John Council

August 31, 2009 | Law.com

When a federal multidistrict litigation court makes a pretrial ruling in a suit, there usually is little -- if anything -- a U.S. district judge can do except abide by that decision; to do otherwise would frustrate the goals of multidistrict litigation. But in In Re: Ford Motor Co. and Bridgestone/Firestone North American Tire, a case of first impression, the 5th U.S. Circuit Court of Appeals ruled that U.S. district judges do not need to abide by MDL court orders in some circumstances.

By John Council

6 minute read

May 26, 2003 | Texas Lawyer

Incumbent justices on Texas' 14 intermediate appellate courts across the state took 72 percent of their campaign money from lawyers and firms to help keep themselves in office, according to a yearlong study by a watchdog group.

By John Council and Kelly Pedone

8 minute read

October 19, 2009 | Texas Lawyer

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?

By John Council

8 minute read

December 01, 2008 | Legaltech News

Socha-Gelbmann's vendor ranking system is changing, in part, because ratings don't give the specifics law firms need to make purchasing decisions. To help better vet vendors, a panel of experts answers: "What are the five questions to ask of vendors before signing the contract?"

By Miriam Rozen, Mary Alice Robbins and John Council

2 minute read

July 09, 2009 | Law.com

Former U.S. Attorney General Alberto Gonzales, who becomes a visiting professor at Texas Tech University on Aug. 1, says he is "open" to the idea of "going back to a big-firm job" at some point but is concerned he would lose flexibility if he took a partner-level job. Gonzales was a transactional lawyer at Vinson & Elkins when then-Texas Gov. George W. Bush hired him to be GC for the governor's office. Gonzales says a special prosecutor's investigation into the 2006 dismissals of U.S. Attorneys has hampered his job search.

By John Council

3 minute read

October 01, 2002 | Law.com

Provost & Umphrey has dismissed its own appeal of a case after the 5th U.S. Circuit Court of Appeals issued a rare and stinging memorandum concerning some of the Beaumont, Texas, firm's lawyers for allegedly submitting appellate briefs containing a "substantial number of outright falsehoods, determinative omissions, ... and specious arguments." The case involved a consent decree in an employment discrimination action.

By John Council

8 minute read

April 10, 2007 | The Legal Intelligencer

Sometimes, timing is everything. And that may be the case for Sonnenschein Nath & Rosenthal, which has announced that it will open a Dallas branch with U.S. Attorney Matt Orwig as the new office's managing partner.

By John Council ALM

5 minute read

November 09, 2009 | Texas Lawyer

A federal prisoner convicted of capital murder and sentenced to death for killing another inmate has filed a motion for new trial after a U.S. district judge made an unusual decision to dismiss a juror during deliberations. But the defense and prosecution disagree over what happened during those deliberations. The prosecution has until Dec. 5 to file a response the motion for new trial.

By John Council

7 minute read

May 14, 2007 | Texas Lawyer

After more than four years of acrimonious litigation that included three trials in front of three different civil and criminal court judges, issues stemming from a physical confrontation at a bar were finally resolved on May 3, when a civil jury awarded $3 million in damages against a Dallas lawyer.

By John Council

8 minute read

October 02, 2000 | Law.com

In 1999, the 5th U.S. Circuit Court of Appeals issued a controversial decision declaring the qui tam provision of the False Claims Act unconstitutional. Nurse Joyce Riley alleged her hospital defrauded Medicare, but lost in front of the 5th Circuit. She has returned, armed with a U.S. Supreme Court opinion her lawyers say favors her position, but the panel seems reluctant to back off one of its hottest opinions.

By John Council

7 minute read