October 25, 2024 | Texas Lawyer
Texas Supreme Court Lets Drunk Drivers Take the Fifth After Drinking a Fifth"Although the Fifth Amendment privilege against self-incrimination is not absolute, the Texas Supreme Court found it trumps the discovery needs of civil litigants, even if the privilege effectively bars a civil action from proceeding forward," according to Quentin Brogdon of Crain Brogdon.
By Quentin Brogdon
7 minute read
October 09, 2024 | Texas Lawyer
Trials and Errors in Personal Injury Trial Law"If James Carville had been a personal injury trial lawyer, he no doubt would have told us, 'It's the client, stupid,'" according to Quentin Brogdon of Crain Brogdon.
By Quentin Brogdon
8 minute read
August 13, 2024 | Texas Lawyer
Demonstrative Evidence: Seeing Really Is Believing"Jurors' brains process visual images 60,000 times faster than text, and jurors have a faster, stronger emotional reaction to visuals than words, alone. Visuals cause emotional reactions in jurors that increase information retention and motivate jurors to act," according to Quentin Brogdon of Crain Brogdon.
By Quentin Brogdon
6 minute read
March 15, 2024 | Texas Lawyer
New Rule 702 Raises Hurdles for Experts in Federal Court"An amendment to Federal Rule of Evidence 702 no doubt will raise the hurdles to be cleared by experts in the eyes of some federal judges, but the Committee Note accompanying the amendment should provide some comfort to the proponents of expert testimony," according to Quentin Brogdon of Crain Brogdon.
By Quentin Brogdon
7 minute read
January 02, 2024 | Texas Lawyer
Brogdon: When Is Social Media Evidence Admissible?The first hurdle to be cleared is relevance. The second hurdle is the authentication hurdle, but the authentication hurdle is not as high as many lawyers seem to believe.
By Quentin Brogdon
9 minute read
November 20, 2023 | Texas Lawyer
Brogdon: Alas, Poor Civility! I Knew It WellMust we stand idly by as we lament civility's death, or is there something we can do to revive civility as it gasps its last breaths?
By Quentin Brogdon
8 minute read
September 18, 2023 | Texas Lawyer
Gregory v. Chohan: More Questions Than Answers on Mental Anguish DamagesWe will need further opinions from the Texas Supreme Court to clarify where we now stand.
By Quentin Brogdon
9 minute read
July 21, 2023 | Texas Lawyer
But Did They Ratify It? Determining Employer Liability For an Employee's ActsAn employer's continued retention of an employee after wrongdoing is not conclusive evidence of the employer's ratification of the employee's bad acts, but it is one of the factors a jury may consider.
By Quentin Brogdon
8 minute read
June 02, 2023 | Texas Lawyer
Non-Lawyer Ownership of Law Firms—Coming Soon?The concern about the proliferation of non-lawyer ownership of law firms is not a theoretical one. The largest U.S. accounting firms already practice law in just about every country that allows it.
By Quentin Brogdon
8 minute read
April 11, 2023 | Texas Lawyer
'Snap Removal' No Longer a Snap in Fifth CircuitSnap removals will be allowed in the Fifth Circuit unless Congress eliminates them, but In re Levy clarifies they will not be the snap many defendants presumed in the wake of Texas Brine v. American Arbitration Association.
By Quentin Brogdon
7 minute read
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