We have been trying to get you to do that in exchange for Texas Update! for years.
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Supremes Change Law: Last month, the Texas Supreme Court ruled that a trial court must detail its reasons for granting a new trial after setting aside a jury verdict, in In Re DuPont de Nemours and Co., 2009 Tex. LEXIS 465, 52 Tex. Sup. J. 1097 (Tex. 2009). Suit was brought by a decedent’s heirs against Du Pont alleging that the decedent’s death was caused by occupational exposure to asbestos. After a five week trial, the jury found that Du Pont was not liable to plaintiffs. The plaintiffs filed a motion for new trial, arguing that the jury’s decision was contrary to the evidence presented in the case, and the trial court granted a new trial with no explanation for its decision. The Texas Supreme Court, relying on its recent decision in In re Columbia Medical Center of Las Colinas, in which it reviewed other states’ rules on granting new trials and pointed out that an appellate court must give detailed explanations for setting aside a verdict, ruled that a Texas trial court must do so too. Now, instead of simply stating that a new trial is granted in the interests of justice and fairness, trial courts must give parties “an understandable, reasonably specific explanation why their expectations are frustrated by a jury verdict being disregarded or set aside.”
This is a significant change in the law. Previously, the trial court had almost unlimited power to set aside a jury verdict without providing any explanation whatsoever, and that decision could not be overturned by an appellate court. Now, the Supremes have set the stage for appellate courts to review new trial orders and reinstate jury verdicts.
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Tx/Up! Environmental Update: The Environmental Protection Agency announced that recent tests reveal that fish contain all time high levels of mercury. Mrs. Paul’s was quick to point out the new convenience factor: you can now eat fish sticks and take your temperature at the same time.
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Texas Supreme Court Update: Tarrant County District Judge Debra Lehrman announced that she’s running for the Texas Supreme Court seat being vacated by Justice Harriet O’Niell at the end of her term in 2010. Lehrman joins Dallas Court of Appeals Justice Jim Moseley, Eastland Court of Appeals Justice Rick Strange and San Antonio Court of Appeals Justice Rebecca Simmons in making a bid for O’Neill’s seat. All are running as Republicans.
Texas Supreme Court Justice Scott Brister, a prominent conservative Republican on the high bench, announced his resignation this week, effective September 7. Brister, who served seven years, plans to join the appellate practice section of a local Austin firm. Corpus Christi Court of Appeals Justice Rose Vela (Republican) has announced her intention to run for Brister’s seat. In the interim, the Governor will fill the vacancy by appointment.
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We will cover all the notable 2009 cases and new legislation at our full day, fully accredited 2009 Ultimate Claims Handling Seminar on October 16, 2009 at CityPlace Conference Center in Dallas, Texas. Senator Kirk Watson will be one of our guest speakers this year and will talk about the past legislative session and how it impacts the insurance industry and the Texas civil justice system. You can register now by going to www.chmc-law.com. Sign up now.