Litigating Fault in Tort Cases

Chapter 33 of the Texas Civil Practice and Remedies Code contains complex substantive and procedural rules that apply to all tort cases in Texas. In its simplest terms, Chapter 33 governs the fixing of fault and relative responsibility for damages among tortfeasors. But the complexity of these issues is apparent in the body of rules governing joint and several liability; contributory fault by the claimant; the apportionment of responsibility among defendants, settling persons and responsible third parties; and the application of settlement credits to reduce a plaintiff's recovery. Haynes and Boone's appellate lawyers have developed an enviable command of these complex rules – rules made even more dense and confusing by numerous legislative amendments over the last 20 years, many of which remain untested in our courts. The involvement of our experienced appellate lawyers before, during and after trial can be critical to navigating Chapter 33 procedures, preserving fault issues for review, and testing or defending a tort judgment on appeal. As demonstrated by their publications on the subject, our appellate lawyers have the procedural experience, substantive knowledge, and practical experience required to assist trial counsel and prosecute appeals in this complex area. We have successfully handled the following representative issues for tort defendants and claimants at trial and on appeal:

• Assisting trial counsel with substantive and procedural issues pertaining to joint and several liability, contribution claims, and settlement credits, including questions of first impression;
  
• Assisting trial counsel with the formation of judgments involving proportionate responsibility, contributory fault, joint and several liability and defending those judgments on appeal;
  
• Consulting with trial teams regarding substantive law and procedures pertaining to the naming and potential joinder of responsible third parties;
  
• Developing strategies for minimizing (or maximizing) the liability of particular defendants through the submission (or exclusion) of settling persons, responsible third parties and claimants as co-tortfeasors in the jury charge;
  
• Navigating Chapter 33 issues in cases involving "derivative" tort liability, including vicarious employer liability, negligent entrustment or supervision, and Dram Shop Act liability;
  
• Assisting trial lawyers with drafting, arguing, and preserving error regarding jury charge submissions under Chapter 33; and
  
• Advising parties regarding application of Chapter 33 provisions in cases pending in federal district courts and the Fifth Circuit Court of Appeals.