Case Analysis
Luff Law Firm Wins Significant Appellate Victory
The Luff Law Firm is pleased to report it has won a significant victory in the U.S. Court of Appeals for the 11th Circuit. Last week, the 11th Circuit handed down its opinion in Joseph Mink v. Smith & Nephew, Inc. Smith & Nephew recalled their Birmingham Hip Replacement system, a metal-on-metal hip implant, in 2012, but not before they had tricked Joe Mink into...Read More
Due Process in Probation Revocation Hearings
Texas prosecutors continue to assert that probation revocation proceedings are administrative in nature, and that therefore a defendant facing a probation revocation proceeding has only the rights required by due process. At the outset, it is essential to realize that the Court of Criminal Appeals of Texas explicitly held in Ex Parte Doan that these are not administrative proceedings. 369 S.W.3d 205,...Read More
Case Analysis: Smith et al. v. Williams – Evidence of Spoliation
The Sixth Appellate District in Texarkana recently issued its opinion in Smith et al. v. Williams, overturning a $4 million verdict in a trucking accident case in part because of the trial judge’s erroneous ruling on spoliation. In doing so, they significantly raised the burden of proof for spoliation. Simply put, spoliation is when a party destroys or withholds evidence....Read More