John Council

January 25, 2010 | Texas Lawyer

Judge John Chupp's interest in sports provided him a lot of things — namely a college education. What it did not provide him was a lot of free time to enjoy the university lifestyle. The former University of North Texas football player now is judge of Fort Worth's 141st District Court. "I think my upbringing in sports created a work ethic. I'm grateful I got to do that because it gave me a great work ethic."

By John Council

5 minute read

June 02, 2006 | Law.com

A defense attorney is trying to vacate an arbitration award in Dallas, on the grounds that the judge had a migraine headache.

By John Council

10 minute read

May 29, 2006 | Texas Lawyer

Some trial lawyers see a growing dissatisfaction with resolving litigation through arbitration. Frequently, parties dissatisfied with the arbitrator's decision are willing to take the difficult and expensive step of contesting an arbitration award.

By John Council

10 minute read

October 08, 2007 | Texas Lawyer

In August, the Law Offices of Windle Turley felt the sting of a $1.4 million verdict � the result of the Dallas plaintiffs firm attempting to recover a contingent fee from a former client. But on Oct. 2, Judge Len Wade of the 141st District Court in Tarrant County soothed that wound by erasing the damages portion of the verdict.

By John Council

5 minute read

April 20, 2011 | Texas Lawyer

In a 6-2 decision, the U.S. Supreme Court today affirmed a 5th U.S. Circuit Court of Appeals ruling that the state of Texas did not waive immunity from a prisoner's religious freedom suit seeking monetary damages because it accepts federal funding. Former Texas Solicitor General James Ho argued the case at the high court on behalf of the state when he was at the Texas Office of the Attorney General.

By John Council

4 minute read

June 21, 2002 | Texas Lawyer

Dusting off a penal code provision that applies specifically to lawyers, Hidalgo County prosecutors recently won a rare conviction against Corpus Christi attorney Eugene X. Mercier for conspiracy to commit barratry. On June 14, that conviction garnered Mercier a two-year state jail sentence probated for five years from Judge Mario Ramirez of Edinburg`s 332nd District Court. Several prosecutors say barratry cases rarely are brought against lawyers because they`re difficult to prove, as evidenced when the

By JOHN COUNCIL

7 minute read

March 28, 2005 | Texas Lawyer

In the wake of the March 11 Atlanta courthouse shootings, when court officials across the country are re-examining courtroom safety, three Texas Lawyer reporters visited courtrooms in three different state courthouses to get a sense of how secure they are.

By John Council, Mary Alice Robbins and Brenda Sapino Jeffreys

18 minute read

August 21, 2007 | Law.com

Insurance disputes have occupied much of the Texas Supreme Court's time of late, and the 5th Circuit likely has just added to that caseload. The circuit sent the state high court two certified questions that need to be decided in a construction-defect case with potentially far-reaching implications. If the Supreme Court accepts the case, it must decide what triggers an insurance company's duty to cover a damage claim that occurred during the policy period but was discovered years after the policy ended.

By John Council

9 minute read

June 14, 2004 | Texas Lawyer

The State Bar recognizes winners of the Pro Bono Award.

By John Council

5 minute read

November 14, 2006 | Law.com

Dealing a blow to third-party plaintiffs who file dram shop suits against alcohol retailers, the Texas Supreme Court has reversed a decision it made two years earlier. The court in F.F.P. Operating Partners v. Duenez affirmed a $35 million judgment against a liquor store in 2004, but reheard the case after three justices from the majority left the bench. Some plaintiffs lawyers say the new decision guts the Texas Dram Shop Act and protects alcohol retailers from liability to innocent third parties.

By John Council

8 minute read