I. INTRODUCTION

In the realm of civil litigation, specifically with regards to collecting past medical expenses that have been paid or incurred, tort reform and healthcare changes have created considerable differences from state to state. The question that presents itself is as follows: Can the c...   MORE>>

I. INTRODUCTION

At least until State Farm Mutual Automobile Insurance Co. v. Campbell, insurance bad faith cases as a genre were among the most worrisome and explosive for insurers. Insurance companies have never been the most popular defendants, and good plaintiffs lawyers have successfully mani...   MORE>>

I. INTRODUCTION

The devil is in the details of commercial loss damages. Minimizing damages in a commercial loss case requires three core competencies, the last of which can be stated as a contingency:

(1) knowledge of the permissible measures of damages in the applicable jurisdiction;

(2) k...   MORE>>

I. INTRODUCTION

Bad faith claims take many forms. In most cases, they are based either on the insurer’s refusal to accept coverage or on missteps in the handling and defense of the claim, as where an excess verdict results after an insurer fails to settle for within policy limits. Increasingly,...   MORE>>

I. INTRODUCTION

Neuropsychological injury claims are made by persons who assert that they have suffered neurological damage and psychiatric sequelae as a result of trauma to the brain, regardless of whether there was actual contact with the brain in the incident itself. This article was inspired ...   MORE>>

I. INITIAL CONSIDERATION: IT'S ABOUT BOTH TACTICS AND STRATEGY

When thinking about defending against damages, the focus should center on an overall damages strategy rather than a simple series of tactics and techniques. For example, using equity rates of returns to develop a discount rate for red...   MORE>>

INTRODUCTION

Trying a case whose only issue is the calculation of damages is the most daunting experience a defense lawyer will face in the trial arena. There is none of the exhilaration associated with the prospect of achieving a defense verdict through eloquent oratory, thorough witness prepara...   MORE>>

A decade ago, the Texas Supreme Court began its assault on what tort reformers pejoratively call psychic injuries. Today, key issues for those seeking mental anguish damages in legal malpractice claims remain murky. In 1993’s Boyles v. Kerr, the high court rejected the tort of negligent infliction...   MORE>>

INTRODUCTION

Article 13 (Damages) modifies Texas law in four significant ways, including:

• Requiring a jury to base its award of punitive damages on a unanimous jury verdict.

• Limiting a claimant’s recovery of healthcare expenses to those actually incurred.

• Removing certain n...   MORE>>

I. Introduction

The Texas Legislature has adopted an Offer of Settlement statute as a part of House Bill 4 (and as new Chapter 42 of the Civil Practices and Remedies Code) that will significantly affect settlement strategies and potentially the ultimate judgment rendered in Texas civil suits. It ...   MORE>>