Dale Wainwright’s articles from Greenberg Traurig, LLP are most popular:
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- Texas State Constitution's Takings Clause
Application Limits — The limits of Texas'
Takings Clause, which holds that a person's property cannot be
taken or damaged by the government for a public purpose without
just compensation, are being tested in several novel cases. Usually
applied in eminent domain cases, the clause's application in
these matters will likely affect whether that narrow usage may be
broadened.
- Sovereign Immunity Uncertain for Quasi-Governmental
Entities — Courts continue to debate whether private
companies acting as contracted quasi-governmental entities, such as
utility oversight organizations, are entitled to the sovereign
immunity accorded governmental entities.
- "Nuclear" and "Thermonuclear"
Verdicts — A trend toward rising damages awards has
spread across Texas and several other states. Insurance industry
experts have dubbed these awards of over $15 million and $100
million as "nuclear" and "thermonuclear"
verdicts, which are often driven by high "soft damages"
awards, such as pain and suffering, mental anguish, loss of
society, and disfigurement, because such awards are reviewed in the
courts under a less stringent standard than economic damages
awards.
- Legislative Enactments to Address "Nuclear"
and "Thermonuclear" Verdicts — The
legislature is expected to seriously consider bills to provide
guideposts for high soft damages awards, including potential caps
on such damages.
- Embedded Appellate Counsel in Trial Teams — As litigation teams are now more focused on winning both at trial and on appeal, appellate counsel is more often embedded within the team at earlier stages of the process than before. Collaboration of these two specialties creates opportunities to significantly increase the potential for success on appeal of both favorable and unfavorable verdicts.
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