John Council

August 29, 2011 | Texas Lawyer

Expert testimony can make or break the likelihood a jury verdict will survive an appeal, especially when causation is disputed in a products liability case. But as recent opinions show, appellate courts can differ on when expert testimony is needed to prove causation — and when it isn't.

By John Council

6 minute read

July 13, 2009 | Texas Lawyer

Lots of lawyers practice on both sides of a docket to gain experience before they become a trial judge. But Mike Miller (pictured) saw both ends of criminal and civil law before putting on a robe. Miller is judge of the 11th District Court in Harris County. The last criminal-defense matter Miller handled was a death penalty case.

By John Council

8 minute read

May 21, 2007 | Texas Lawyer

When a lawyer is accused of mistreating a client, it usually winds up as a grievance filed with the State Bar of Texas. But in Edwin Carl Olsen IV's case, a complaint made to the Dallas County District Attorney's Office about his execution of a will for an elderly client resulted in a felony indictment against him last year.

By John Council

9 minute read

November 25, 2002 | Texas Lawyer

Dallas lawyers know what to expect from Dallas civil district judge Anne Ashby. She's unfailingly pleasant, fair and runs her court with a light touch -- rarely shutting down a lawyer's argument unless it's absolutely necessary. Ashby says she uses a "velvet glove" in the courtroom -- and can only recall sanctioning two lawyers during her 20 years on the bench.

By John Council

7 minute read

February 28, 2011 | Texas Lawyer

Even though Fort Worth trades on its cowboy heritage, good luck finding anyone in that metropolis who knows how to rope a calf. Yet if a stampede ever broke out downtown, one person who'd know what to do is a bespectacled judge who sits in the city's federal courthouse. He's U.S. District Judge Terry Means of the Northern District of Texas.

By John Council

12 minute read

May 15, 2006 | Texas Lawyer

Solos and small-firm lawyers who also serve in the Texas Legislature filed for most of the legislative continuances between 2003 and 2005, according to a recent study.

By John Council

9 minute read

December 07, 2005 | Corporate Counsel

In what several appellate lawyers believe is an ominous signal, the Texas Supreme Court last week heard oral argument in a rehearing of a dram shop decision the justices had handed down only 14 months earlier, which had affirmed a $35 million verdict. After three justices who voted in the majority on the 5-4 ruling left the court, the court voted to rehear the case. Some observers believe the rehearing indicates that the court may not be willing to abide by stare decisis.

By John Council

8 minute read

November 15, 2010 | Law.com

Last week, 44th District Court Judge Carlos Cortez amended his petition in a suit against attorney Coyt Randal "Randy" Johnston, eliminating an extortion claim against Johnston as well as allegations that Johnston and three of Cortez's fellow Dallas state district judges created rumors about Cortez so that a political opponent would run against him in the November 2010 election.

By John Council

5 minute read

June 16, 2004 | Law.com

While the Texas Supreme Court has yet to address the controversial issue, the 5th U.S. Circuit Court of Appeals heard arguments last week in a case that could determine whether insuring for punitive damages is against public policy in Texas. The case could impact workers' compensation insurance rates in the state and also determine whether insurance companies have a duty to defend cases in which gross negligence is alleged.

By John Council

7 minute read

June 21, 2010 | Texas Lawyer

In a case of first impression, the Texas Supreme Court has ruled that a plaintiff who successfully sues for sexual harassment under the Texas Commission on Human Rights Act cannot also recover damages for a common-law claim of negligent supervision and retention. Justice Don Willett (pictured) wrote the opinion in Waffle House v. Cathie Williams.

By John Council

6 minute read