John Council

March 15, 2001 | Law.com

After a costly three-year fight, no one came out an obvious winner: neither the judge who alleged he was libeled in a television broadcast accusing him of "hardly working," nor the reporter who maintained the accuracy of her work. Dallas County Judge Robert Francis settled his libel suit against Angela Hale and Gaylord Broadcasting four days before jury selection was to begin.

By John Council

7 minute read

June 13, 2011 | Texas Lawyer

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. Jerry Selinger says the pilot program will be good for judges and patent attorneys in the Northern District.

By John Council

7 minute read

February 20, 2004 | Law.com

On March 2, the Fifth Circuit U.S. Court of Appeals will hear arguments in McCorvey v. Hill, a case that pits the original plaintiff in Roe v. Wade against the Dallas district attorney over the right to obtain a legal abortion. Since the 1973 opinion, Norma McCorvey -- the plaintiff better known as Jane Roe -- has changed her views on abortion. Last year, she filed a motion in U.S. District Court in Dallas requesting that Roe v. Wade, the landmark case legalizing abortion, be reversed.

By John Council

5 minute read

March 07, 2005 | Law.com

When the U.S. Supreme Court dropped its latest capital punishment bomb, which forbids the execution of juvenile offenders, it hit Texas harder than any other state. The opinion affects 70 death row inmates -- 28 of those in Texas. Texas prosecutors, defense attorneys and legal scholars alike believe Simmons, together with Atkins v. Virginia which forbade states from executing mentally retarded inmates, signals that the high court may eventually do away with the death penalty.

By Tony Mauro and John Council

12 minute read

July 12, 2002 | Texas Lawyer

For Johnny Paul Penry and other criminal defendants like him, Atkins v. Virginia presents a potential life-saving ruling and a statutory quandary - the blockbuster U.S. Supreme Court decision bans executions of the mentally retarded yet provides little guidance on how juries are to consider that issue.

By JOHN COUNCIL

9 minute read

January 22, 2007 | Texas Lawyer

A Pflugerville woman has sued former Harris County Court-at-Law No. 2 Judge Gary Michael Block alleging he made inappropriate sexual advances toward her in his chambers. The plaintiff is represented by Sadiyah Evangelista (pictured).

By John Council

5 minute read

July 04, 2011 | Texas Lawyer

Usually when a plaintiff loses a worker's compensation claim before an administrative hearing officer, the litigation is over. That would have been the case for Terrica Barnes if not for the work of her lawyer. He convinced Houston's 1st Court of Appeals that Barnes' wrongful-death suit alleging gross negligence was not barred by res judicata and collateral estoppel, even though a Texas Department of Insurance Division of Workers' Compensation (DWC) hearing officer already had denied her worker's comp claim.

By John Council

4 minute read

December 23, 2002 | Texas Lawyer

Medical malpractice damage caps are the bane of Texas plaintiffs lawyers. No matter how strong their cases are, the caps will usually chop their state jury awards significantly. But Dallas lawyers Melvin Wolovits and Mark Werbner have found a way around that in cases involving hospitals. And their strategy is getting quite a bit of attention because on Dec. 3 they successfully had $10 million restored to a wrongful-death verdict against an Irving hospital.

By John Council

5 minute read

August 16, 2004 | Texas Lawyer

The use and frequency of nonjury weeks varies by jurisdiction across Texas. And whether nonjury weeks hinder a court's case management efficiency is a matter of opinion. Some judges believe nonjury weeks help move cases by facilitating pleas; others think they delay the time it takes a court to hear trial-worthy cases.

By John Council

12 minute read

April 01, 2003 | Law.com

While tort reform legislation pulsing through the Texas Legislature makes some plaintiffs' lawyers feel as if they have huge targets painted on their backs, they aren't the only attorneys lawmakers are taking a shot at. Other pending bills could break the near monopoly some lawyers have on collecting tax debts for local governments.

By John Council

6 minute read