John Council

April 12, 2010 | Texas Lawyer

The 5th U.S. Circuit Court of Appeals heard arguments on April 6 in an employment discrimination appeal in which a former Dallas County assistant district attorney alleges DA Craig Watkins fired him on the basis of his race. Rick Jackson, who is white, alleges he was wrongly fired by then-new DA Watkins — the first black district attorney in Texas — and replaced by a less-experienced black attorney.

By John Council

5 minute read

May 25, 2009 | Texas Lawyer

Six years after its passage, a key part of the H.B. 4 omnibus tort reform law still sparks battles between plaintiffs and defense lawyers. The constant legal fight over the provision — intended to make medical-malpractice litigation more efficient — has become so costly for parties that it's time for lawyers on both sides to sit down and agree on suggestions for changing the law, some attorneys say.

By John Council

8 minute read

November 04, 2010 | The Legal Intelligencer

Judge Carlos Cortez has filed a defamation and extortion suit against Dallas attorney Coyt Randal "Randy" Johnston alleging that Johnston and three of Cortez's fellow state district judges created rumors about Cortez to attract a political opponent against him.

By John Council

5 minute read

September 07, 2005 | Law.com

For years, it has been nearly impossible for in-house counsel at Texas companies to bring whistleblower suits against their employers, because companies could use the attorney-client privilege to prevent disclosure of important evidence in such litigation. But a recent 5th U.S. Circuit Court of Appeals decision, in a case more than 20 years old, changes all that. Some believe the ruling is empowering for corporate counsel, while others believe it will have a chilling effect on communication.

By John Council

6 minute read

May 04, 2009 | Texas Lawyer

Every Monday night, Judge Lora Livingston leaves behind the world of Rule 202 hearings at the Travis County Courthouse for the wonder of picking up the confounding 7-10 split. For the past 20 years, the judge has been using Monday night bowling as a transition back into the workweek.

By John Council

7 minute read

October 07, 2005 | Law.com

Last week the Texas Supreme Court heard arguments in a case addressing insurers' use of staff counsel and so-called "captive law firms" -- insurance company-employed lawyers -- to defend Texas policyholders against suits. Numerous large insurance companies in Texas use captive firms, employing about 175 lawyers, according to one attorney's estimate. The attorneys who argued the case in the Supreme Court were all pleased by the court's level of debate, but not surprisingly, predicted different outcomes.

By John Council

7 minute read

June 14, 2004 | Texas Lawyer

While the Texas Supreme Court has yet to address the controversial issue, on June 9 the 5th U.S. Circuit Court of Appeals heard arguments in a case that could determine whether insuring for punitive damages is against public policy in Texas.

By John Council

8 minute read

October 22, 2007 | National Law Journal

When a claim of patent infringement is a necessary element of a legal malpractice suit, those suits should be tried in federal court, the Federal Circuit has ruled in a case of first impression. The appeals court upheld a ruling that denied a request by Akin Gump and a Corpus Christi, Texas-based firm to remand a malpractice suit to state court. The opinion may lead to all sorts of legal malpractice suits being filed or tried in federal courts instead of state courts.

By Brenda Sapino Jeffreys and John Council

12 minute read

December 20, 2002 | Texas Lawyer

By John Council

4 minute read

March 27, 2007 | National Law Journal

Last week, the all-Republican Texas Supreme Court heard oral arguments in an atypical appeal that involves a company owned by Bob Perry, one of Texas' largest GOP campaign contributors and most outspoken tort-reform advocates. Tort reformers usually like arbitration, but in this case the defendants appealed because they want their day in court. Defense attorney Geoffrey Bracken urged the court to create a workable rule to determine when a plaintiff has waived his arbitration right.

By Mary Alice Robbins and John Council

5 minute read