Category Archives: Legal matters

It’s preview time at Texas Monthly again, and for your reading pleasure for the usual limited time only is this fine piece by Patricia Kilday Hart on the history and effects of the tort “reform” movement in Texas. If you … Continue reading → Continue reading →

Last week, I had some correspondence with a local attorney named Bruce Moldovan, whose firm is representing a dog owner in a lawsuit against the city of Houston. It’s an interesting case, and as I’m a dog owner myself, I … Continue reading → Continue reading →

Eric Scheffey has been arrested in Colorado for practicing medicine without a license. He is charged with five counts of practicing medicine without a license, Aspen officials said. The charges stem from allegations that Scheffey illegally attended to patients at … Continue reading → Continue reading →

I’ve blogged about Dr. Eric Scheffey before, when he finally got his license to practice medicine revoked after a 20-year career of botched surgery and almost 100 lawsuits. This month’s Texas Monthly has a feature article on Scheffey, available for … Continue reading → Continue reading →

I started to blog something about these two LA Times stories on the tort “reform” movement, but never managed to put together something more substantial than a link and an exhortation to go read. Thankfully, there’s people like Dwight to … Continue reading → Continue reading →

Intro: I’m Matt Cohen, occasionally referred to in this space as “buddy Matt“. Despite working professionally with the Internet since 1989, this is my first blog post. Tomorrow morning (Tuesday, July 5th), I start a two month term on a … Continue reading → Continue reading →

It’s pretty rare that I side with Rehquist/Scalia/Thomas on any Supreme Court decision over Ginsburg/Stevens/Breyer, but this is one of those times. The Supreme Court ruled today that local governments may seize people’s homes and businesses – even against their … Continue reading → Continue reading →

My post on the 2005 HBA judges’ poll has generated a fair amount of interest, with a lively comment thread here. I want to clarify a few points about this poll: 1. As I said in the comments, nearly every … Continue reading → Continue reading →

The Houston Bar Association has published its annual poll (PDF) in which judges’ performances are rated by HBA members. From the press release: Every two years, the HBA asks its members to evaluate all members of the judiciary that serve … Continue reading → Continue reading →

Poker may be very popular these days, but as the Susan G. Komen Foundation found out recently, poker tournaments, even for charity, are still illegal in the state of Texas. Despite proceeds expected to near $300,000, Houston police and the … Continue reading → Continue reading →

Dwight has located and summarized the 2002 Texas Liability Insurance Closed Case Annual Report (pdf), which provides data on the burden borne by the Texas business community as a result of the tort system. The information it provides may surprise … Continue reading → Continue reading →

According to the ACLU, in 2003 blacks and Latinos were more likely to be searched by law enforcement officers at traffic stops than white drivers were. Blacks were 3.2 times more likely than Anglos to be searched by the Houston … Continue reading → Continue reading →

Meet Doctor Eric Sheffey: [Sheffey] has been sued more than 60 times and accused by patients’ relatives of causing four deaths and two suicides. […] Last year, administrative law judges found Scheffey had performed 29 surgeries on 11 patients that … Continue reading → Continue reading →

In 2003, the Lege created the Texas Residential Construction Commission to resolve disputes between homeowners and builders without having to use the civil courts. Today’s Chron takes a look at the effectiveness of the TRCC, and learns that the answer … Continue reading → Continue reading →

News flash: A big part of the medical malpractice litigation problem is caused by a few bad doctors. So says a study commissioned by the Bush Administration, ironically to support their contention that damage award caps need to be implemented. … Continue reading → Continue reading →

Poker tournament busted in Texas City at a nightclub owned by former Texas City Mayoral candidate Frank Skaggs. Texas City police received a tip about the “Texas Hold ‘Em” tournament planned for Dec. 5 at Shenanigans. They broke it up … Continue reading → Continue reading →

Why are some large damage awards by juries treated differently than others? Read Dwight and find out. Continue reading →

