Proud Sponsor. of the Welcome Reception for the 2014 Texas Judicial Conference

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1 _ u etln NOlrombar let us solemnly remember the sacrifices of all those who fought so valiantly, on the seas, in the air, and on foreign shores, to preserve our heritage of freedom, and let us reconsecrate ourselves to the task of promoting an enduring peace so that their efforts shall not have been in vain. -Dwight D. Eisenhower

2 Proud Sponsor of the Welcome Reception for the 2014 Texas Judicial Conference and, this year Celebrating Our 92 nd Anniversary of Law Practice in Fort Worth Listed by Best Lawyers as one of The Best Law Firms in America with several of our attorneys listed as Best Lawyers in America, Texas Super Lawyers, and AV Preeminent by Martindale-Hubbell Aviation Law Railroad Law Construction Law Eminent Domain Law Insurance Law / Fax West Seventh Street / Suite 200 / Fort Worth, Texas 76102

3 P resident s page I once again am very proud of the Tarrant County Bar Association. As you know, we were one of the hosts for this year s Judicial Conference, which essentially included every sitting judge and justice in the State of Texas. Due to the never-ending generosity of the Bar, we were able to host a reception for several hundred judges and by Mike Henry spouses at Billy Bob s. As would be expected, it was the calmest scene that i had ever attended at Billy Bob s, and there were no fights or other excitement to spoil the evening. Of course, we got out of there fairly early. Many of the Judges stayed on the Northside a while and toured some of the sights and enjoyed some of the restaurants. it turned out very well, and we greatly appreciate the sponsors that made it happen. i also attended the Monday luncheon during the Judicial Conference. As i was jotting down some notes for my welcoming remarks, i did a little research on Tarrant County. i often read this in the paper or some periodical, but we live in one of the most dynamic counties in the country. When i moved here in 1981, the population of the entire county was about 860,000, and Fort Worth was somewhere near 350,000. Tarrant County s population is so close to 2 million now that i think we can fairly claim that number. Arlington is now as big or bigger than Fort Worth was in 1980, and the growth does not seem to be decelerating at all; to the contrary, it is keeping a steady pace. it has really been a wonderful place to live for the last 30-something years, and i would be willing to bet that for people who are just moving to town now it will be just as exciting in the 30 to come. i think all of us who appear in the courtroom, even seasoned veterans, tend to get appropriately nervous when speaking before the court or to a judge. i thought that the level of nerves would be the same whether i was speaking to one judge or 300. Boy, was i wrong. But having a courteous and receptive audience was everything. The judges were very appreciative of our hospitality and of Fort Worth generally as a site for the conference. i need to brag a little about the Tarrant County Bar Foundation. As President of the Bar Association, i am an ex-officio member of the Foundation Board and am able to attend their meetings. under the able leadership of Bob Bodoin, the Foundation Board considered and approved two grants to two very worthy causes at their last meeting. i don t want to steal their thunder, but a generous grant was given to the Mahon inn of Court for a substantial high school mock trial competition, and another grant was made to CASA of Tarrant County to assist in all of the good work they do. Speaking of the Foundation, Mattie Compton, a member of their Board, also serves on the Board of Directors for legal Aid of NorthWest Texas. She has previously served and has agreed to continue to serve on the Board of Directors. We all know what good work they do and appreciate Mattie s participation. Just a note to let you know what is coming. The Tarrant County Bar Association Board has been in discussions for some months about the manner and fashion of the publication of our monthly newsletter/bulletin. Director Nick Bettinger has taken the laboring oar in the matter and has done great work. There appears to be a substantial part of our membership that would prefer to have digital publication of the bulletins rather than traditional print. in checking with the other major bar associations, Nick has found that they are all over the board. in his research, Nick has also uncovered a format that presents the digital publication to be in a familiar page-turning format. We have already questioned our members some concerning a potential switch or choice and will be chatting with people more in the future. As with most things digital, the division seems to be age related. i don t know where the split is, i just know i come down on the paper side and i think it s a little lonesome over here. if you have an opinion about this, please drop me an at but we will be looking at this further and keeping you informed of what we are doing. We are truly fortunate to have Nick Bettinger on the Board to lead this effort. On November 12, our luncheon speaker will be Tarrant County s very own Supreme Court Justice, Debra lehrmann. She is a wonderful Justice and speaker, and attendance will be greatly worth your while. Again, my thanks to everyone for all they do for the Bar. Mike November 2014 TCBA Bulletin 1

