Archives: Jury Charges

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Soaking Up Some CLE

D. Todd Smith
I spoke today at TexasBarCLE’s Soaking Up Some CLE Program on South Padre Island—one of my favorite places to visit. My topic was “Jury Charges in Commercial Cases.” For anyone interested, my slidedeck appears here. Today was the first time I’ve presented on this particular topic. As always, I learned a lot getting ready for … Continue Reading

An Appellate Lawyer Makes a Trial Team Better

D. Todd Smith
A while back, the folks at Texas Lawyer invited me to submit an article on how appellate counsel may play a supporting role in the trial court. The article is now available online and will appear in next week’s print edition. In the article, I focus on four areas in which an appellate lawyer can support … Continue Reading

Third Court Upholds Future Mental Anguish Award

D. Todd Smith
In Hyde Park Baptist Church v. Turner (No. 03-07-00437-CV), a case involving allegations that a young child suffered abuse at the hands of a church daycare worker, the Third Court of Appeals has affirmed a money judgment that included a significant award for future mental anguish. The Court rejected the church’s no-evidence challenge to that award after determining that the … Continue Reading

“Bad Result” Instruction Properly Refused in Pre-HB4 Case

D. Todd Smith
In Austin Periodontal Associates, Inc. v. Husak (No. 03-07-00125-CV), a pre-House Bill 4 dental malpractice case, the Third Court of Appeals has affirmed a $503,923 judgment rendered after a jury trial.  The dentist and hisemployer challenged the judgment on several grounds, most of which involved evidentiary complaints.  This decision is noteworthy, however, because the trial … Continue Reading
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