October 14, 2008 by Robert Tharp at 4:04:25 pm
Intelectual property attorney Dyan House: There's a lesson for everyone in the Harry Potter IP ruling
There's a teaching opportunity from the recent ruling against a Harry Potter fan who sought to publish a detailed guide to the works of Harry Potter author J.K. Rowling.
October 13, 2008 by Robert Tharp at 2:17:07 pm
To put the credit crisis in context you can consider the prospect of an entire nation like Iceland on the brink of collapse or individual homeowners here in Texas forced
October 10, 2008 by Robert Tharp at 4:31:54 pm
Thompson & Knight oil and gas attorney Michael Byrd warns wildcatters to beware in states without production caselaw
Natural gas fever is rising in the most unexpected places, thanks to drilling technology that allows production companies to extract natural gas from shale. One of the
October 10, 2008 by Robert Tharp at 2:42:29 pm
Thompson & Knight attorney Chris Schaeper says worldwide credit crisis affecting even the fiscally strong.
The U.S. and other countries may be pouring funds into the worldwide financial system, but so far the credit markets remain jammed. As a result, routine transactions that
October 9, 2008 by Robert Tharp at 3:33:21 pm
What he found is an eye opener when you consider that the Hispanic workforce is one of the largest and fastest-growing segments of the workforce. The analysis concludes that Hispanic workers are at particular risk during economic downturns, suffering negative effects sooner, more severely and for longer duration than their white counterparts. With such a large segment of the workforce at risk, the study concludes that it is extremely worthwhile for the sake of the broader economy to try to reverse these trends. Read more here.
October 8, 2008 by Robert Tharp at 11:30:59 am
Senior attorneys at Gardere Wynne Sewell quickly establish Financial Crisis Recovery Team
While some would prefer to burry their heads in the sand until this epic financial turmoil is over, for an example of how some law firms are reacting nimbly, consider Gardere Wynne Sewell's creation of its multi-disciplinary Financial Crisis Recovery
The firm's business and litigation attorneys are already working together on tasks including problem loans, debt restructuring, securities violations, tax issues, government contracts, employment law, breached contracts, and investigations and crisis management. Senior attorneys on the team are able to response to clients affected by the global crisis from every conceivable scenario. Cliff Risman, chair of Gardere's Business Department, notes that it's hard to understand the impact that this crisis on businesses and individuals. "This is more than a financial crisis - it poses fundamental challenges to the foundations and integrity of business operations," he says.
October 3, 2008 by Robert Tharp at 12:46:29 pm
Schlepping the $700 billion Wall Street bailout plan to an angry electorate would be a chore for even the most capable p.r. maestro. By most accounts, Henry Paulson was hardly up for the p.r. job of connecting with the American people. Time has an insightful analysis of the p.r. missteps that failed to inspire the public and no-doubt led to the plan's initial defeat. The Time
The Time piece offers some suggestions to resell the bailout, including: Find a face: Human beings are not moved by numbers or by vague predictions of certain doom. They are moved by stories. "It's simple," says Dennis Mileti, an expert on risk communications who has studied hundreds of disasters of the more conventional kind at the University of Colorado. "You get one family in America. You go to their house. And you paint a picture of what their life is like one year from now. You describe a kid who can't go to college, the house that can't be sold, the inability of anyone to use a credit card. They need to get a camera crew and go to Omaha and find a family."
Rebrand the Bill: The phrase "bailout" is a deal-killer. "People feel the breaks are being given to financial institutions and not to the consumer," says Slovic. He recommends "Consumer Protection Act." It may be too late for this change to have much impact, but any change in language that acknowledges real people would be an improvement.
Shoot the Messenger: If you want people to support the radical idea of rescuing rich investment bankers, don't send a rich, former investment banker (Henry Paulson) to convince them. And don't send a discredited, lame duck President, either. As in normal life, people are more likely to believe the advice of someone they trust. There aren't many well-known experts in this field who aren't rich, but even Warren Buffet would have brought less baggage to the process than George Bush.
Be Specific: People need to know what will happen if they do nothing - or if they do something.
