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Denton, TX 76205

940.387.0404

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You are here: Home / Archives for Loser Pays

Texas Appellate Courts are More Likely to Reverse Plaintiff’s Judgments

May 2, 2012 By admin Leave a Comment

gavel

The Dallas Morning News reports that a soon-to-be-released study shows Texas Appellate Courts reverse judgments for plaintiffs with alarming regularity, and at a dramatically higher rate than judgments for defendants: “The study, conducted by two appellate lawyers at Haynes and Boone, found the Texas appellate judges have an overall reversal rate of 49 percent when they review cases that the plaintiff won in the trial court and the defendant appealed. But those same judges reversed only 25 percent of the cases in which the defendant prevailed at trial and the plaintiff appealed. The Texas … [Read more...]

Filed Under: Articles of Interest, Bar Related Tagged With: Appeal, Appellate Court, Attorney, Denton, Injury, Insurance, Judgment, Lawsuit, liability, Litigation, Loser Pays, Medical Malpractice, Personal Injury, Texas

The New “Loser Pays”

February 14, 2012 By admin Leave a Comment

A lot of my friends have asked me about the new “loser pays” law and how I expect it to affect litigation in Texas.  For years, Texas and most other states followed the so-called, “American Rule” whereby litigants pay their own attorneys’ fees.  There were exceptions, such as certain statutory provisions that allowed recovery of attorneys fees in breach of contract, declaratory judgments, and other types of lawsuits.  The new law is a departure from our historical approach, and represents a Texas version of the “English Rule,” allowing the prevailing party to recoup attorneys’ fees and … [Read more...]

Filed Under: Bar Related, From the Firm Tagged With: Appellate Court, Attorney, Attorney’s Fees, Contract, Denton, Fees, Insurance, Judgment, Lawsuit, Lawyers, Litigation, Loser Pays, Personal Injury, Recovery, Settlement Offer, Texas

5th Circuit to Decide If Judge Correctly Appointed Receiver

July 25, 2011 By admin Leave a Comment

From The Texas Lawyer, July 25, 2011 Can a federal judge put what he calls a "vexatious litigant" into receivership after the litigant allegedly fails to pay hundreds of thousands of dollars in fees to more than 20 lawyers and law firms? That is one of the questions the 5th U.S. Circuit Court of Appeals is considering in an appeal brought by a businessman and his company. On May 28, 2009, Netsphere filed its original complaint in Netsphere, et al. v. Jeffrey Baron and Ondova Limited Co. in the U.S. District Court for the Northern District of Texas. Netsphere sued Baron and his company, … [Read more...]

Filed Under: Bar Related Tagged With: Attorney, Attorney’s Fees, Bankruptcy, Damages, Denton, Lawyers, liability, Litigation, Loser Pays, Personal Injury, Punitive Damages, Reciever, Recievership, Texas, vexatious litigant

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Articles of Interest

Honda Worldwide Recall of Sedans, Minivans, SUVs

By Deepa Seetharaman and Bernie Woodall of Reuters. Honda Motor Co Ltd plans to recall nearly 2 1/2 million vehicles: small SUVs, cars and minivans worldwide. This includes the popular Accord sedan. … [Read More…]

Hip Implant Complaints Increase, While Dangers Are Reviewed

By BARRY MEIER and JANET ROBERTS of the New York Times Published: August 22, 2011 The federal government has received a surge in complaints in recent months about failed hip replacements, suggesting … [Read More…]

Tragedy Brought on by Tainted Fruit

By Moni Basu, CNN William Beach was one of those people who fixated on certain foods. He would eat the same thing voraciously for a few days, and then, when he tired of the same tastes, he moved onto … [Read More…]

No Better Care, Thanks to Tort Reform

Published in The Texas Tribune by guest columnist, Charles M. Silver In 2006, Dr. Howard Marcus wrote that Texas’ 2003 tort reform statute sparked an “amazing turnaround” in which doctors came … [Read More…]

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Denton, TX 76205

phone: 940.387.0404
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