Rohrmoos Requires Proof of Reasonableness in Sanctions Awards

In my last blog, I discussed the Texas Supreme Court’s decision in Rohrmoos Venture, et. al. v. UTSW DVA Healthcare, LLP clarifying the proper method for proving up attorney’s fees under the lodestar method using the eight factors from Arthur Andersen v. Perry Equipment Corporation, 945 S.W. 2d 812 (Tex. 1997) to calculate the base […]

Be A SEAL

I recently prepared a presentation for a group of lawyers on a case I had concluded representing a retired Navy SEAL, and—was trying to think of what value it might have to them other than just hearing a war story. I came up with two objectives for myself. First: My wish for them—and for every […]

Lawyers Beware: When Your Contract Finding May Bar Your Quantum Meruit Recovery

Lawyers frequently plead and litigate breach-of-contract cases on alternate claims for breach and for quantum meruit. Often, they submit questions on both claims to the jury. And there may be good reasons to do so. But lawyers (and their clients) should be mindful of the circumstances under which the jury’s findings on the contract claim […]

Unmasking Anonymous Speakers: The First Amendment and Anonymous Texting

Our firm recently served as counsel in a multi-state case over what has become known as “unmasking” litigation. This type of litigation arises when a person receives anonymous and harassing text messages. These messages usually are sent through commercial “masking” services. When the victim seeks to subpoena records from the masking provider to discover the […]

Bernie: The True Story of an East Texas Murder

Skip Hollandsworth just can’t admit that Bernie Tiede conned him the same way he conned almost everyone else. Texas Monthly recently released a video of Hollandsworth discussing the Tiede story. In it, he continues to describe the story much as he has since first writing about it 20 years ago. And this time around, maybe […]

The Definitive Standard for Proving Up Attorneys’ Fees in State Court

On April 26, 2019, the Texas Supreme Court issued its opinion in Rohrmoos Venture, et. al. v. UTSW DVA Healthcare, LLP, which clarifies the proper standard for proving up attorneys’ fees in court is the lodestar method using the eight factors from Arthur Andersen v. Perry Equipment Corporation, 945 S.W. 2d 812 (Tex. 1997) to […]

The Rights of Nursing Mothers

Texas mothers share a common concern after the joy and excitement of welcoming a new baby: What happens when they return to work after maternity leave? For nursing mothers, another concern is when and how they will be able to pump breast milk at work. While a woman in Texas may breastfeed her baby anywhere […]

So, is that an “Extortion Demand” or are you Just Glad to See me?

In 2001, attorney Mary Roberts had sex with four men after discovering the affair of her husband, attorney Ted Roberts. The couple reconciled and Mr. Roberts sent demand letters to the four men—a lawyer, an accountant, and two chief financial officers—threatening to file petitions for rule 202 depositions about their sex with his wife.  Or, […]

Attorneys Beware: What You Don’t Reveal On Your Application For Malpractice Insurance Can Leave You Bare!

In a decision with important implications for all attorneys seeking malpractice insurance, the Fifth Circuit recently held that a law firm’s failure to disclose even a potential claim can void coverage. The case is Imperium Insurance Company v. Shelton & Associates, 749 Fed. App’x 214 (5th Cir. 2018). In 2013, a Mississippi law firm applied […]