Overlawyered » Texas http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 11:28:52 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 “Wrongful-Death Suit Filed Against Criminal Defendant’s Parents, Grandmother” http://overlawyered.com/2012/01/wrongful-death-suit-filed-against-criminal-defendants-parents-grandmother/ http://overlawyered.com/2012/01/wrongful-death-suit-filed-against-criminal-defendants-parents-grandmother/#comments Mon, 23 Jan 2012 14:30:16 +0000 Walter Olson http://overlawyered.com/?p=27036 “While lawyer Scott Marshall has pleaded guilty to a murder charge, his victim’s mother has filed an unusual wrongful-death suit against not only him but his parents and his 92-year-old grandmother.” [Texas Lawyer]

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]]> http://overlawyered.com/2012/01/wrongful-death-suit-filed-against-criminal-defendants-parents-grandmother/feed/ 4 January 18 roundup http://overlawyered.com/2012/01/january-18-roundup-4/ http://overlawyered.com/2012/01/january-18-roundup-4/#comments Wed, 18 Jan 2012 05:11:45 +0000 Walter Olson http://overlawyered.com/?p=26848
  • A federal fishing raid, the Pew Charitable Trusts and a biased Business Week account [Nils Stolpe on Gloucester, Mass. fisheries, via Stoll]
  • Intimidating the judiciary? “Group Opposing Citizens United Pushes ‘Occupy the Courts’ Protest” Jan. 20 [Debra Cassens Weiss, ABA Journal] Mob rallies at Michigan governor’s private home [Meegan Holland, MLive] “Occupy” forces Gingrich to cancel event [Daily Caller] Earlier here, here, here, etc.
  • “Paper Airplane? Late for School? Shouting Too Loud? You’re Under Arrest!” [Free-Range Kids, Texas]
  • Spielberg in “Raiders of the Lost Ark” paid homage to earlier movie sequences without sweating permissions. Oh, for those days [Joho] “Cultural gems that should be in the public domain today” [Atlantic Wire, Tabarrok]
  • UPS settlement exaggerates benefits to class members [Ted Frank; related, CCAF] “Federal Judges Have Harsh Words, Rulings for Class Action Plaintiffs’ Lawyers” [Lammi/WLF]
  • “Justice Breyer Calls Recusal Controversy a ‘Non-Issue’” [ABA Journal]
  • “Add Plaintiff-Lawyer Fees To The Cost Of Most Mergers” [Daniel Fisher, Forbes on Cornerstone Research report]
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    ]]>     http://overlawyered.com/2012/01/january-18-roundup-4/feed/ 1     January 15 roundup http://overlawyered.com/2012/01/january-15-roundup-3/ http://overlawyered.com/2012/01/january-15-roundup-3/#comments Sun, 15 Jan 2012 16:09:19 +0000 Walter Olson http://overlawyered.com/?p=26857
  • Self-referent notice required by law on Florida vending machines might baffle onlooker [Popehat] More from Lowering the Bar: “Please Report Me If I Am Missing. Thank You.”
  • Bryan Walsh at Time magazine happily spun by Chevron/Ecuador plaintiffs. Not so Roger Parloff at sister magazine Fortune;
  • Doubts re: foster mom’s conviction following youngster’s salt-poisoning death [Texas Monthly via Ted Frank; controversy over science behind "shaken-baby" cases] Charges against parents to move forward in Utah “co-sleeping” death case [ABA Journal]
  • In Philadelphia shooting case, lawsuits like bullets fly in every direction [Above the Law]
  • More on constitutionality of Obama recess appointments [Todd Gaziano/Heritage "Foundry", Mickey Kaus, Mike McConnell via Adler and more, earlier]
  • New site design at my old blog Point of Law;
  • Podcast: Prof. Mike McConnell on Hosanna-Tabor [Fed Soc, earlier] More: Bader. And shorter David Sessions/Daily Beast: since SCOTUS unanimously rejected Obama position on church liberty, critics were wrong to get so alarmed about that position. Makes sense to him…
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    ]]>     http://overlawyered.com/2012/01/january-15-roundup-3/feed/ 1     Texas: “Dog Owners Can Recover Sentimental-Value Damages for Loss of Pet” http://overlawyered.com/2011/11/texas-dog-owners-can-recover-sentimental-value-damages-for-loss-of-pet/ http://overlawyered.com/2011/11/texas-dog-owners-can-recover-sentimental-value-damages-for-loss-of-pet/#comments Wed, 16 Nov 2011 15:26:17 +0000 Walter Olson http://overlawyered.com/?p=25680 A veterinarian-dreaded development: “Fort Worth’s 2nd Court of Appeals has ruled that value can be attached to the love of a dog, overruling a 120-year-old case in which the Texas Supreme Court held that plaintiffs can only recover for the market value of their pets.” [Texas Lawyer, earlier]

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    ]]>     http://overlawyered.com/2011/11/texas-dog-owners-can-recover-sentimental-value-damages-for-loss-of-pet/feed/ 10     Texas deadline suit-filing, cont’d http://overlawyered.com/2011/11/texas-deadline-suit-filing-contd/ http://overlawyered.com/2011/11/texas-deadline-suit-filing-contd/#comments Mon, 07 Nov 2011 15:38:17 +0000 Walter Olson http://overlawyered.com/?p=25529 After we passed along a recent report that Beaumont, Texas lawyers had filed 59 lawsuits the day before the state’s new “loser-pays” package of litigation reforms was to take effect, Texas attorney Brooks Schuelke responded on Twitter as follows (re-formatted and edited for clarity), saying that the issue wasn’t the loser-pays provision, but a separate “responsible third party” provision that set a malpractice trap for lawyers that delayed: “The responsible third party provisions allowed a defendant to name a party, and then plaintiff could join them even if the statute of limitations had expired. The law was changed to remove the ability to sue regardless of the statute of limitations. But defendant can’t name a party not disclosed in discovery. The amendment means we have to file suit long before the statute of limitations expires to send discovery asking defendant to name who it might name. So many cases nearing the statute of limitations had to be filed before the effective date of the change or else they could be victim to the amendment.”

