Why Homebuilders Should Not be Liable for Defective Component Products

Good article by Kathryn Breard Platt, a Director at the Firm.

GJTBS

Mikal Watts Quits BP Oil Spill Litigation Steering Committee

Several media outlets reporting that Mikal Watts has left the steering committee amid reports of a federal investigation into his plaintiff client list:

Trial Lawyer Watch

Texans for Lawsuit Reform

Corpus Christie Caller Times

Not sure on the specifics of this matter, but I have worked against Mr. Watts in the past.  he is a good lawyer and seemingly a good man. We will see how this turns out.

More bragging for the firm and I

Galloway, Johnson, Tompkins, Burr & Smith (GJTBS) attorneys Kelly Hartmann and Amanda Kurz recently obtained a dismissal under the Texas Medical Liability Act’s expert report requirement.  For more information click on the article below:

http://gjtbs.com/mediacenter/?p=1803

FSMB's new policy guidelines on social media

The Federation of State Medical Boards (FSMB) House of Delegates adopted new policy guidelines on the appropriate use of social media and social networking sites by physicians during the FSMB’s 2012 Annual Meeting in Fort Worth, Texas, on April 28.  The FSMB's news release can be found here:

News Release

The policy guidelines can be found here:

Model Policy Guidelines for the Appropriate Use of Social Media and Social Networking in Medical Practice

Texas Bill To Allow Privacy Suits Over 'Smart' Utility Meters

On Monday a Texas lawmaker filed a bill that would give consumers opposed to smart meters the right to sue utilities for invasion of privacy over any data theft or misuse that results from using the device.

A smart meter is usually an electrical meter that records consumption of electric energy in intervals of an hour or less and communicates that information at least daily back to the utility for monitoring and billing purposes. Smart meters enable two-way communication between the meter and the central system. Unlike home energy monitors, smart meters can gather data for remote reporting.

Privacy concerns over smart meters generally focus on the collection of detailed energy data from customers, the accessibility of that data through the utility and possibly, at the site of the meter as well as the potential for sharing of this energy data without the knowledge or desire of customers.

Texas Speedy Trial Rule Shafts Defendants, Groups Say

Interesting article by Jeremy Heallen on the new "Speedy Trial" rule here in Texas:

Law360, Houston (February 04, 2013, 4:35 PM ET) -- A national defense bar advocacy group on Thursday said a new procedural rule recently adopted by the Texas Supreme Court designed to streamline clogged court dockets will give an unfair advantage to plaintiffs by limiting defendants’ ability to present their cases.

In a letter to the high court, Defense Research Institute President Mary Massaron Ross argued that the “well-intentioned but flawed” Texas Rule of Civil Procedure 169 would speed up the trial process but give defendants less time to develop and argue counterclaims.

“[A]n expedited trial is a noble undertaking but only if that process places both parties on an equal footing and provides for the exercise of fundamental principles established for jury trials,” Ross said in a statement Thursday. “The process must be equitable and free from advantages to one of the parties.”

Adopted by the Texas Supreme Court in November, rule 169 restricts discovery and places a 10-hour time limit — from jury selection to closing arguments — on trials involving a plaintiff’s claim for $100,000 or less. The rule excludes from the “amount in controversy” calculus any sums being sought by a defendant’s counterclaim.

DRI says a party asserting a counterclaim of $1 million, for example, nevertheless would be forced into an expedited trial with limited time and discovery to present a full case — a result Ross claims is unfair.

“DRI supports expedited jury trials as a way of holding the line on costs and making the administration of justice more timely and efficient,” Ross’ statement said. “What we cannot support is efficiency at the expense of justice and fairness. We urge the Texas Supreme Court to reconsider its position.”

The high court adopted the measure in response to state legislation passed in 2011 requiring the court to create rules that promote the “prompt, efficient, and cost-effective resolution of civil actions.” The rule does not apply to actions brought under the family, property or tax codes or to medical malpractice cases.

Although the rule grants trial judges the discretion to move cases from the expedited procedure on a “showing of good cause” by any party, DRI said the rule provides for no appellate review of a decision to grant or deny a request to remove the case from the fast track.

DRI is not alone in its opposition to the rule. Supporters of the original 2011 legislation, the Texas Association of Defense Counsel Inc., said Thursday it also opposes Rule 169, noting that nearly all other jurisdictions that have implemented an expedited actions system have made such systems voluntary rather than compulsory.

