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John Edwards argues before the Texas Supreme Court on important libel case that started in 2003

Houston partner John K. Edwards recently argued before the Texas Supreme Court on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend County...more

Challenges to the Constitutionality of Indiana’s Med Mal Caps Continue Despite a Recent Legislative Compromise

Indiana’s Medical Malpractice Act’s caps on damages have survived constitutional challenges since their inception in 1975. In 1980, the Indiana Supreme Court, in Johnson v. St. Vincent Hosp., Inc., 273 Ind. 374, 404 N.E.2d...more

Non-Party Yelp Ordered to Remove Defamatory Reviews

In 2012, attorney Dawn Hassell represented Ava Bird for a period of 25 days related to a personal injury she suffered. Bird expressed dissatisfaction with the representation and Hassell withdrew from the representation....more

Is the Jury Out on Whether the Jury can be Brought Back In?

The jury renders its verdict. No party objects. The judge thanks the jury for its service, discharges them, and tells them they are free to go. The jury exits, but there’s one problem: the jury’s verdict is internally...more

The Supreme Court - June 2016 #2

The Supreme Court of the United States issued decisions in three cases on June 9, 2016: - Dietz v. Bouldin, No. 15-458: An automobile accident case went to a jury trial in federal district court. Respondent Hillary...more

The Supreme Court Sends Spokeo Back

Today, the U.S. Supreme Court decided one of the Term’s most closely watched cases: Spokeo, Inc. v. Robins. The 6-2 decision, while far from sweeping, creates a hurdle for plaintiffs in “no-injury” class actions....more

Paul Watler Speaks: Texas Supreme Court Opinions Firm Up Anti-SLAPP Rights For Online Journalists

Online journalists and scholars from the Americas and around the globe recently gathered at the University of Texas at Austin to assess the state of internet-based journalism. The keynote address of the 16th annual...more

So Much for A Contingency Plan: Can the Florida Legislature Abrogate an Attorney’s Contingency Fee in Tort Claims Against the...

Like many states, Florida has only partially waived its sovereign immunity by statute. Thus, a plaintiff’s recovery against the state is generally limited to no more than $200,000 per incident. This statutory cap, however,...more

GAME OF (STICKS &) STONES – Prior Restraint & Online Defamation

In previous posts, we have explored several aspects of internet defamation – including suing anonymous internet and twitter users and the protections afforded to internet users and providers for re-publishing content under...more

Arizona Civil Verdicts 2014

Courage. Trial lawyers have lots of important traits and skills, and courage is at the top of the list. To be able to speak confidently to the jury who holds your client’s case in its hands, to tell that story in a way that...more

Litigation Alert For Businesses With Tennessee Operations

On March 9, 2015, a Tennessee trial court struck down Tennessee's statutory limitation on the amount of non-economic damages recoverable in personal injury cases. The court held that the legislature's attempt to limit...more

Practical Guidance on Application of Caps on Non-Economic Damages and Punitive Damages

In 2011, Tennessee joined a growing number of states that passed tort reform. In Particular Tennessee Code Annotated § 29-39-102 provides for caps on non-economic damages and Tennessee Code Annotated § 29-39-104 provides for...more

The Roof Is On Fire: Trial Court Finds Tennessee Non-Economic Damages Cap Unconstitutional

Just four years ago, the Tennessee legislature passed the Civil Justice Act of 2011, making it the latest in a growing number of states to statutorily cap the maximum amount of non-economic damages available to plaintiffs in...more

Can Comments By a Federal Employee Result in a Taking Requiring Compensation Under the Fifth Amendment?

It depends. A recent decision out of the Federal Circuit tackled this very issue, and the court’s decision strongly suggests that a taking could arise under the right circumstances. (Filler v. U.S. (Fed. Cir. Mar. 10, 2015)...more

The Defamation Act 2013: To sue or not to sue?

The Defamation Act 2013 (“the Act”) reformed the law relating to slander and libel in England. It was heralded by a Justice Minister as “the end of a long and hard fought battle to ensure a fair balance is struck between the...more

Trial by Jury: Why It Matters in a Democratic Society [Video]

In the United States, there is only one time (apart from military draft in wartime) when our government can demand that we go somewhere and do something at a specific time and place. That is when we are called to jury duty....more

Appellate Court Affirms Anti-SLAPP Dismissal of Defamation Lawsuit by Political Candidate

On October 30, in Goral v. Kulys, the Illinois First District Appellate Court affirmed dismissal of a defamation suit pursuant to the Illinois Citizen Participation Act, 735 ILCS 110/1 et seq. (the “Act”). The Goral decision...more

Nevada Supreme Court Upholds Fraud Verdict Against The California Franchise Tax Board

The Franchise Tax Board’s Shande - This is case that has been more than two decades in the making. It began in the 1990s when inventor Gilbert Hyatt filed a California tax return showing that he relocated from...more

The Supreme Court of Texas Rules Injunctions for Defamation Not Proper and Requires Proof of Damages

On Friday, the Supreme Court of Texas issued two important defamation rulings. The first, Kinney v. Barnes, held that injunctions to prohibit defamatory speech do not pass constitutional muster. ...more

No Workers' Comp Immunity! No Insurance! Sure Is a Problem

In many states, workers’ compensation benefits are ordinarily the exclusive remedy for an employee injured or killed on the job. In exchange for these benefits, often awarded on a “no fault” basis, the employee generally...more

Florida Court finds Workers' Compensation Statute Unconstitutional

Circuit Judge Jorge E. Cueto of the 11th Judicial Circuit in and for Miami-Dade County, Florida has found that Section 440.11 of Florida's Workers' Compensation Act (the "Act"), which makes the Act the "exclusive" remedy...more

Texas Supreme Court Enforces Medical Criteria for Claims Involving Asbestos and Declares the Application of Chapter 90...

In a 5–4 opinion issued in Union Carbide Corporation v. Daisy E. Synatzske et al. No. 12-0617 (Tex. July 3, 2014), the Texas Supreme Court held that Chapter 90 of the Texas Civil Practices and Remedies Code as applied to the...more

Dealing with the Dangers of Online Reviewing

Law tries to find the line between protecting speech and punishing defamation - Online review websites, such as Yelp or Angie’s List, have become a common forum for griping. They give a voice to past customers to...more

A History Of Massachusetts Anti-SLAPP Legislation As A Vehicle For Protecting First Amendment Petitioning Activity From...

Before the passage of anti-SLAPP legislation, citizens engaged in First Amendment petitioning activity often found themselves the targets of retaliatory lawsuits. For example, a group of neighbors might speak out at a local...more

Eleventh Circuit Reverses District Court on Application of Noneconomic Damages Cap

Yesterday, the Eleventh Circuit issued an order in Estate of McCall v. USA reversing the district court’s order applying the noneconomic damages cap. The Eleventh Circuit remanded the case for further proceedings consistent...more

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