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John Council

John Council

Senior reporter John Council is a native Texan who covers litigation and appellate courts in his home state. Contact him at [email protected]. On Twitter: @john_council

October 02, 2018 | Texas Lawyer

Texas Appeals Court Rules Attorney Did Not Waive Arbitration by Delaying Litigation With Ex-Clients

Dallas' Fifth Court of Appeals has reversed a decision denying arbitration to a lawyer in a lawsuit brought by two ex-clients who allege the attorney…

By John Council

4 minute read

October 01, 2018 | Texas Lawyer

Fifth Circuit Reverses Part of Lawyer's Sanction Because It Would Force His Return to Law School

“To do this, he would presumably need to take the LSAT, apply, and be admitted to a law school,” the Fifth Circuit wrote in a per curiam decision. “He would then likely need to suspend his law practice—12 hours of classes would almost make Luttrell a fulltime student.”

By John Council

2 minute read

September 28, 2018 | Texas Lawyer

Attempt to Recover Attorney Fees for Loss of Dogs Rebuffed by Appeals Court

In Palfreyman v. Gaconnet, Houston's Fourteenth Court of Appeals focused on § 38.001 (6) of the Texas Civil Practices & Remedies Code, an obscure law that allows people to recover attorney fees if their claim concerns “killed or injured stock.”

By John Council

4 minute read

September 28, 2018 | Texas Lawyer

Were San Antonio Lawyers Conflicted Out of Representing Convicted Judge?

On appeal the government argued that even if Angus McGinty's attorneys were constitutionally deficient, he waived his right to nonconflicted counsel.

By John Council

8 minute read

September 27, 2018 | Texas Lawyer

Excessive Force Claims Over Teen's Shooting Withstand Second Trip to Fifth Circuit

The U.S. Court of Appeals for the Fifth Circuit has declined for a second time to dismiss excessive force claims against two Sachse police officers accused of wrongfully shooting a teenage boy.

By John Council

4 minute read

September 26, 2018 | Texas Lawyer

Texas Supreme Court to Weigh Ethics of Lawyer's Role in Elderly Woman's Guardianship Case

The Texas Supreme Court will soon decide whether a lawyer should be disqualified from a contested guardianship case involving an 88-year-old woman because he helped his legal assistant get a $350,000 loan from the woman, wrote her will, and later helped his employee be appointed as her guardian.

By John Council

4 minute read

September 24, 2018 | Texas Lawyer

5th Circuit Tosses $2.3 Million Award to Former Inmate Over 'Brady' Violation

The decision involves the 2005 detention of George Alvarez, a 17-year-old special-education student who had been arrested by Brownsville police for public intoxication and burglary of a motor vehicle.

By John Council

6 minute read

September 21, 2018 | Texas Lawyer

Litigator of the Week: Houston Attorney Wins $44M Verdict in Refinery Accident Trial

Pretrial settlements in industrial accident cases can work against plaintiffs when it comes time to try a case before a jury, making it easier for the defense to shift blame to a party that has already left the litigation. That dynamic is what Houston lawyer Vuk Vujasinovic was up against recently as he convinced a Jefferson County jury to hit a Beaumont crane company with a $44 million verdict in a wrongful death case.

By John Council

4 minute read

September 17, 2018 | Texas Lawyer

Death Row Inmates Alleging Judge Was 'Impaired' at Trials Lose on Appeal

The U.S. Court of Appeals for the Fifth Circuit has turned down the appeals of two death row inmates who argued their convictions should be overturned because their trials were presided over by a disgraced former federal judge whom they allege was “impaired” during their proceedings.

By John Council

4 minute read

September 13, 2018 | Texas Lawyer

Dallas Attorney Kicked Off NRA Case for Failure to Disclose $177K Sanction

A Virginia federal judge has prevented prominent Dallas attorney William Brewer III from representing the NRA in a contract dispute with an insurance company after the lawyer failed to disclose to the court that he was sanctioned for ethical violations in Texas.

By John Council

4 minute read