4 C ontents Features 6 7 Tarrant County Bar Association Fax website: Officers President Michael J. Henry President-Elect David E. Keltner Vice President Robert G. West Secretary-Treasurer.... Dabney D. Bassel Elected Directors Nick Bettinger Steven K. Hayes Claudine Jackson Veterans Court Volunteer Veteran Peers Departments 1 President s Page 3 YLA Snapshot Club 6 Texas Lawyers for Texas Veterans Elected Directors Leslie Barrows John Cayce Lance Evans 4 Tarrant County Chapter November Membership Luncheon 9 Lawyer Referral and Information Service News 9 LegalLine 10 Snippets 12 TVAS Fall Family Law Event 14 New Members 15 Lawyers on the Move and in the News 15 Transition to Practice In every issue 16 Other Associations 18 Calendar of Events 20 Advertisers Index 20 Classified Advertising Cover Comment Appointed Directors Connie Hall Karmen Johnson Immediate Past President Ann Diamond Fort Worth-Tarrant County Young Lawyers Association Ryan Scharar, President (Fall 2014) Chris Stoy, President (Spring 2015) Executive Director Patricia Graham, PLS, CLAS 9 Ex-Officio Members State Bar of Texas Directors Robert E. Aldrich, Jr. J. Benjamin Barlow ABA Delegate Janna W. Clarke Bar Bulletin John F. Murphy, Editor H. Dennis Kelly, Assistant Editor Ameera Hallaq, Staff Editor Graphics/Production Park Place Enterprises, Inc About the Cover. Photographer (and TLTV Volunteer) St. Clair Newbern III, a Tarrant County attorney and TLTV volunteer, has practiced bankruptcy in the area since the late 1960s. St. Clair s interest in photography started as an undergraduate student at TCU and led to working at the Daily Texan during law school. Ultimately, St. Clair worked for United Press International in Austin as a photographer until he settled into his own legal practice in Fort Worth. St. Clair enjoys traveling and spending time with his family (including 10 grandchildren), and he takes advantage of the many photographic opportunities that arise with both pursuits. St. Clair is an active pro bono and community volunteer, and he has counseled numerous veterans through the Texas Lawyers for Texas Veterans Tarrant County Chapter. Like many, St. Clair attributes his volunteerism to the belief that attorneys have a unique obligation to give something back to their community. 2 November 2014 The Tarrant County Bar Bulletin is a monthly publication of the Tarrant County Bar Association. Articles, photos, events for the calendar, suggestions, or comments should be directed to: 1315 Calhoun Street Fort Worth, Texas Deadline for submission is the 1st day of the month, one month prior the date of the issue (e.g. April 1 for the May issue). Items for publication may be ed to in Word format. Articles published in the Bar Bulletin do not necessarily reflect the opinions of the Tarrant County Bar Association, its officers, or the Board of Directors. Calendar listings, classifieds, advertisements, and feature articles should not be considered an endorsement of any service, product, program, seminar or event.

