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Identifying, Developing & Presenting Game-Changing Appellate Points in the Trial Courtto Achieve Winning Settlements or Winning Legal Rulings INTRODUCTION The purpose of this paper is to apply some lessons learned about identifying, developing, and presenting potentially game-changing appellate points in the trial court. These lessons were  derived from the author’s 40 years of practicing appellate […]

Thirty years ago, expressly to protect defendants facing unfair, make-or-break, gross negligence and punitive damages trials, both the Texas Supreme Court (starting in 1994) and the Texas Legislature (starting in 1995) required trial courts to bifurcate the trial of those two issues upon any defendant’s motion to bifurcate.  Above all, Texas created this bifurcation right […]

INTRODUCTION – Bad faith investigations by insurers – at the intersection of insurance and intentional torts Over many years of this author’s 40 years of practicing law and 30 years of teaching judicial advocacy and insurance appeals, the two areas of Texas jurisprudence most interesting to me have been intentional torts and insurance coverage disputes. […]