The Dallas Court of Appeals has, once again, confirmed that "strict compliance" with rules governing service of process is required. See my prior posts on the subject here and here. In this case, the district clerk served an out-of-state defendant via certified mail, return receipt requested. But while the return of service bore the district clerk’s stamp
August 2011
Fifth Circuit Exception to Locality Rule for Attorney’s Fees
By Mike Northrup on
Posted in Opinions & Judgments
The Fifth Circuit Court of Appeals has held that when it becomes necessary to secure out-of-district counsel to adequately represent a civil rights plaintiff, the prevailing rates charged by that firm are the starting point for the lodestar calculation for an award of attorney’s fees. This ruling is an exception to the usual rule that…
11-1 Verdict on Liability Bars Recovery of Exemplary Damages
By Byron Henry on
Posted in Opinions & Judgments
The Dallas Court of Appeals recently held that a jury verdict of 11-1 on negligence bars recovery of exemplary damages based on gross negligence. In this case, the jury returned a verdict against the defendant for negligence by a vote of 11 to 1. Ignoring the predicate instruction to only answer the gross negligence question on an…
Federal Appellate Jurisdiction Over Magistrate Orders
By Mike Northrup on
Posted in Opinions & Judgments
A federal court of appeals does not have jurisdiction over an appeal from a magistrate judge’s order of dismissal unless the parties have clearly and unambiguously consented to proceed before the magistrate judge.
In Barber v. Shinseki, the plaintiff brought a healthcare liability claim. After the plaintiff’s counsel withdrew, he asked the district court to appoint…