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John Council

John Council

Senior reporter John Council is a native Texan who covers litigation and appellate courts in his home state. Contact him at [email protected]. On Twitter: @john_council

June 21, 2010 | Texas Lawyer

Work on the High Seas Helped Judge Pay Law School Tuition Fees

Bob Wortham charted an impressive legal career before landing in Beaumont's 58th District Court. Since he grew up in the port city, it makes sense that a ship had something to do with him becoming a lawyer. After his first college degree, his friends and professors encouraged him to get a law degree, but he didn't have the cash for tuition. So the future judge looked to the sea for help.

By John Council

8 minute read

June 09, 2011 | Texas Lawyer

Eastern and Northern Districts of Texas to Participate in Patent Suit Pilot Program

The Administrative Office of the U.S. Courts has approved the Northern District of Texas and the Eastern District of Texas to participate in a pilot program that will funnel patent suits to specific judges inside their respective jurisdictions. Currently, federal patent suits are randomly assigned to a U.S. district judge who sits in the district where the suit is filed. But under the pilot program, a judge who gets such an assignment could decline to accept the case, and the suit then would be randomly assigned to a judge designated to hear patent suits in the same district. Congress authorized the program in H.R. 628, which President Barack Obama signed into law on Jan. 4.

By John Council

7 minute read

July 31, 2001 | Law.com

Rosenthal's Call

As Chuck Rosenthal prepares to make the highest-profile decision of his seven-month tenure as Harris County, Texas' district attorney, he's getting plenty of advice -- both solicited and unsolicited. Although the assistant DAs assigned to prosecute Andrea Yates, charged with drowning her five young children, will have a say in whether the office should press for the death penalty, the call is ultimately Rosenthal's.

By John Council

9 minute read

April 11, 2011 | Texas Lawyer

Appellate Lawyer of the Week: Invoking Arbitration

Any appellate win is important to the client. But one Corpus Christi lawyer's Texas Supreme Court victory also is a relief to his small firm: His law partner won't have to go to trial this week in Corpus Christi in a contract dispute they believe should be in arbitration. The high court's April 1 per curiam opinion involves disputes over arbitration clauses, one of the most commonly litigated aspects of residential housing contracts.

By John Council

3 minute read

March 13, 2006 | National Law Journal

Baker Botts Hosts 'Love Shack' for Clients

Who says Baker Botts is stuffy? Check out its latest client appreciation party, where the firm served up some Rock Lobster, featuring legendary band The B-52's, plus five open bars and chocolate pouring from three fondue fountains. "Each year as we've raised the energy level of the event, people ... have come back more and more enthused," says partner Jack Kinzie, who has been in charge of the parties for the past six years. Rave reviews aside, some firms say they'll stick to more sedate events.

By John Council

7 minute read

September 07, 1999 | Law.com

Shifting Out of Reverse?

While the all-Republican Texas Supreme Court is entering a new era of agreement in its opinions, an internal conflict still lingers among justices. In 1987, the court became a discretionary review court, allowing it to review cases it thinks are most important to the overall jurisprudence of the state. A decade later, new appellate rules were written. But some justices are still inclined to engage in correcting the errors of lower courts, even when the impact on the law is insignificant.

By John Council and Susan Borreson

11 minute read

December 21, 2009 | Texas Lawyer

High Court: Duty to Indemnify Not Dependent on Duty to Defend

In the world of insurance law, it stands to reason that if there is no duty for an insurance company to defend an insured, there is probably no duty to indemnify the insured. But that's not so, according to a recent Texas Supreme Court decision. Robert Gilbreath (pictured) represents a construction company that sued its insurance carrier.

By John Council

6 minute read

May 02, 2008 | Law.com

Grand Jury Indicts Wife of Texas Supreme Court Justice

A second Harris County grand jury indicted the wife of Texas Supreme Court Justice David Medina on three felony counts of arson yesterday but did not indict the jurist, according to a Harris County assistant district attorney.

By John Council

4 minute read

May 28, 2007 | Texas Lawyer

5th Circuit Affirms Dismissal of Trustee's Suit Against Newspaper

The 5th U.S. Circuit Court of Appeals recently affirmed the dismissal of an invasion of privacy suit filed by the bankruptcy trustee for the estate of married lawyers Ted H. and Mary Roberts against the San Antonio Express-News. Broadus Spivey (pictured) represents the trustee in Lowe v. Hearst Communications Inc.

By John Council

8 minute read

March 31, 2003 | Texas Lawyer

A Taxing Rival

Bills pending in the Legislature could break the near monopoly some lawyers have on collecting tax debts for local governments. Two bills, H.B. 1951 and S.B. 1267, would allow nonlawyers to perform the lucrative delinquent tax collection function by permitting taxing agencies to contract with "an attorney or other person."

By John Council

6 minute read