John Council

March 14, 2011 | Texas Lawyer

The dispute over funding the U.S. government is affecting the federal court system, and its first victims are lawyers who take criminal-defense appointments in U.S. district courts. Sidney Fitzwater (pictured), chief judge of the Northern District of Texas, says that the notices mean "that the courts do not have sufficient funds to pay the vouchers.

By John Council

4 minute read

December 13, 2010 | Texas Lawyer

The 5th U.S. Circuit Court of Appeals is allowing a civil rights suit filed by a physicians' association to go forward against the Texas Medical Board, reversing a lower court ruling that the doctors' group lacked standing. Chief Judge Edith Jones (pictured) wrote the panel's opinion. The case allows associations to pursue injunctive relief without members' individual participation in the litigation.

By John Council

5 minute read

June 15, 2001 | Law.com

Originally a member of Oklahoma City bomber Timothy McVeigh's trial defense team, Houston lawyer Christopher Tritico was called into action again in May when he was reappointed to assist in McVeigh's stay of execution request. The day after the execution, Tritico spoke with Texas Lawyer about representing McVeigh and his feelings about his client's appeal and requests for a stay.

By John Council

5 minute read

December 22, 1999 | Law.com

When Mike Caddell filed a suit five years ago against the federal government on behalf of the Branch Davidian survivors over the siege on the Mount Carmel, Texas compound, even his friends thought he was out of his mind. But after an investment of some $3.5 million in time and resources, Caddell's case caused what a previous criminal trial and congressional hearings couldn't -- a hole in the government's denials that they had no complicity in the massive loss of life at Waco.

By John Council

5 minute read

July 27, 2009 | Law.com

The 5th Circuit has determined how "projected disposable income" is to be calculated in Chapter 13 bankruptcies, an important ruling that could mean debtors pay more or less to their unsecured creditors in some instances. The case involves an issue of first impression in the 5th Circuit concerning a common problem in Chapter 13 bankruptcy proceedings: What happens when a debtor's level of disposable income changes during the 60-month payment plan period?

By John Council

8 minute read

August 24, 2009 | Texas Lawyer

A civil district courtroom is not a place usually associated with serious work-related injuries. If only that were true for Judge John Roach Jr. On June 27, Roach was performing a hostage drill with the Collin County Sheriff's Department and the McKinney Police Department when he was maimed in his 296th District courtroom in Collin County.

By John Council

9 minute read

November 16, 2004 | Law.com

The Texas Supreme Court heard arguments last week in a high-stakes dispute that pits insurance companies against the businesses that buy their policies. In an issue of first impression in the state, the opinion in the highly watched case will address who pays for punitive damages -- insurance companies that sometimes cover those costs in general liability policies or the tortfeasors who are supposed to be punished by those damages.

By John Council

8 minute read

August 02, 1999 | Law.com

Tensions are growing between some border prosecutors and the federal government. As the number of drug possession cases along the border increases, the Feds are referring more and more of those cases to state prosecutors, who are concerned about the financial drain on their counties -- so concerned that some border DAs soon may not take them anymore. One DA's main concern was that the Feds dumped dope cases on the state without regard to the cost to the counties.

By John Council

8 minute read

April 05, 2011 | Legaltech News

Judge Rick Magnis of the 283rd District Court of Dallas County, Texas, recently answered questions about the efforts to shift his court to a paperless case management system. A self-described "computer nerd," Magnis knows that no new system is perfect, but must be implemented correctly for success to be achieved.

By John Council

6 minute read

August 25, 2008 | Texas Lawyer

In an opinion that addresses how far the federal government should go in warning a party in a civil immigration proceeding about a related criminal investigation, the 5th U.S. Circuit Court of Appeals reversed the dismissal of a seven-count indictment against an infamous anti-Castro Cuban exile who allegedly has had a hand in several major events in modern Latin American history.

By John Council

10 minute read