January 24, 2005 | Texas Lawyer
Commentary: Factual-Sufficiency Review by the Supreme CourtThe Texas Supreme Court is willing to engage in a factual-sufficiency review of the amount of mental-anguish damages, even in a case in which a lower appellate court found that the evidence supports the award. Incredibly, the court�s radical factual-sufficiency usurpation in the area of mental-anguish damages has gone largely unchallenged.
By Quentin Brogdon
6 minute read
August 19, 2011 | The Legal Intelligencer
Overcoming the Fear Factor in Adverse Expert Cross-ExaminationAll trial lawyers experience a degree of fear and trepidation when facing the prospect of cross-examining the sophisticated adverse expert — the head of surgery for a hospital, the author of an authoritative textbook or an airline's chief pilot, for example.
By Quentin Brogdon
6 minute read
June 06, 2011 | Texas Lawyer
Think Strategy in a Post-H.B. 274 WorldOn May 30, Gov. Rick Perry signed into law a new omnibus civil justice bill, H.B. 274. Not since the debate over H.B. 4 in 2003 has a set of proposed changes stirred as much heated public debate. The dust has just begun to settle on the new law, but it's not too early for plaintiffs and defense lawyers to begin thinking about new tactical strategies in a post-H.B. 274 world.
By Quentin Brogdon
7 minute read
November 29, 2004 | Texas Lawyer
The New Good SamaritansEmergency medical care is one of the many areas in which House Bill 4, the massive tort reform bill the Texas Legislature passed in 2003, raised the hurdle medical-malpractice plaintiffs in Texas must clear. Probably in no other area is H.B. 4's new statutory language as ambiguous and clumsy. Fortunately, attorneys can resolve most of the ambiguities by carefully studying the relevant legislative history, but appellate courts will need to resolve other ambiguities in coming years.
By Quentin Brogdon
9 minute read