This paper was co-authored with Brianne Watkins, an associate at my law firm. It was presented at the 2011 DRI Annual Meeting in Washington, D.C. to the Construction Law Committee of DRI. It discusses issues impacting claims…more
This paper was presented as part of the National Business Insitute C.L.E. program, "Construction Defect Litigation: From A to Z" in Dallas, Texas. It analyzes common ethical rules governing lawyers which are often implicated by…more
This article discusses issues that impact a trial lawyer's approach to the court's charge to the jury in a civil trial, as well as the formulation of proposed jury instructions and questions. It was co-authored with Leslee Haas…more
The Texas Supreme Court expanded the indemnity rights of building product installers against building product manufacturers in a recent opinion. This article discusses the impact that will have on construction defect…more
This article discusses the requirements for presenting an objection to an opponent's discriminatory use of peremptory strike of a jury panel member under the logic of the Batson opinion from the U.S. Supreme Court. It also…more
This article is from the ABA/TIPS Trial Techniques Commitee Newsletter for Summer, 2009…more
A review of the latest edition of Professor Karl Lewellen's book, The Bramble Bush…more
An analysis of an important Texas Supremem Court case addressing when a condition can be considered "unreasonably dangerous" in the context of the liability of a premises owner…more
This article discusses a Texas Supreme Court opinion which narrowed the scope of sovereign immunity and expanded the rights of a personal injury plaintiff. This has been rare in the last two decades in Texas…more
This article, originally published in the ABA/TIPS Appellate Advocacy Newsletter, discusses when and where having a court reporter present for a summary judgment hearing may be appropriate…more
This article analyzes an opinion in which the Texas Supreme Court required a homeowner, who had not signed an arbitration agreement with the builder, to arbitrate her claims of defective construction against the builder…more
This article, originally published in The Critical Path construction law newsletter, addresses the limits place upon a party's ability to use the discovery process or the court's subpoena power to obtain information and…more
Shell Oil Company v. Khan
This is the Petitioner's Reply Brief in Shell v. Khan, which sets out weaknesses in the brief of Respondent, which had argued that Shell Oil Company had a duty to prevent the shooting of Mr. Khan at his employer's Shell gas…more
Shell Oil Company v. Khan
This is the brief for the prevailing party in Shell v. Khan, decided by the Texas Supreme Court in 2004. It is the leading case on the liability of oil companies for personal injuries to the employees or guests of independent…more
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