Latest News
Texas Supreme Court Victory
Congratulations to Eric Peabody and David Plaut on their recent 7-1 win in the Texas Supreme Court in Cause No. 21-0513, Ferrer v. Almanza. In an Opinion by Justice Huddle, the Court held the Texas tolling state – Civil Practice & Remedies Code § 16.063 – did not toll the running of the statute of limitations in a car wreck/personal injury case against a Texas resident who was away at college for a significant part of the applicable limitations period.
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Alex Sheppard is on the rise!
We’re very proud that Alex Sheppard has been selected to the 2023 Texas Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. We agree with Thomson Reuters that Alex is an exceptional attorney who embodies excellence in the practice of law. He’s also a really great guy. Congrats to Alex!
Trial Victory
Congratulations to Sheila Tan and David Plaut for their recent win at trial in a wrongful death case styled Cause No. 20-002074, Mandy Menasco, on Behalf of All Wrongful Death Beneficiaries of Seana Mitchell, Deceased v. Colten Mushinski, 361st District Court, Brazos County, Texas. Plaintiff’s decedent was a 19-year-old girl dragged to her death beneath the pickup truck of her boyfriend (the insured). The tragic facts of this case presented some real challenges for the defense. However, in a 10-2
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Happy Birthday to Us!!
Hanna & Plaut is now old enough to rent a car! Twenty-five years ago, David and I sublet some space in that lovely black box Bank of America building on 6th & Congress, put Eric Peabody in a little cubbyhole called the snack closet, and crossed our fingers in the hope that the work would come in. And it did! We’ve had our challenges over the years – don’t ever try to sell printer toner to either one of us-
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Future So Bright!
Happy New Year! I love the new year feeling. I enjoy looking back on the year that was, but I especially love thinking about what the future brings. 2022 was a banner year for Hanna & Plaut and for me. For many years, I’ve had the honor of practicing law with some of the smartest insurance coverage lawyers in the business who also happen to be good friends. More recently, I’ve also had the pleasure of practicing with young lawyers
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Two Appellate Victories to Announce!
Congrats to Hanna & Plaut’s David Plaut and Jeff Glass who posted two appellate wins this week: Denny v. Reinemund in the Amarillo Court of Appeals and Arellano v. Villegas in the Houston Court of Appeals. Denny involved a no-evidence motion for summary judgment in a premises liability case and addressed the duty of an owner/operator to business invitees. Arellano arose from the denial of a motion for new trial in a motor vehicle case with the trial court improperly
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New Year! New Us!
Press Release – Sheila S. Tan Named Partner at Hanna & Plaut, LLP Austin, TX: Hanna & Plaut, LLP, an insurance coverage boutique firm based in Austin and representing insurance carrier clients throughout the state of Texas since 1998, is pleased to announce the promotion of Sheila S. Tan to the position of Partner with the firm. Sheila has an active trial practice in insurance coverage, first and third-party bad faith and insurance defense and has been included on the
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Appellate Victory!
Hats off to Eric Peabody and David Plaut for their recent win in the Amarillo Court of Appeals in Cause No. 07-20-00300-CV, Ferrer v. Almanza (March 16, 2021). The appeal involved a statute of limitations issue and a summary judgment order dismissing the plaintiff’s claims against a defendant in a motor vehicle accident case. The Amarillo Court held CPRC § 16.063 – which tolls the running of limitations for persons “absent” from the state – did not toll limitations as
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Western District’s New Emergency COVID-19 Order Cancels Trials Through November 30th with One Big Exception
Chief Judge Orlando Garcia has issued a new emergency COVID-19 Order, dated October 14, 2020. The new Order continues all civil and criminal trials through November 30, 2020. Order at ¶1. The Order indicates these trials are being continued, at least in part, because of a “reduced ability to obtain an adequate spectrum of jurors” and “due to reduced availability of attorneys and court staff to be present in the courtrooms” because of COVID-19 and “public health considerations.” Id. at
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Texas Supreme Court Agrees to Hear UM/UIM Attorneys’ Fees Case
On Friday, October 2, 2020, the Texas Supreme Court granted Allstate’s Petition for Review in Cause No. 19-0885, Allstate Insurance Company v. Irwin, on appeal from the Fourteenth Court of Appeals. The case addresses the question of whether policyholders can recover attorneys’ fees in uninsured/underinsured (UM/UIM) cases that are pled as declaratory judgment actions. The Supreme Court’s previous decisions in Brainard and Henson would appear to foreclose recovery of attorneys’ fees in the absence of an underlying judgment establishing the
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