DALLAS – All lawyers with trial and appellate firm Johnston Tobey Baruch have been selected to the 2021 Texas Super Lawyers list, with shareholders Chad Baruch and Randy Johnston earning special honors by the peer-review guide to leading lawyers. Mr. Baruch, an appellate specialist, made the Super Lawyers list of Top 100 attorneys in the […]
Few lawyers remember much about the political-question doctrine beyond what they learned during their first year of law school. On the rare occasions that the doctrine is litigated, it usually occurs in a federal court rather than the state-court system. But in a rare exception to the mine run of cases involving the political-question doctrine, […]
JTB appellate partner, Chad Baruch, won a reversal of a defendant’s summary judgment in the Fifth Circuit last week. The case involved the widow of the Dallas physician. In a federal lawsuit, the widow alleges that her deceased husband’s practice-management company failed to pay the invoice on a life-insurance policy, resulting in its lapse. She […]
Section 18.001 of the Texas Civil Practice and Remedies Code allows a claimant to submit to the jury the issue of the reasonableness of medical expenses without the need for an expert by filing a statutorily compliant affidavit. The defendant may avoid this abbreviated procedure by filing a statutorily compliant counter-affidavit. Three questions arose under […]
Randy Johnston, Robert Tobey and Chad Baruch Receive Honor DALLAS – All three name partners at Dallas law firm Johnston Tobey Baruch – Randy Johnston, Robert Tobey and Chad Baruch – have been named to the list of the Best Lawyers in Dallas 2021 by D Magazine. Mr. Johnston and Mr. Tobey are honored in […]
The first decision is in re Dawson, 550 S.W.3d 625 (Tex. 2018) (orig. proceeding). The plaintiff sued a restaurant when one of its televisions fell off the wall and landed on her. In its interrogatory answers, the restaurant identified the person who installed the television. But in its initial disclosures, the restaurant did not identify […]
The Texas Family Code requires a trial court to interview a child who is 12 years of age or older upon request of any party to determine the child’s wishes concerning conservatorship. Tex. Fam. Code § 153.009(a). And on the motion of any party, “the court shall cause a record of the interview to be […]
In a previous post, I wrote about the elements of a claim for legal malpractice in Texas: the existence of a duty; the lawyer’s breach of that duty; and proximate cause of damages as a result. Actually, though, many legal-malpractice cases engender the additional requirement to prove what is known as collectibility (and, yes, it […]
Before this year, several DBA Past-Presidents told me: “There is the year you plan for, and then the year you get—expect the unexpected!” I could start and end my column with those statements, but this is my opportunity to thank all of you for making this an incredible year despite all of the trying circumstances. […]
Since 2016, people have been talking about the 2020 general election as “the most important election of our lives.” Well, it is almost here. Even at the start of this year, no one would have dreamed this election would occur against the backdrop of a global pandemic and resulting chaos. We have seen pitched battles […]