October 2, 2008 by Robert Tharp at 3:59:49 pm
Writes Wu: I know: It seems like we haven't made any progress. Women lawyers haven't achieved anything near parity in the partnership ranks at major firms. We only have one woman on the U.S. Supreme Court, down from two. To the naked eye, it can seem like we're actually moving backward. But we're not. Trust me. When Sandra Day O'Connor graduated No. 3 in her class at Stanford Law School in 1952, the only legal job offer she could get was as a secretary. In the 1970s, a group of women law students in Dallas had to sue even to get interviews at firms. When I started in the late 1980s, I wasn't allowed to wear pants to work.
Now, not only can I wear pants, but women are entering the profession at the same rate as men. Some of the largest firms in the world have had female managing partners. And while parity is a long way off, the percentage of female partners has inched up steadily over the years. The most encouraging trend I've seen, though, is the number of firms that have started meaningful women's initiatives and put real money and political support behind them. These firms are making an effort to recruit, develop and retain women lawyers. While they aren't always successful, and there are lots of structural and cultural hurdles to overcome before there's real parity, I have to remember that these things move in geologic time. Progress can't be measured in months or years. It has to be measured in decades and centuries.
The sticks that punish the legal profession for its resistance to change -- the flight of talented yet discouraged and overwhelmed women from the profession -- coupled with the carrots offered by clients demanding diversity in their legal service providers make progress as inevitable here as it is in China. It's going to take a while, but if the Chinese can keep fighting the good fight, so can we.
October 2, 2008 by Robert Tharp at 2:31:57 pm
When Dallas attorney James Craig Orr walked away with a $1.5 million verdict Tuesday on behalf of two Austin men who were seriously injured when an 18-wheeler crashed into their car, trucking company Celadon Trucking sought to mitigate the court loss with the following public statement: Celadon does not hire trainee drivers,
The Indianapolis Star, Celadon's home-town paper, faithfully included the company's statement in an Associated Press story of the court verdict secured by Dallas-based law firm Heygood, Orr, Reyes, Pearson & Bartolomei. That's great, but we wonder how long it took the reporter to find this this contradictory tidbit in the very next paragraph that casts a little doubt on that sincerity of Celadon's response: In 2005, Celadon Trucking agreed to pay $1.25 million to the parents of a soldier who died when his car rear-ended a tractor-trailer that stalled along a Texas highway in 2002 after its brake hose failed. The husband-wife truck driving team in that case had tried to repair a high-pressure brake hose with a toothpick wrapped with tape.
The lesson for everyone: don't assume reporters will swallow your statement without a little fact-checking.
October 1, 2008 by Robert Tharp at 4:09:55 pm
Thompson & Knight attorney Roger Aksamit says IRS is offering some relief
For those rebuilding from Hurricane Ike, end-of-the-year federal income tax strategies no doubt fall somewhere near the bottom of the priority list. Houston attorney Roger Aksamit of Thompson & Knight's Houston offices says the IRS is offering some relief. Taxpayers in the 29 Texas counties declared as Hurricane Ike disaster areas may be able
October 1, 2008 by Robert Tharp at 2:55:52 pm
The awards ceremony is still weeks away, but the cat's out of the bag. Dallas attorney Charla G. Aldous is the American Board of Trial Advocates' Trial Lawyer of the
October 1, 2008 by Robert Tharp at 11:02:40 am
Once upon a time, attorneys who left law firms for jobs as in-house counsel for companies and corporations did so with the understanding that they might have a difficult
October 1, 2008 by Robert Tharp at 10:30:02 am
Transportation attorney Mike Richardson of Dallas law firm Rose•Walker says other industries likely to follow.
It didn't take long for California safety regulators to ban cell phone usage by on-duty engineers following a deadly train collision in which one of the engineers was
September 24, 2008 by Robert Tharp at 3:05:06 pm
While debate over the proposed $700 billion Wall Street bailout continues, class-action securities attorney Jeffrey Zwerling says shareholder lawsuits are almost certain to follow. Zwerling, of New York-based Zwerling, Schachter & Zwerling, LLP, says disgruntled shareholders who were misled by financial institutions will be filing litigation
"Because the executives at some of these financial institutions, investment banks and mortgage houses were treating their businesses as if they were their own personal casinos, the investors didn't receive the value they thought they paid for," he says. "All they received was an illusion."
