25 research outputs found

    Proof of Attorney\u27s Fees in Texas.

    Get PDF
    In Texas, the complex and confusing rules defining proof of attorney’s fees require simplification. Texas, like many other states, follows the American Rule, meaning the plaintiff and defendant each pay their own attorney’s fees. The United States is the only common-law jurisdiction and virtually the only industrialized democracy following the American Rule. Two primary justifications support following the American Rule. First, the American Rule supports individuals seeking a judicial remedy by removing the obstacle of paying an opponent’s legal fees. Second, it reduces potential litigation, attendant time and expense that would be necessary to dispute legal fees if they were recoverable. Legislation has had substantial effect on the American Rule in recent years. Now many scenarios exist where attorney’s fees may be recoverable. These changes attempt to reinforce the American Rule by maintaining fee recovery for only one party. If successful in court, the party bringing a claim may recover attorney’s fees from the opposing party. If unsuccessful, the party bringing a claim will not be responsible for the opposing party’s fees. However, recovery of attorney’s fees is ultimately contrary to a tenet of the American Rule because recovery requires settlement of an additional dispute that increases, not decreases, the need for litigation. The expansion of fee litigation makes this an issue of growing importance. Diverse and sometimes contradictory rulings complicate navigating research regarding the litigation of attorney’s fees. Additionally, while courts may adopt or administer particular rules involving attorney’s fees, there is rarely any analysis about proper application. Many pitfalls and opportunities exist at trial. The potentially high cost of litigation requires forethought in the preparation of the litigation of attorney’s fees

    Genome sequencing reveals Zika virus diversity and spread in the Americas

    Get PDF
    Although the recent Zika virus (ZIKV) epidemic in the Americas and its link to birth defects have attracted a great deal of attention, much remains unknown about ZIKV disease epidemiology and ZIKV evolution, in part owing to a lack of genomic data. Here we address this gap in knowledge by using multiple sequencing approaches to generate 110 ZIKV genomes from clinical and mosquito samples from 10 countries and territories, greatly expanding the observed viral genetic diversity from this outbreak. We analysed the timing and patterns of introductions into distinct geographic regions; our phylogenetic evidence suggests rapid expansion of the outbreak in Brazil and multiple introductions of outbreak strains into Puerto Rico, Honduras, Colombia, other Caribbean islands, and the continental United States. We find that ZIKV circulated undetected in multiple regions for many months before the first locally transmitted cases were confirmed, highlighting the importance of surveillance of viral infections. We identify mutations with possible functional implications for ZIKV biology and pathogenesis, as well as those that might be relevant to the effectiveness of diagnostic tests

    Aspirin “resistance” and risk of cardiovascular morbidity: systematic review and meta-analysis

    No full text
    Objective To determine if there is a relation between aspirin “resistance” and clinical outcomes in patients with cardiovascular disease
    corecore