5 YLA Snapshot Ryan Scharar President, FW-TCYLA Fall is in full swing and the Fort Worth Tarrant County Young lawyers Association ( TCYlA ), through the hard work of its Board of Directors and committed members, has been busy. On Monday, September 29, TCYlA and TCBA hosted 117 registered golfers for the annual Charity Golf Tournament at Mira Vista Country Club. everyone who attended had a great time, and TCYlA is proud to report that the tournament raised over $8,000 benefiting the Tarrant County Volunteer Attorney Services (TVAS) and Texas lawyers for Texas Veterans (TlTV) through the Tarrant County Bar Foundation. The funds will be used to support an internship for students at Texas A&M university School of law who will assist TVAS and TlTV in its efforts to serve the public. Thank you to all of our sponsors and to TCYlA Director Rob Henry for all of his hard work in organizing and coordinating this event to make it such a success. TCYlA also hosted its annual mentor program kickoff party at Whiskey & Rye on Wednesday, September 24. This partnership between TCYlA and Texas A&M university School of law pairs TCYlA lawyers with law students to introduce the students to what the practice of law is really like from the perspective of a young lawyer. The program is a hit among mentors and mentees alike. Kudos to TCYlA Director Kamryn Caldwell, who did a great job organizing the event. in addition, TCYlA received two grants from the Texas Young lawyers Association, and we will be rolling out new programs soon. The first grant is for a project titled We ve All Been There (Dealing with that Overwhelmed Feeling), designed as an outreach to our members to help them deal with the stresses of being a young professional. The second grant will go towards TCYlA s partnership with Big Brothers Big Sisters ( BBBS ) in which BBBS hosts a 3-on-3 charity basketball tournament (titled Ballin For A Cause ) raising funds and awareness for the local BBBS organization. TCYlA appreciates the time and effort of TCYlA Director Tennessee Walker, who prepared the grant requests and continues to lead the planning of these events. if you haven t yet had the opportunity to join us for one of our events, i encourage you to come out, meet your peers, and get involved. if you would like more information about TCYlA, including other Board members and details about our next happy hour location, please visit TCYlA s website at and on Facebook at https://www. facebook.com/tcyla. Ryan November 2014 TCBA Bulletin 3

6 Thank You Sponsors of the Fort Worth-Tarrant County Young Lawyers Association and Tarrant County Bar Association 2014 Annual Charity Golf Tournament Raising funds for Community Service Projects through the Tarrant County Bar Foundation Sponsorships for Texas A & M School of Law Student Internship for the TVAS and TLTV Pro Bono Programs: Adams Lynch & Loftin P.C. Bourland, Wall & Wenzel, PC The Brender Law Firm Brown, Dean, Wiseman, Proctor, Hart & Howell, LLP Capital Financial Partners Charity Golf International Trisha Graham and Aleed Rivera Harris, Finley & Bogle, P.C. Haynes and Boone, L.L.P. Michael J. Henry Kelly Hart & Hallman LLP Juris Fabrilis, Inc. M. Beth Krugler Lively & Associates, LLP Murphy Mahon Keffler Farrier, LLP Rimkus Consulting Group, Inc. Stephens, Anderson & Cummings Thompson & Knight, LLP Vick, Carney & Smith, LLP Banquet Sponsors Brackett & Ellis, P.C. Gardner Aldrich, LLP Ray McChristian & Jeans Texas A & M School of Law Thomas Roney LLC The Parker Law Firm Signage generously donated by Falcon Document Solutions 4 November 2014