“To develop a procedure which compels a defendant into a trial process where little discovery is permitted and only five hours per side is given to the defendants to complete voir dire, opening, direct examination, cross examination and closing based solely upon the amount in controversy is unfair, unjust and amounts to a denial of a fair opportunity for a defense,” TADC President Dan K. Worthington said in a statement Thursday.

Rule 169 is among several adopted or modified by the court to meet the Legislature’s demand. In November, the court also adopted Rule 91a, which provides a procedural mechanism for parties to seek dismissal of claims that lack any basis “in law or fact” before pretrial discovery is complete. DRI said Thursday its objection was focused only on Rule 169.

Both rules take effect March 1.

--Editing by Richard McVay

More Bragging

GJTBS is proud to announce that Todd LaDouceur has been elected a shareholder of the Firm, and Adraon Greene, Kelly Hartmann, Anthony Sullivan, Jason Wilson, Ben Grau, Cherrell Simms, Cheri Chestnut, and Scott Mueller have been promoted to directors of the Firm.

TX Medical Board Suspends 21 Licensees Involved in Pill Mill

Interesting article from EmployerBrief.com about seventeen physicians and four physician assistants involved in the illegal operation of pain clinics.  They were all suspended or restricted by the Texas Medical Board and Texas Physician Assistant Board December 3-14, 2012, during two weeks of back-to-back disciplinary hearings.


Texas Medical Board Suspends or Restricts 21 Licensees in Pain Clinic Crackdown

New Proposal for Expedited Actions in Texas

Good article by Dan Worthington at Atlas Hall & Rodriguez L.L.P. in McAllen, Texas on House Bill 274, which directed the Texas Supreme Court to adopt proposed rules for dismissals and expedited actions.

Supreme Court Proposes Rules for Expedited Actions and Dismissals

Ruling on NLRB Appointments

An interesting article on the D.C. Circuit Court of Appeals invalidation of the appointments of three members of the National Labor Relations Board and the impact of the ruling.



NLRB Appointments are "Constitutionally Invalid"

Houston Still Growing in this Economy

Noble Energy Inc. on Friday became the latest energy company to get in on Houston's commercial real estate boom, saying it is planning to develop a 456,000-square-foot office tower to complement a pair of 10-story buildings it leased last year.

Law360

10 Rainmaker Principles to Live By

Below are "10 Rainmaker Principles to Live By" from the people at Rain Group (www.RainGroup.com).  I really like a few of them and hope to live by them going forward.

1. Play to win-win. Rainmakers respect, and always try to satisfy, the best interests of prospects and customers (the win-win part), as well as their own. They are extremely dedicated to becoming top performers (the play-to-win part), exhibiting the hustle, passion and intensity it takes to achieve what only the elite achieve.

2. Live by goals. Rainmakers are goal-setting and goal-following fanatics. Goals are part of their daily rituals.

3. Take action. Rainmakers realize that goals without action don’t get you very far. While other people intend to take action and do more, rainmakers do it.

4. Think buying first, selling second. Rainmakers map their selling processes to the processes and psychology of buying.

5. Be a fluent expert. Rainmakers are masters of market knowledge, client needs, their products and services, their value, their competition, and everything else they need to know to succeed at selling. Rainmakers might not be technical experts in every area, but they know what they need to know to sell.

6. Create new conversations every day. Rainmakers always feed the front of their pipelines and improve their pipeline quality. They never coast, and rarely a day goes by when they don’t speak to customers, prospects, and referral sources with the intent to source new business.

7. Lead masterful rainmaking conversations. Rainmakers lead masterful sales conversations, from prospecting to needs discovery to closing to account management.

8. Set the agenda; be a change agent. Rainmakers recommend, advise, and assist. They are change agents who are not afraid to push when it’s in the best interest of the customer.

9. Be brave. It takes courage to rise to the occasion when selling. Rainmakers not only conquer their fears, they seek actively to win the most fruitful sales opportunities no matter how difficult the challenges may be.

10. Assess yourself, get feedback and improve continuously. Rainmakers are never afraid to learn the cold, hard truth about themselves. They take what they discover—the good and the bad— to learn, grow, and change for the better. They never stop this cycle.