Zwerling is already actively involved in litigation related to the collapse of the auction-rate securities sector earlier this year. He represents the lead plaintiff in a securities class-action against Citigroup in auctions it managed. After the market for auction rate securities shut down early this year, investors were left with no access to their money. Since then, New York Attorney General Andrew Cuomo has forced Citigroup and other institutions to make good on the auction rate securities, but still unknown is whether pension funds and the individual workers they represent will receive any money.
Zwerling also represents the Wayne County Employees Association in a class-action against MGIC Investment Corporation, a provider of private mortgage insurance. The lawsuit claims that MGIC failed to warn investors of large financial losses it was experiencing as a result of the worsening credit crisis and problems in the home mortgage industry.
September 24, 2008 by Robert Tharp at 11:00:17 am
Consider Twitter, an often maddening medium that gives you an opportunity to send out short messages accompanied with a Web site link to targeted groups. Seattle law firm Hagens Berman Sobol Shapiro and their marketing firm suffered widespread wrath when they used Twitter in an attempt to recruit class-action plaintiffs for a case against Verizon Wireless. The blunder got the attention of the Wall Street Journal and many, many others.
While the ubiquitous `I'm stuck in traffic on the way to the airport' Twitter posts that I typically receive are about as useful as spam and good examples of useful Twittering remain rare, the takeaway here is to think a little before you step out and pursue Web 2.0 marketing. Legal blogger Kevin O'Keefe nailed it with his recent post, Be smart. Just because your law firm, marketing company, or PR agency heard of a new communication tool that others have found powerful, doesn't mean you should start using it tomorrow. You need to know how to use tools like Twitter. This means getting out and playing with Twitter. Use it for personal use. Look at how others are using Twitter. Twitter on training wheels if you will. Then start using Twitter in business settings - after you feel very comfortable with how Twitter works. If you don't feel comfortable, don't start.
September 23, 2008 by Robert Tharp at 2:29:57 pm
Lawsuit filed by Houston attorney Mark Lanier questions whether Rice University adequately screens its young athletes
A simple blood test by the Rice University athletic department would have revealed that a young football player should not have been given a nutritional shake containing
creatine, according to a lawsuit filed by Houston attorney Mark Lanier. Dale Lloyd II's 2006 death after drinking the shake during a conditioning workout is now putting a spotlight on whether college athletic departments are properly screening college athletes.
At issue is whether Rice coaches should have known that Lloyd had a blood condition common to African-Americans that placed him at greater risk of suffering from rhabdomyoloysis by injesting the shake containing creatine. Creatine is a naturally occurring organic acid that supplies energy to muscle and nerve cells, but it also causes dangerous side effects, including rhabdomyoloysis, a breakdown of muscle fibers that causes the release of harmful substances into the bloodstream. Medical literature has long warned about the increased risk of rhabdomyoloysis for those who use nutritional supplements and also have the trait for sickle-cell disease.
Lloyd collapsed after he was given a nutritional shake by Rice football coaches and ordered to finish a conditioning workout. Despite having trouble breathing and in obvious pain, coaches ordered other players not to help him and forced him to complete the workout, according to the lawsuit. Lloyd was hospitalized and never regained consciousness. Although African-Americans comprise a large number of student athletes at U.S. universities, very few schools test for the sickle cell trait, exposing thousands of young people to the conditions that lead to Lloyd's death. "If Rice University had conducted simple blood tests on African American student athletes, then they would have seen that Dale had the sickle cell trait and that he should never been given a creatine-based supplement directly before being forced to complete such a brutal workout," Lanier says.
