Texas Civil Trial Blog

Dive into the alarming trend of ‘nuclear verdicts’ sweeping through Texas courts, with staggering financial implications for businesses, particularly in the trucking industry. Explore the factors driving these massive awards and discover proactive strategies to mitigate litigation risk and safeguard corporate interests. Gain invaluable insights into navigating the evolving legal landscape and protecting your bottom line.

Explore the insidious influence of cognitive bias in the legal realm and its profound impact on decision-making processes. From the OJ Simpson trial to jury selection and expert testimony, uncover how these biases shape outcomes and learn effective strategies to mitigate their effects. Dive into our latest blog for invaluable insights into fostering fairness and justice in the legal system.

Recent developments in Texas case law and the Texas Pattern Jury Charges have reshaped the treatment of seatbelt nonuse in personal injury cases. Formerly viewed as a failure to mitigate damages, seatbelt nonuse is now recognized as pre-occurrence negligence, impacting fault allocation. Admissibility of seatbelt evidence depends on its relevance to injuries, determined by the trial court, often necessitating expert testimony. The Romero decision provides guidance on constructing jury charges, distinguishing between violations of seatbelt laws and general negligence. Notably, even children, exempt from statutory responsibility, may be held to age-appropriate standards. Moreover, fault may extend to individuals failing to ensure seatbelt use, including parents and third parties. This shift aims to promote safer behavior while ensuring fairness and accountability in assigning liability for accident-related injuries.

The Texas Disciplinary Rules of Professional Conduct describe a lawyer’s duty to “zealously assert the client’s position” and to “zealously pursue the client’s interests” both “within the bounds of the law.”[1] Reference to the duty of zealous representation, however,...

This summer, the Texas Supreme Court handed down its decision in Gregory v. Chohan, addressing how non-economic damages should and should not be proven in order to survive factual and legal sufficiency challenges. Part one of this series will address what not to do...

In recent years, savvy Plaintiff attorneys have employed a variety of tactics to weaponize corporate representative depositions and increase case value. One such tactic from savvy Plaintiff attorneys has been sending overly broad—and sometimes outright abusive—topic...