7 See your name in lights!!! Become a member of the exclusive TCBA Club and see your firm s or organization s name in print in every issue of the Bar Bulletin for the remainder of this bar year! To qualify, law firms, government agencies, law schools, and corporate legal departments of four attorneys or more must have 100% of their attorneys enrolled as members of the TCBA. If your firm is not listed, please contact our Director of Membership, Cindy Rankin, at or Or at least in the TCBA Bar Bulletin! We are proud of the 100% bar membership for the following law firms and other groups! 100 Club Members Adams Lynch & Loftin, PC Albert Neely & Kuhlmann LLP Allmand Law Firm, PLLC Anderson & Riddle, LLP Bakutis McCully & Sawyer PC Barlow Garsek & Simon, LLP The Berenson Firm PC Blaies & Hightower, LLP Bourland, Wall & Wenzel, PC Boyle & Lowry, LLP Brackett & Ellis, PC Broude Smith & Jennings PC Brown, Dean, Wiseman, Proctor, Hart & Howell, LLP Bruner & Pappas LLP Cantey Hanger LLP City Attorney s Office-City of Fort Worth Cook Childrens Health Care System Cotten Schmidt & Abbott, LLP Curnutt & Hafer, LLP Dawson Parrish, PC Decker Jones McMackin McClane Hall & Bates PC Forshey & Prostok, LLP Friedman, Suder & Cooke FTSI Services Gardner Aldrich, LLP Gordon & Sykes, LLP Griffith, Jay, & Michel, LLP Harris, Finley & Bogle, PC Harrison Steck PC Haynes and Boone, LLP Holland Johns & Penny LLP Johnston Legal Group, PC Kelly Hart & Hallman LLP Koons Fuller, PC Law, Snakard & Gambill, PC Linebarger Goggan Blair & Sampson, LLP Lively & Associates, LLP Lovelace Killen, PLLC Macdonald Devin PC McDonald Sanders Law Firm Mellina & Larson, PC Moses, Palmer & Howell, LLP Murphy Mahon Keffl er Farrier, LLP Naman Howell Smith & Lee, PLLC Nelson Bumgardner Casto, PC Noteboom Law Firm Padfi eld & Stout, LLP Phelps Dunbar LLP Pope, Hardwicke, Christie, Schell, Kelly & Ray, LLP Ross & Matthews, PC Second Court of Appeals Shannon, Gracey, Ratliff & Miller, LLP Tarrant County DA s Offi ce Taylor Olson Adkins Sralla & Elam, LLP Texas A & M School of Law The Berenson Firm PC The Blum Firm, PC The Colaneri Firm, PC The Wolf Law Firm, PC Thompson & Knight, LLP Wallach & Andrews, PC Watson Caraway Midkiff & Luningham LLP Whitaker Chalk Swindle & Schwartz PLLC Whitley Penn, LLP Wilson, White & Doby, LLP Winstead PC November 2014 TCBA Bulletin 5

8 tarrant County Veterans Court offers Second Chances to those Injured in the Line of Duty Judge Carr s Veterans Court Team, left to right: Bailiff Jeff Baysinger, Leon Reed, Courtney Young, Latisha Gaten, Judge Brent A. Carr, Assistant D. A. Lloyd Whelchel, Camisha Oginni, Robert Montomery, Bailiff Sheri Reuben, Sylvia Donias. According to the Bureau of Justice Statistics it is estimated that around one million veterans of the recent iraq and Afghanistan wars have filtered through the Veterans Affairs system. Approximately 35% of these veterans returning to civilian life are at risk for mentalhealth problems with the majority of this group suffering from battle-induced Post Traumatic Stress Disorder (PTSD) or Traumatic Brain injury (TBi). The justice system has wrangled with different solutions for properly addressing the quandary of veterans whose service-induced mentalhealth problems have contributed to their justice-involved status. in Tarrant County, the Veterans Court Diversion Program, introduced by the Honorable Brent A. Carr, a veteran himself, is attempting to reconcile culpability and rehabilitation with justice for those who have suffered in the service of our nation s armed forces. Tarrant County s Veterans Court Diversion Program is directed at veterans who have committed certain low level felonies and misdemeanor offenses, which include: DWi, drug charges, theft and some domestic-violence offenses. The program is voluntary, and any veteran eligible to participate is given the option to have his or her case heard either in this special court program or on the regular court docket. Qualifying veterans must be referred to the program and must suffer from a clinically diagnosed brain injury or mental disorder such as PTSD, with this injury or disorder materially contributing to their criminal conduct. Veterans are screened for the program and are eligible to participate only if they meet certain criteria. This screening ensures a high success rate against recidivism and ultimately ensures success for the program itself. Because the program is diversion-based, if a veteran is sentenced in veterans court, he or she can avoid jail time by completing a treatment program specifically customized for their individual circumstances and recommended by the program team. When the treatment program is complete, the veteran s case is dismissed and the offense may then be expunged from their record. Participants are required to attend bimonthly compliance hearings to monitor their progress and to ensure they are attending scheduled treatments and meeting other obligations. Participants are graduated to elevated phases of the program to incentivize and mark success. Participants avoid prison time and gain access to mental-health and addiction treatment that many veterans desperately need, and expunge ment of their qualifying offense or offenses will allow veterans better access to employment, housing and education that they might have otherwise been denied due to a criminal record. texas Lawyers for texas Veterans Tarrant County Chapter Valor. Sacrifice. Liberty. Warrior. Soldiers. Heroes. those words are many times used in the same sentence with the word veteran. unfortunately, Post Traumatic Stress Disorder, Traumatic Brain injury, Depression, and Suicide are also used many times in the same sentence. Our military veterans are honored this month by dedicating a day to remember what they have done and what we owe them. let s also make it a time when we not only say thanks but show our gratitude by doing something tangible for the men, women, fathers, mothers, brothers, sis- Terry Tottenam pictured with George Muckleroy, the first TLTV Committee Chair (2012 Foundation Year), and Aleed Rivera the first TLTV Program Director. 6 November 2014