September 23, 2008 by Robert Tharp at 11:50:24 am
Plaintiffs' attorney Mark Werbner dubious of pending Texas Surpreme Court review
As challenges mount to the 2003 tort reforms, the Fort Worth Star-Telegram outlines how backers of Texas tort reform are taking an unusual step and seeking out a direct appeal of a case to the Texas Supreme Court for a ruling on whether the reforms comply with the state constitution. Plaintiffs' attorneys like Mark Werbner of Dallas-based Sayles Werbner question the strategy used by supporters of tort reform, telling the Star-T that the unusual direct
appeal to the Texas Supreme Court appears to be an attempt to prevent other cases that promise a stronger challenge to the reforms. "This is another way to put more nails in the coffins of people who are dying because of medical malpractice," he says, adding that tort reform has created a system that has taken away the ability of most Texans to seek legal recourse for medical errors.
Supporters of tort reform, meanwhile, describe how changes in the system in Texas have made the state a more friendly economic environment for doctors.
The Star-T sums it up: The debate pits two sides with starkly different takes on the effects of the cap. To the medical groups, the $250,000 cap on "noneconomic" or compensatory damages for pain and suffering has helped high-risk patients because doctors are now willing to accept complex cases. Proponents say the cap has also made it easier to recruit new physicians - Texas has almost 300 more licensed doctors than it did a year ago. What's more, medical liability rates have dropped by 26.6 percent overall since 2003, when the cap became law, according to the Texas Department of Insurance. Critics say the cap dealt a crushing blow to patients' rights because many of those who suffered life-threatening injuries effectively have no legal recourse. That's because of the economics of the lawsuits.
September 23, 2008 by Robert Tharp at 10:20:51 am
Cowles & Thompson Antitrust attorney Jim Chester: curious timing for probe
It's become a toss up for many lately as to which monthly bill is more unpleasant to open...the electricity bill or the cel phone. For those who have embraced text
The Dallas Business Journal analyzes the issue and efforts by Senate antitrust subcommittee chairman Herb Kohl to get some answers from the four major wireless phone companies. DBJ reporter Jeff Bounds explains in the piece that Kohl finds the hike curious because text messages cost little to transmit because they are small and that the four carriers each raised rates with identical spikes almost simultaneously. Kohl has asked the four carriers -- AT&T, Sprint, Verizon and Nextel -- to justify their rates by Oct. 6.
Jim Chester, chairman of the international business and trade practice at Dallas' Cowles & Thompson, explains that politicians are obligated to enforce antitrust statutes, but he finds the timing of the probe _ at the height of the political season _ a little curious.
September 18, 2008 by Robert Tharp at 1:55:19 pm
September 17, 2008 by Robert Tharp at 3:18:46 pm
Young Dalton Sherman is on a roll. After winning the the 16th annual Gardere Martin Luther King Jr. Oratory Competition with a speech about community involvement that ended with the closing line: "...a drum major with no band is just a
September 17, 2008 by Robert Tharp at 11:07:16 am
September 17, 2008 by Robert Tharp at 10:32:24 am
"I'm very pleased that we have been able to move quickly to resume a level of normal business operations," Houston managing partner Dallas Parker said. "Our attorneys already have been able to respond to some pressing business demands of our clients related to the current issues in the financial markets as well as to offer counsel on matters stemming from Hurricane Ike. Like thousands of others in the areas affected, many of our Houston employees are coping with the personal needs of their homes and families... We are encouraging our workforce to continue working remotely and follow the direction of local and state officials in safely returning to downtown."
September 15, 2008 by Robert Tharp at 1:57:51 pm
Pension funds and ordinary investors appear to have the most to lose in the federal bailout of Fannie Mae and Freddie Mac,
September 12, 2008 by Robert Tharp at 4:36:10 pm
While the airline industry contracts, consolidates and generally struggles to find a way to survive, niche aviation businesses are thriving as they nimbly fill the gaps, says aviation attorney and pilot David Norton of Shackelford, Melton & McKinley in Dallas. Most recently, Miwok Airways began an air-taxi service in California, shuttling
Harking back to the early days of aviation when pilots in biplanes picked up passengers on farm fields, the flights on Miwok Airways are not scheduled. They fly on demand and can take off from any of the more than three dozen airstrips in the region. Passengers can set their own flight time and then be flown in four-seat Cirrus propeller planes with fares as low as $82 one way. The fare will depend on the distance between airports and on how many people are sharing the plane, rising to more than $300 if no other passengers are on the plane. The plane can seat three paying passengers. By comparison, chartering a plane can cost more than $600 an hour.
