 minute read

August 30, 2010 | Texas Lawyer

There's a common reaction among lawyers who arrive at the Nacogdoches County Courthouse for the first time: "Is this really the courthouse?" That's because the 1958 structure sitting at the corner of Main and South streets looks like a place where an attorney might check in for the night rather than try a suit. It's an easy mistake to make: The squat tan brick building features a low-slung roof and a long porch often associated with a 1950's motor court, instead of the hand-cut stone and spiraling clock towers found in classic Texas courthouses.

By John Council

9 minute read

February 10, 2003 | Law.com

Last week, President Bush nominated longtime U.S. District Judge Edward Prado of San Antonio, Texas, to the 5th U.S. Circuit Court of Appeals, a choice several lawyers believe will receive much less flak in the Senate confirmation process than Bush's two previous choices for the court, Texas Supreme Court Justice Priscilla Owen and U.S. District Judge Charles Pickering of Mississippi, who met with strong opposition from the left.

By John Council

4 minute read

May 23, 2008 | Law.com

In a mandamus case that could significantly alter one of the hottest federal civil dockets in Texas, the full 5th Circuit heard arguments on Thursday over whether a trial judge's discretion should be limited when a party moves to transfer venue. The case could stem the tide of product liability suits filed in the Eastern District of Texas, where the judges are known for moving such disputes in an efficient manner and the juries have a reputation -- rightly or wrongly -- for being pro-plaintiff.

By John Council

11 minute read

February 16, 2004 | Texas Lawyer

As Lydia Grotti tries to scrape together a living as an employee of a Midland convenience store, little remains of her previous career as a doctor except a mountain of litigation that involves nearly every major type of law practiced in Texas. It's the criminal indictment Grotti faces that has her lawyers most concerned. A Tarrant County grand jury indicted Grotti for the murder of one of her patients.

By John Council

12 minute read