Firm Achieves Reversal For Plaintiff In Fifth Circuit

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 […]

Texas Supreme Court Resolves Issues Concerning Medical-Expense Affidavits

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 […]

Three Johnston Tobey Baruch Lawyers Named to D Magazine’s List of the Best Lawyers in Dallas for 2021

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 […]

Texas Supreme Court Clarifies Rules Governing Designation of Responsible Third Parties in Texas

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 […]

Judicial Interview of Children in Texas Conservatorship Proceedings: Can the Trial Court Seal the Record from the Parents?

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 […]

It’s All About the Bucks: The Collectibility Requirement in Texas Legal-Malpractice Cases

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 […]

President’s Column: 2020 The Year That Was

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. […]

President’s Column: It’s Time to Vote!

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 […]

Texas Employees Are Entitled to Paid Time Off to Vote

As lawyers who have handled several election disputes, one question we often are asked in the run-up to an election is what right employees have to time off for work to cast their ballot. Fortunately, Texas law provides a straightforward answer. The Texas Election Code protects the right of employees to vote.  An employer cannot […]

Johnston Tobey Baruch Lawyers Honored as 2020 Texas Super Lawyers

Johnston Tobey Baruch Lawyers Honored as 2020 Texas Super Lawyers Managing shareholder Chad Baruch named to Top 100 lists in DFW and Texas DALLAS – All of the attorneys at Dallas law firm Johnston Tobey Baruch have been named to the list of Texas Super Lawyers for 2020, including Randy Johnston, Robert Tobey, Chad Baruch, […]