These kinds of services will no doubt only become more common as large carriers cut costs by abandoning or drastically reducing service to mid-sized and less-profitable airports. "We're seeing the evolution of the air travel business," says Norton, who helps clients navigate laws and regulations involved in leasing corporate jet aircraft, also sat on the panel advising the FAA regarding on-demand air travel rules. "The airlines are never going away, but very soon this kind of air taxi service is going to be more and more common."
September 11, 2008 by Robert Tharp at 4:16:35 pm
September 11, 2008 by Robert Tharp at 3:56:06 pm
September 11, 2008 by Robert Tharp at 11:25:19 am
According to the Chronicle: Google, which prides itself on not being evil, offers a few more protections in its online legal agreement that everyone accepts before using its products. The agreement states that users retain the copyright to content they post, submit or display using Google's services. But Google gets "perpetual, irrevocable, worldwide, royalty-free and nonexclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute" any of the content. What's more, Google can make that content available to any companies or organizations it chooses.
So the problem remains: What you put in cloud services such as Docs and Gmail, Google's free Web-based e-mail, isn't really yours anymore. Google doesn't make money by giving us gigantic e-mail accounts. Its profit comes in part from selling ads tied to the content of messages sent with those accounts. In other words, it's sifting through our messages, looking for sales leads. And it's not just Google. "When one uses an online service - Google, Yahoo, AOL - there's a click agreement that nobody ever reads. Somewhere embedded in the agreement you waive all sorts of ownership issues," Vogel said.
September 5, 2008 by Robert Tharp at 4:45:02 pm
Thirty-one years later, some firms are really embracing creative advertising(other firms, not so much). Gardere Wynne Sewell, for example, understands that such a campaign can go hand in hand with being a big, internationally respected firm. Gardere was recently singled out to receive the prestigious "Award of Distinction" from the International Academy of the Visual Arts Communicator Awards for its smart "They call it/We call it" campaign.
September 5, 2008 by Robert Tharp at 2:51:45 pm
After an exhaustive investigation and legal battle in which attorneys from the Dallas law firm Rose•Walker became experts in the intricacies of plane engine design, a Grimes County jury sided with Interstate Southwest, dinged Lycoming for fraud and handed Interstate Southwest a $96 million verdict in 2005. The verdict was later reduced by an appeals court, but the Supreme Court of Texas this week upheld the trial court's key rulings that Lycoming alone is responsible for the design defects that caused the engine failures. The appeals court's decision effectively closes the door on any legal attempts to hang blame on Interstate Southwest and also wipes out Lycoming's $186 million counterclaim against Interstate Southwest.
The ruling should end six years of litigation, says attorney Marty Rose of Rose•Walker. "This Supreme Court decision means Interstate Southwest wins and Lycoming loses - it's as simple as that," Walker says. "A jury of 12 people looked at this and said that Lycoming was to blame. This decision affirms that."
September 4, 2008 by Robert Tharp at 4:18:44 pm
Indeed. This summer alone, Sprinkles has warned one rival to discontinue using a similar circle motif in its packaging. Most recently, it threatened a cupcake peddler called "Sprinkled Pink Cupcake Couture" and ordered that the business change its name. As Munck Carter intellectual property attorney Dyan House put it, protecting Sprinkles' distinctive niche is a fight worth having and goes to the core of trademark law, whether you're talking about cupcakes or technological innovation.
