Arguments

Legally Speaking: Don't Say I Didn't Warn You
8/31/2010 9:35 AM By John G. Browning

When I look at some of the lawsuits being filed nowadays, I see certain elements of a Wild West mentality: claim anything you want, regardless of how ridiculous or unsupportable it sounds.

A girl named Sue who sues and sues and sues
8/28/2010 7:15 PM
It may be true that everyone deserves their day in court, but that sound legal maxim assumes that "everyone" has a plausible cause of action and is not merely a malingerer or a malcontent, a publicity hound or a paranoiac.
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Federal Circuit says no liability prior to infringement notification
8/25/2010 6:17 PM By Anthoula Pomrening
In a recent case from the Southern District of Texas, Tesco Corp. v. Weatherford International Inc., National Oilwell Varco L.P., Offshore Energy Services Inc., and Frank's Casing Crew & Rental Tools Inc., the U.S. Court of Appeals for the Federal Circuit found that continued use of accused products sold prior to notice of infringement did not constitute direct infringement upon which a claim of indirect infringement could be based.
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Legally Speaking: It's Summertime, and the Litigating is Good
8/25/2010 6:00 PM By John G. Browning
A judge friend of mine swears that the strangest lawsuits in his court always seem to happen in the summertime.
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Seeking Cash Splash from Spilled Soda
8/21/2010 1:56 PM
If you want to file a slip-and-fall lawsuit, avoid stores and restaurants whose employees are observant, diligent, and energetic. They may spot a spill on the floor before you do and promptly remove a golden opportunity.
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Legally Speaking: Nice Try, But ... No"
8/17/2010 4:18 PM By John G. Browning
Sometimes, I get the feeling that judges are placed in the position of being like a game show host dealing with a particularly dense contestant giving an incorrect answer - "No, so sorry, but thanks for playing and we have some lovely parting gifts for you."
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Nothing offends like Texan success
8/14/2010 5:35 PM
Our 50 states are sovereign within their borders and free to offer citizens as much or as little government as desired.
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Legally Speaking: Stolen Valor and Stolen Justice
8/11/2010 2:22 PM By John G. Browning
I've previously written about the Stolen Valor Act, a federal law passed in 2006 that makes it a crime for individuals to falsely claim that they had been awarded military decorations and medals.
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Bill seeks cash gusher from oil spill
8/7/2010 11:38 PM
What is it with acronyms? It seems like every other bill coming out of Washington these days has a title with the first letters of every word spelling out a message word.
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Legally Speaking: Scents and Sensibility-When Evidence Doesn't Pass the Smell Test (Part 4)
8/4/2010 4:27 PM By John G. Browning
The National Research Council, in its 2009 report concluded that our nation's forensic sciences system is "badly fragmented" and lacking in strong standards by which the reliability of forensic methods and evidence can be measured.
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And then there were none
7/31/2010 12:56 PM
If any doubts remain about the success of medical malpractice reform in Texas, the recent denouement in a silicosis multi-district litigation court should put them to rest.
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