Actually, a pair of them, showcased at Above the Law.
Posts Tagged ‘Texas’
On the streets of Laredo
There’s plenty of accident-chasing, barratry and “runner” use, per the presenters at one seminar [LareDOS]
Winkler County nurses trial, cont’d
Orac has plenty of interesting reporting and coverage here, here, and here (earlier). Update: Not guilty.
“Man Sues for Extra Time on LSAT, Claiming ADHD”
“A prospective law school student who alleges he has a disability filed a suit in U.S. District Court in the Western District of Texas, seeking a court order to force the Law School Admissions Council to provide him with accommodations under the Americans with Disabilities Act for the Law School Admissions Test.” [Texas Lawyer via ABA Journal]
Texas prosecutor charges nurses for reporting doctor
Two Winkler County nurses filed accusations of problematic practices against Doctor Rolando G. Arafiles Jr. before the Texas Medical Board in April; a prosecutor who was friends with the doctor has now charged the two with a felony, “misuse of official information.” Local and national nursing associations have protested and established a legal defense fund. (Kevin Sack, “Nurse to Stand Trial for Reporting Doctor”, New York Times, Feb. 6; KFDA (undated)). It’s possible that the nurses made false accusations maliciously, but that seems something that could be handled through civil suits and then only after the Texas Medical Board adjudicated the complaints. Such overreaching by doctors could backfire, as it would give credence to the proposition that medical malpractice lawsuits are a necessary check to incompetent doctors.
UT hassling Longhorn users
IP lawyers for the University of Texas are busy creatures, according to Eric Johnson:
A couple years ago, they sued an outfit making t-shirts, sold to fans of rival Texas A&M, that depicted a broken Longhorns logo with the taunt, “Saw ’em off.” (Fellow UT alum Siva Vaidhyanathan’s take is here.)
And I remember when I was going to school at UT, in the early 1990s, the university was hassling local business with “Longhorn” in their names. Since then, UT has been very aggressive about trademark issues.
Yet all this activity has not really been as much of a profit center as you might think: the cost of running the IP program, Johnson calculates, may eat up something on the order of half the $800,000 in annual royalties brought in (via Ron Coleman).
“Texas woman beaten by son must cover legal costs”
Teresa Fuller says her 15-year-old son was arrested 20 times for physically abusing her, and that she suffered concussions and other injuries. “Because she’s the boy’s only legal guardian, she is now responsible for his legal bills and court costs. She said because her total wages fall just above the poverty level, her son didn’t qualify for a public defender or an appointed attorney.” More bad news from her from the county attorney’s office: “Fuller does not qualify for a protective order against her son because the only person who can be held responsible for abiding by the order is the son’s parent or legal guardian.” [El Paso Times via ABA Journal]
Slightly related update: Hans Bader writes to say that the Virginia proposal putting parents on the financial hook for support of children up to age 23 attending college has been stricken from the House docket, probably dooming its chances in this session. See Dave Briggman, Richmond Sunlight.
“Ask Your Lawyer If He Carries Malpractice Insurance; You May be Surprised”
Physician-blogger Musings of a Dinosaur has some thoughts on the issue. More states are requiring lawyers to inform clients whether they carry liability insurance, according to the ABA Journal. Texas is one state where many lawyers are tenaciously trying to head off such a rule: “according to a February 2008 survey of attorneys conducted by the State Bar, 48 percent of the 6,160 attorneys who completed the survey do not have professional liability coverage.” [Texas Lawyer, White Coat]
“Perjury For Filing A Writ Of Habeas Corpus?”
Texas, KXAN: “A Liberty Hill man faces life in prison for aggravated perjury charges after claiming he was innocent following a plea bargain with the Williamson County District Attorney’s Office.” He’s now been found guilty. Jamie Spencer at Austin Criminal Defense Lawyer scents a prosecutorial grasp for advantage.
Also on the topic of plea bargains, Scott Greenfield has some thoughts on the coerciveness of the process.
Houston: Hoeffner trial in fifth week
“Houston lawyer Warren Todd Hoeffner is accused of paying $3 million in cash, BMWs, trips, even spa treatments and ‘gentleman’s entertainment’” in a scheme to obtain $34 million in settlements in silicosis litigation. Things began to unravel when Hartford Insurance, which had cut settlements on behalf of a number of defendants, noticed the arrival of a check for $6,000 from Hoeffner to one of its former claims personnel. Hoeffner’s lawyers are arguing that the insurance company employees extorted money and goods from their client by threatening not to approve fair settlements otherwise. [Houston Chronicle, Southeast Texas Record]