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    ]]>     http://overlawyered.com/2011/11/texas-deadline-suit-filing-contd/feed/ 1     Grudge bait for Austin neighbors? http://overlawyered.com/2011/11/grudge-bait-for-austin-neighbors/ http://overlawyered.com/2011/11/grudge-bait-for-austin-neighbors/#comments Sun, 06 Nov 2011 14:08:22 +0000 Walter Olson http://overlawyered.com/?p=25517 The Texas capital considers letting residents issue parking tickets to other drivers by way of an iPhone app [The Newspaper]

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    ]]>     http://overlawyered.com/2011/11/grudge-bait-for-austin-neighbors/feed/ 12     “Day before ‘Loser Pays’ launches, Beaumont lawyers file 59 lawsuits” http://overlawyered.com/2011/11/day-before-loser-pays-launches-beaumont-lawyers-file-59-lawsuits/ http://overlawyered.com/2011/11/day-before-loser-pays-launches-beaumont-lawyers-file-59-lawsuits/#comments Thu, 03 Nov 2011 10:36:02 +0000 Walter Olson http://overlawyered.com/?p=25486 I’m on record as noting that the Texas bill labeled as “loser pays” doesn’t do nearly as much to revamp litigation incentives as its name implies, but if lawyers rushed to beat the deadlines on its provisions, they must be expecting it to make at least some difference. [Chamber-affiliated Southeast Texas Record]

    More: Texas attorney Brooks Schuelke offers a different explanation for the last-minute rush.

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    ]]>     http://overlawyered.com/2011/11/day-before-loser-pays-launches-beaumont-lawyers-file-59-lawsuits/feed/ 1     “Loser-pays” reform in Texas http://overlawyered.com/2011/09/loser-pays-reform-in-texas/ http://overlawyered.com/2011/09/loser-pays-reform-in-texas/#comments Thu, 29 Sep 2011 16:42:09 +0000 Walter Olson http://overlawyered.com/?p=24843 It’s a welcome development, but as I told Reuters, by the time it got through the legislative process there was less there than the name had promised. More at Cato. [Reuters link keeps changing, fixed for the moment]

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    ]]>     http://overlawyered.com/2011/09/loser-pays-reform-in-texas/feed/ 0     September 12 roundup http://overlawyered.com/2011/09/september-12-roundup/ http://overlawyered.com/2011/09/september-12-roundup/#comments Mon, 12 Sep 2011 12:37:28 +0000 Walter Olson http://overlawyered.com/?p=24482
  • Ninth Circuit: Holland America cruise line not responsible for customer’s swimming mishap at Mexican beach [Metropolitan News-Enterprise]
  • “President Perry would mean high noon for trial lawyers” [Kurt Schlichter, Washington Examiner; Politico; Prof. Bainbridge ("If the trial lawyers hate Rick Perry, maybe I should reconsider him")] Christie praises Perry’s “laudable” record on liability reform [PolitickerNJ] “Perry’s ‘loser pays’ is an economic winner” [Patrick Gleason and Jason Russell, Washington Times; Mass Tort Prof; background] Missing the point on the Texas med-mal experience [Coyote, earlier here, here, etc.] A bad sign: Gov. Perry reaches out to Maricopa County sheriff Joe Arpaio [NRO, background] Another: courting social conservative vote, he pledges interference in state marriage law Houston Chronicle.
  • Alan Lange and Tom Dawson discuss their Dickie Scruggs book [Above the Law, background]
  • Hospital pays $25M to settle lawsuit charging lack of Katrina preparedness [White Coat]
  • Democratic majority on CPSC plans to ram through burdensome CPSIA testing and certification rule next month [Commissioner Nancy Nord, more]
  • For matching willing buyers with sellers through Canadian pharmacy ads, Google agrees to pay fine of $500 million, a forfeiture geared to the revenue the pharmacies (not it) took in from the ads [Atlantic Wire, Chris Fountain]
  • “Woman Won’t Have to Pay for Her Own Cavity Search” [Lowering the Bar]
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    ]]>     http://overlawyered.com/2011/09/september-12-roundup/feed/ 3     A celebrated $32 million Vioxx case… http://overlawyered.com/2011/09/a-celebrated-32-million-vioxx-case/ http://overlawyered.com/2011/09/a-celebrated-32-million-vioxx-case/#comments Sat, 03 Sep 2011 17:58:21 +0000 Walter Olson http://overlawyered.com/?p=24420 …Garza v. Merck, ends with a whimper as the Texas Supreme Court unanimously throws it out. Ted has more at PoL.

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