- 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.
About the Author:
Dale Wainwright is co-chair of Greenberg Traurig’s Appeals & Legal Issues Group. The practice group comprises appellate lawyers with deep experience handling appeals in almost every area of the civil law and white-collar criminal law, including cases involving commercial law, federal and state constitutional law, environmental law, labor law, white collar criminal law, tax law, First Amendment law, real estate law, civil rights law, class action law, oil and gas law, power law, intellectual property and patent law, health care law, products liability and medical device law, voting rights and election law, toxic tort, insurance law, tax law, and administrative and regulatory law. In addition to handling client appeals, the Appeals & Legal Issues Group coordinates with trial counsel to help enhance trial court records and advance the potential for success on appeal.