September 3, 2008 by Robert Tharp at 2:47:40 pm
The ruling stems from a 2001 verdict by a Dallas County jury awarding $9.2 million in compensatory damages and $21 millin in actual damages to the family of a man who died of a heart attack after waiting 12 hours for treatment after complaining of chest pains at the Las Colinas Medical Center. The 5th Court of Appeals in Dallas previously reduced the total award to approximately $5.4 million based on existing Texas laws limiting damage awards in health care claims. Given the Supreme Court of Texas' reputation, there was concern that justices would further reduce the award. Instead, the Supreme Court upheld the award against Columbia Medical Center and also reversed an award for loss of inheritance damages.
"We are extremely pleased to finally have this case resolved through this just, but infrequent affirmance of punitive damages," says attorney Mark Werbner, co-founder of Sayles Werbner and trial counsel for the Hogue family. "This opinion is especially gratifying because the Hogues have had to wait so long for the court to rule. The Supreme Court of Texas is known far and wide for reversing court judgments favoring plaintiffs, particularly in medical malpractice cases, and it is important that this decision is perhaps putting a halt to that trend."
Under the court's ruling, defendant Columbia Medical must pay the Hogue family approximately $10 million when the amount of pre- and post-judgment interest is included with the $5.4 million award of actual and punitive damages.
September 2, 2008 by Robert Tharp at 10:41:15 am
"Part of our value to our client is being able to work with and solve really big problems without anyone knwoing about it. We can't go out like law firms tha splash their verdicts across the front pages of newspapers. We just can't do that." Behind the scenes, Cox said. firms like hers are helping law firms win lawsuits, settle lawsuits and avoid them altogether. They help in-house counsel investigate internal problems, such as data breaches and intellectual property theft, to determine whether legal action needs to be pursued. "The law firms don't have the forensic laabs that we have," she said. "They don't have the private inestigator experience that we have. We look for that smoking-gun e-mail or document"
August 29, 2008 by Robert Tharp at 2:39:57 pm
August 29, 2008 by Robert Tharp at 2:20:32 pm
"Hitachi has been more than willing to take people's money for these TV sets and they should be more than willing to fix them," says Heygood Orr attorney Eric D. Pearson. "In some cases, people paid $4,500 or more for these TVs. You can't take that kind of money and deliver a defective product.
August 28, 2008 by Robert Tharp at 4:07:25 pm
August 28, 2008 by Robert Tharp at 3:46:28 pm
While New Orleans residents ponder the prospect of another hurricane direct hit three years after Katrina, oil traders have so far been indifferent as Gustav churns toward
August 28, 2008 by Robert Tharp at 10:51:02 am
Who would have thought pre-2001 that the small east Texas town of Marshall would become the epicenter of some of the most complex and high stakes patent law
August 26, 2008 by Robert Tharp at 10:16:24 am
Taber Estes Thorne & Carr PLLC is one of the few women-owned law firms in Dallas. It features a collaborative team of highly experienced attorneys, representing clients in business litigation, labor and employment, family law, health care and insurance matters.
August 25, 2008 by Robert Tharp at 3:31:10 pm
We love to talk PR and solve world problems over here at Androvett Legal Media. The little matter involving Russia's conflict with Georgia gave us the opportunity to do a little both. This interesting New York Times analysis describes how Russia may have won the battle related to the conflict with Georgia but failed in terms of the worldwide PR image war.
Consider this passage from the New York Times article: High-ranking Russian officials, who generally have a free hand in the Russian media, seem to find it demeaning to have to fight to get their message out. And they hold Mr. Saakashvili in such contempt, considering him a Western pawn who wants to bring NATO into their backyard, that they recoil at the idea of being perceived as his equal on the world stage, especially after pummeling his military forces.
It was not until four days after the conflict began - an eon in the 24-hour news universe - that a top Kremlin official was sent to CNN to counter Mr. Saakashvili. The official, Sergei B. Ivanov, a confidant of Prime Minister Vladimir V. Putin, who speaks polished English and has long experience in the West, quickly acknowledged that an unfortunate perception had taken hold."A big Russian bear attacked a small, peaceful Georgia," said Mr. Ivanov, a deputy prime minister, before seeking to undo the damage. "In fact, the situation is and was vice versa. It was a big Georgia which attacked a small and tiny breakaway republic of South Ossetia."
