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Kid’s Baseball Coach Strikes Out in Defamation Suit

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March 26, 2015

It’s the bottom of the 9th, two outs, and a runner on 2nd.  The home team is down by one.    The batter steps up, swings and misses.  Count is full.   The pitcher eyes the batter, and he lets it rip… A hit, deep in the hole. The shortstop snags the…

Talking to the Jury: What Can and Cannot be Said

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February 13, 2015

I have prepared a number of voir dires, opening statements and closing arguments.  During my preparations, I always have a moment when I stop and say to myself, “What are the rules?  What might I say in passing that would create reversible error?” 

Written Discovery: Mad Max and the Thunderdome

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January 9, 2015

Picture the Thunderdome.  A shadow filed, iron caged, dome with a dirt floor the color of rust from recently spilled blood.  The moving shadows are created by the post-apocalyptic spectators hanging along the outside of the cage, clad in various leather costumes with open sores oozing puss.  You are Mad…

What is Quo Warranto?

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December 12, 2014

Over the course of the past two months I have randomly come across the phrase quo warranto.  The first time was the in the Texas Rules of Civil Procedure (Part VII, sec. 7) and the second time was in the Texas Civil Practice & Remedies Code (§§66.001 et seq.).  I…

Happy Thanks – taking!

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December 5, 2014

Ah, the holidays.  Tis the season of giving.  But for many lawyers and their clients, giving is not on their minds.  The client has been wronged and wants justice.  But the wheels of justice often turn very slowly, especially around the holidays.  The client wants results, but there is nothing…

Relax. It’s Going to be Okay.

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November 21, 2014

On September 23, 2014, Aaron Rogers of the Green Bay Packers gave his fans some great advice, “Five letters here just for everybody out there in Packer-land:  R-E-L-A-X.  Relax.  We’re going to be OK.”  While Aaron Rogers was talking about the Packers’ football season, I strive to apply this advice…