Dow Urges Texas High Court to Ax $2.6M Asbestos Verdict

by | Jan 15, 2015 | Uncategorized

January 14, 2015 (https://www.law360.com/texas/articles/611023/dow-urges-texas-high-court-to-ax-2-6m-asbestos-verdict) By Jess Davis Law360, Dallas (January 14, 2015, 8:39 PM ET) — Dow Chemical Co. on Wednesday told the Texas Supreme Court it can’t be held liable for a $2.64 million judgment in a mesothelioma claim brought against the company by a former contractor because it was the premises owner, not his employer.The family of Robert Henderson sued Dow, Alcoa Inc. and others for wrongful death, alleging he had been exposed to asbestos while working at their plants. A jury awarded his family $9 million and held Dow 30 percent responsible, but an appellate court held Dow… To view the full article, click...

How Is Hitting a Cow in the Road Med Mal?

by | Jan 14, 2015 | Uncategorized

January 13, 2015 (http://www.texaslawyer.com/id=1202715077096/How-Is-Hitting-a-Cow-in-the-Road-Med-Mal?mcode=1202615604418) By John Council Friends thought it was a joke when Amarillo solo Philip Russ filed a motion to dismiss a personal injury case for the most Texas of reasons. Russ is arguing that when a plaintiff hit several loose cows while traveling on a high plains road, it was a health care liability claim. Why? Because Russ’ defendant cattle-owning client is a retired doctor. “I said, ‘No. It’s not a joke,'” said Russ, who represents Richard K. Archer, an 82-year-old retired doctor in the case Tunell v. Andrew. Archer’s unusual motion to dismiss is the subject of a Jan. 9 decision by Dallas’ Fifth Court of Appeals—which denied Archer relief. Archer claims he should be afforded the broad protections given to physicians as part of medical malpractice tort reform measures enacted by the Texas Legislature. Those 2003 reforms were intended to protect doctors from frivolous lawsuits. In his motion, Archer argued that Bobby Tunell’s case should be dismissed because Tunell allegedly failed to comply with Chapter 74 of the Texas Civil Practice & Remedies Code, which requires plaintiffs to first file “expert reports” detailing the expected standard of care of doctors before they can sue them. While the argument may sound ridiculous, so is the Texas Supreme Court precedent that allows it, Russ said. The basis of Archer’s motion to dismiss is Texas West Oaks Hospital v. Williams, a 2012 decision from the Texas Supreme Court that requires plaintiffs to file expert reports when they sue doctors—even if the plaintiff’s claim has no direct relation to health care. “That result is the most ridiculous thing...

Gov. Perry Appoints Neeley as Justice of 12th Court of Appeals

by | Jan 12, 2015 | Uncategorized

January 12, 2015 (http://governor.state.tx.us/news/appointment/20485/) Gov. Rick Perry has appointed Greg Neeley of Longview as justice of the 12th Court of Appeals for a term to expire at the 2016 general election. Neeley is an attorney in private practice. He is a past partner of Neeley and Blair LLP and Akin, Neeley and Mason LLP and past assistant district attorney for Gregg County. He is board certified in civil trial law and personal injury trial law by the Texas Board of Legal Specialization and is admitted to practice before the U.S. District Court, Eastern District of Texas. He is a member of the State Bar of Texas and Gregg County Bar Association, past member of the American Bar Association and Texas Association of Defense Counsel and past chair of the State Bar of Texas Grievance Committee. He is a team member and past director of the ACTS Missions Spiritual Retreat in East Texas, past volunteer judge for Longview Teen Court and past volunteer fundraiser for the Muscular Dystrophy Association Longview Chapter. Neeley received a bachelor’s degree from The University of Texas at Austin and a law degree from the Texas Tech University School of...

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