August 25, 2008 by Robert Tharp at 2:36:50 pm
Defendants, on the other time, made a mistake by proceeding trial only about a quarter of the time. The survey found that an attorney's experience level played no role in the success or failure in the courtroom. Dallas attorney Mike Richardson, a partner at the trial law firm Rose•Walker, says the study should have taken actual courtroom experience into consideration _ not the number of years on the job. "If you've tried plenty of cases, you can usually do a pretty good job of handicapping the outcome," Richardson says. "The study is absolutely right in saying an attorney's years of experience don't matter, but real trial experience does." To interview Mr. Richardson about his opinion of the study, contact Mark Annick at 800-559-4534 or email@example.com.
August 21, 2008 by Robert Tharp at 5:09:23 pm
Fortune 500 companies are apparently making faster progress than law firms in terms of diversity in the upper ranks, according to a recent survey that found that one in
August 20, 2008 by Robert Tharp at 4:54:31 pm
Pop quiz: Which population group represents the largest segment of undocumented citizens in the U.S.? The correct answer would be U.S. citizens, more than three
August 18, 2008 by Robert Tharp at 11:53:34 am
With more than 14.5 million active online auctions listings at this very moment, just how responsible should eBay be for the fraud that occurs when unscrupulous sellers
August 13, 2008 by Robert Tharp at 10:14:33 am
Shoddy maintenance, inadequate insurance and paperwork, questionable driving records. These are just some of the details emerging from the investigation of the August 8 crash of a charter bus that killed 17 passengers near the Texas-Oklahoma border. But for Dallas attorneys Mark Werbner of Sayles Werbner PC and Frank Branson of The Law Offices of Frank L. Branson, preliminary findings from the wreck show that state regulators and fly-by-night bus companies have not learned from
Among other things, the bus operated by Iguala BusMex Inc. of Houston was traveling with a retread tire on one of its front wheels. It is illegal to use retread tires on wheels that steer a bus. Records indicate that the owner of the bus had failed safety inspections and the driver had a history of traffic infractions.Werbner says he's disappointed that despite a number of deadly bus crashes in recent years in Texas and across the country, shady bus companies like the one carrying members of the Houston-area church are still allowed on the road. "This appears to be yet another case where a company and driver failed to get the required safety inspections and did little to protect the passengers," he says.
Most of the passengers were from the Vietnamese Martyrs Church in Houston and were on their way to the Marian Days pilgrimage in Carthage, Mo., for an annual festival honoring the Virgin Mary.
Branson and Werbner know what they're talking about when it comes to investigating bus companies and bus crash litigation. Werbner represented one of the surviving victims of a 2002 bus crash near Terrell, Texas, that killed five and caused severe injuries to several others. That case, which also involved a church group that had hired a charter bus service, resulted in a $71 million verdict on behalf of Werbner' client. Branson is currently representing victims of another horrific bus crash that occurred near Dallas and involved elderly Houston nursing home residents evacuating from Hurricane Rita in 2005. In that case, 23 people were killed when the bus caught fire in bumper-to-bumper traffic.
August 7, 2008 by Robert Tharp at 4:42:00 pm
August 7, 2008 by Robert Tharp at 4:25:01 pm
August 6, 2008 by Robert Tharp at 3:19:09 pm
It's probably just a matter of time before Texas courts play hose to litigation from the $330 billion auction-rate securities collapse of 2008, says Kenneth Johnston of
August 6, 2008 by Robert Tharp at 2:59:55 pm
August 5, 2008 by Robert Tharp at 4:19:52 pm
August 1, 2008 by Robert Tharp at 4:51:40 pm
A study by eMarketer has some surprising findings regarding the way news reporters use blogs in the news-gathering process. According to this survey, nearly 40
On a related note, this law.com story offers a pretty basic primer on the importance of search engine optimization for law firm Web sites. The basic message: spending some time on your website and updating content(including blogs) can pay huge dividends. The piece raises an interesting rhetorical question: if search engine optimization works then why don't more people use it?
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