by Staff | Jan 30, 2015 | Uncategorized
January 28, 2015 (http://www.mystatesman.com/news/news/opinion/apodaca-partisan-elections-are-not-the-best-way-to/njycg/#cd7d9e8d.3762787.735628) By Rudy S. Apodaca – Special to the American-Statesman Texas’ judicial system is broken. Is the way we select judges the best we can do? A myth exists in the public’s eye. It is this: Our judges are chosen from the most qualified members of the bar. That simply isn’t true. The fact is that this state’s selection system is flawed because, by its political nature, it doesn’t allow us to pick the best and the brightest in the legal profession. Texas is blessed with some highly capable jurists; they’re good at what they do. But they are there despite our current process, not because of it. We’re lucky to have them, but the truth is that no jurisdiction in this country has a process in place to assure that the most qualified become judges. There are many competent attorneys, some of them brilliant. Yet, most of them don’t have a burning desire to become judges. Many of them enjoy their work and, feeling already challenged, aren’t looking for change. They enjoy their relatively high incomes and aren’t willing to give up that security. By comparison, many judicial positions don’t generate the salaries prospective candidates earn. Quite often the ones motivated to seek judgeships aren’t doing as well monetarily and want higher pay, as well as prestige. And if they belong to the “right” political party, a few might get into office, even though lacking essential qualities. For these reasons, we shouldn’t select our judges by the same method in place for other offices — primary and general elections. Because judicial races don’t get high exposure,...
by Staff | Jan 22, 2015 | Uncategorized
January 21, 2105 (https://hurd.house.gov/media-center/press-releases/us-house-passes-bill-streamline-natural-gas-permitting-process) Hurd, ‘More pipelines means more jobs, lower energy costs, energy security’ Washington, DC – Representing the 23rd Congressional District of Texas, U.S. Representative Will Hurd released the following statement today in support of the Natural Gas Pipeline Permitting Reform Act: “Our current natural gas pipeline permitting process is a great example of Washington’s bureaucratic morass of red tape. It’s a no-brainer to support legislation that will streamline it and expedite the building of more pipelines. For families and local businesses in my district, more natural gas pipelines means more jobs and lower energy costs. For the nation, it’s another step towards American energy security, an integral part of national...
by Staff | Jan 22, 2015 | Uncategorized
January 21, 2015 (http://gov.texas.gov/news/appointment/20419) Texas Governor Greg Abbott today formally submitted three appointments to the Texas Senate. Governor Abbott intends to appoint Cameron County Judge Carlos Cascos as Texas Secretary of State, Jerry Strickland as Executive Director of the Office of State-Federal Relations and reappoint David Mattax as Commissioner of the Texas Department of Insurance. Biographies: Judge Carlos Cascos, Secretary of State – Carlos Cascos is the current Cameron County Judge, a position he was elected to in 2006. Judge Cascos is a Certified Public Accountant, Certified Government Financial Manager, and a Diplomat of the American Board of Forensic Accounting. Prior to becoming Cameron County’s top elected official, Judge Cascos was a member of the Texas Public Safety Commission, which oversees the Texas Department of Public Safety, a Cameron County Commissioner for 12 years, and was actively involved in many civic organizations. Born in Matamoros, Mexico, Judge Cascos became a permanent resident of the United States and then a citizen when he was an adolescent. Jerry Strickland, Executive Director of the Office of State-Federal Relations – Jerry Strickland formerly served as Director of Communications for the Office of the Attorney General Greg Abbott, and has served as spokesman and advisor for Governor Abbott since 2003. Previously, Strickland was a reporter and anchor for CBS and ABC news affiliates in Texas and other states. Strickland is a graduate of the University of Mississippi. David Mattax, Commissioner of the Texas Department of Insurance – David Mattax was appointed as Commissioner of the Texas Department of Insurance by Gov. Rick Perry earlier this month for a term ending Feb. 1, 2015. Mattax...
by Staff | Jan 20, 2015 | Uncategorized
January 20, 2015 (http://blog.chron.com/texaspolitics/2015/01/live-coverage-texas-inauguration-2015/#29894101=0) For full coverage of the Texas Inauguration, click...
by Staff | 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...
by Staff | 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...
