Litigation Resources

Personal Stories Show Tragic Reality of the “Texas Miracle” of Tort Reform

Christoper Nace, Esq. Prop 12, an amendment to the Texas constitution, was passed in 2003. Largely unbeknownst to voters, it was an amendment to the constitution because it set forth an unconstitutional mission: to limit access to a jury and damages for harm. Marketed (yes, marketed) as an amendment to stop “jackpot justice,” rampant frivolous lawsuits, and an imaginary flight of doctors fleeing the sue-happy standards, Texas pundits persuaded voters to pass the legislation. Notably, the amendment was shut down by every metropolitan city. The win was boosted by rural voters made fearful of losing the few doctors they had. …

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NV Legal Aid Center Sues Over Early Electronic Repossession of Cars

Brian Nettles, Esq. The Legal Aid Center of Southern Nevada has filed a class action lawsuit against a financing company that uses global positioning software (“GPS”) to remotely shutdown vehicles before customers legally default on payments. At the heart of the lawsuit is a concern of how electronic repossession harms consumers, many of whom are already having trouble making ends meet. The lawsuit alleges that the company, C.A.G. Acceptance LLC, electronically repossessed vehicles–in other words, deactivated them–long before customers defaulted on their payments. In one story, a struggling mother’s payment was “dishonored,” and, her minivan deactivated 20 days too early. …

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Attorneys Fight to Open Sealed Documents in Trinity Rail Case

Brian Nettles, Esq. A critical part of a legal trial is evidence. At a certain point, both parties are allowed to gain access to material facts and documents from the party they are fighting. However, sometimes parties ask the Court to keep their evidence sealed if their need for secrecy outweighs the public’s right to know. When does secrecy outweigh the public’s right to know? That’s tough to say. Companies like GM and Trinity have a lot to hide when it is discovered that their products are dangerous, even deadly. Public Justice, a non-profit public interest foundation, is currently fighting …

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Social Media Discovery

Social Media Discovery I get a chance to speak at CLE’s across the country on social media discovery. I am amazed by number of lawyers who just have no idea about what is happening when it comes to developing caselaw on this important subject. Before searching the internet far and wide, make sure that you have in your briefcase the go to case of  Trail v. Lesko. [slideshare id=38130284&doc=trailv-140819074320-phpapp02&type=d] The case involved a car wreck that injured one driver.  The parties both asked to have the other side produce Facebook posts and pictures.  Predictably, the parties fought the request, nobody produced …

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Public Justice Explains What “Greedy” Lawyers & “Friovolous” Litigation Really Do

Brian Nettles, Esq. The following blog is shared from Public Justice, a great source for information on consumer rights and ongoing issues regarding justice. This latest blog is a must-read. How often do you hear people joking, “You’ll get sued!” or complain about sue-happy people trying to get money in frivolous suits? Most famously you may have heard, “Oh, so you can get millions for spilled coffee?” Don’t be fooled by this popular misconception–it is the workings of Corporate America…a party far more greedy than any trial attorney. Consistent mocking of trial lawyers is a nasty move on their part. Why? Well, it’s …

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