Another victory for free speech in Lubbock. In a major decision affecting the way public universities allow public speech, U.S. District Judge Sam Cummings knocked down a Texas Tech policy that establishes free-speech zones. Cummings ruled Thursday partially in favor … Continue reading → Continue reading →

With President Bush’s continued rhetorical assault on the civil court system, the LA Times takes a look at how Texas went from being a consumer-friendly state to one where there’s very little recourse for those who have been ripped off … Continue reading → Continue reading →

Score one for satire. The Texas Supreme Court ruled today in favor of the Dallas Observer and against two Denton County public officials who sued the alternative newspaper over a 1999 satire it published. The 8-0 ruling by the court … Continue reading → Continue reading →

Like Seth, I can’t say I’m surprised by this. Mr. Sinus, an Austin sketch-comedy group that skewers movies at the Alamo Drafthouse Cinema, is under attack. Best Brains Inc., the company that owns the TV show “Mystery Science Theater 3000,” … Continue reading → Continue reading →

Awhile back I commented on the case of tax avoider Irwin Schiff, who was ordered by a federal court to stop selling one of his fraudulent how-to-not-pay-income-taxes books. I thought this was extreme but justifiable on grounds that there’s no … Continue reading → Continue reading →

The makers or Starbock Beer will keep on pouring for the time being, at least until they take their copyright battle to court next year. Pete has the scoop. Continue reading →

I don’t often comment on national news, mostly because there are so many other fine outlets for such things, but I have a few words to say about the attempt by the Republicans in Congress to force DOMA-related lawsuits out … Continue reading → Continue reading →

Why do I keep harping on all the tort “reform” baloney around us? Because it’s such an easy target. For today’s discussion, start with this Star-Telegram op-ed which Andrew D found. Since damage caps became effective in September 2003, the … Continue reading → Continue reading →

Time again to check in on how the tort “reform” measure Prop 12 is affecting insurance rates. [Lt. Gov. David] Dewhurst criticized G.E. Medical Protective Co., or MedPro, for seeking a 19 percent increase in the rates it charges doctors … Continue reading → Continue reading →

So there’s a national franchise called the “Texas Roadhouse”, and there’s a privately owned watering hole in La Vernia called the True Blue Texas Roadhouse. Put ’em together and what do you get? Right. A lawsuit. The Kentucky-based Texas Roadhouse … Continue reading → Continue reading →

This would be funny if it weren’t so utterly pathetic. House lawmakers sent a stern message to insurance companies Thursday: Medical malpractice lawsuit reforms passed last year were meant to help doctors — not boost profits. Republicans and Democrats who … Continue reading → Continue reading →

“As the judge remarked the day that he acquitted my Aunt Hortense To be smut it must be ut-terly Without redeeming social importance” — Tom Lehrer Eugene Volokh takes a look at John Ashcroft’s forthcoming War on Smut and projects … Continue reading → Continue reading →

Bear this in mind as the Bush administration starts to make its push for tort “reform”. WASHINGTON (Reuters) – It was the anecdote that politically seemed too good to be true. And it was. Treasury Secretary John Snow was set … Continue reading → Continue reading →

What an outrage. A pharmacist refused to fill a North Richland Hills woman’s prescription for birth-control pills this week, but the woman hopes her experience will provoke an examination of pharmacists’ power over patient care. Julee Lacey, 32, a first-grade … Continue reading → Continue reading →

This is my preferred solution to the whole Pledge of Allegiance “under God” situation. The best solution to this problem — one that respects both the community’s desire to instill patriotism and the conscience of religious dissenters — is to … Continue reading → Continue reading →

First, a correction to my earlier post about the money bridge studio in Houston. I received an email from Betty Freedman yesterday who informed me that regular customers settle their tabs monthly rather than at the end of each session, … Continue reading → Continue reading →

I’m going to try to get a statement out of the Harris County DA’s office regarding poker tournaments, but in the meantime I can confirm that playing bridge for money is indeed an option here in Houston. As I recall, … Continue reading → Continue reading →