9 Our military servicemen and women have made great sacrifices in duty to their country. As lawyers, we have the opportunity to make a difference in the lives of a great many veterans and in the families of soldiers who did not return. Terry Tottenham, State Bar of Texas President, former Marine & TLTV Program Initiator. ters, sons, and daughters who have signed the dotted line and have put themselves in the line of fire. The volunteers of the Texas lawyers for Texas Veterans-Tarrant County Chapter pride themselves in saying thank you not only with words but with actions. Volunteer attorneys attend 10 clinics a year to provide advice to veterans in everyday legal matters like family law or contract law or the not-unusual bankruptcy matter or estate planning matter. Also, a group of attorneys have stepped up to represent veterans in court, administrative agencies, and other venues pro bono from referrals made through the program. it does not matter if you are still in law school, just graduated, or have been in practice for years, nor what type of law you practice, there is a p lace for you at TlTV to make an impact. Come and join TlTV. For more information, contact Megan Cooley at Connecting texas Service Members and their Families with local volunteer Veteran peers the Military Veteran Peer Network is an affiliation of service members, veterans, and family members dedicated to establishing camaraderie and trust with each other, identifying and vetting community resources, and collectively contributing to the communities where we live. Research shows that the values and processes of peer support like recovery, empowerment, and hope help individuals develop the skills they need to take charge of their lives and help to better contribute to the recovery process. The White House has recognized that peer support is an integral part of recovery for our veterans and has partnered with the DoD and other groups and agencies to further commit resources both time and money to develop programs and initiatives to support the mental health of those returning from war with a special emphasis on peer support programs. They recognize that, while all individuals can experience mental health conditions, service members, veterans, and their families may have experiences unique to their time in the military that may put them at risk. understanding military culture and the experiences of service members and their families can help community providers best serve these individuals. DoD and the VA have plans to roll out additional military cultural competency training to 3,000 community mental health providers during Fiscal Year The State of Texas has also recognized the effectiveness of peer support and now offers a certification program to provide individuals with effective tools for providing support to their peers who have had similar or shared experiences with mental illness, giving their peers understanding, encouragement, hope, assistance, and guidance that aids in recovery. A Peer Support Specialist is an individual who is in recovery himself or herself and who uses this experience to assist other individuals in their recovery. Certified Peer Specialists have gone through specialized training and passed a certification exam to demonstrate their comptence in effectivly supporting their peers who are also going through the recovery process. in Tarrant County, peer networks are a ccomplished through commitment, training, and volunteerism and are facilitated by MHMR of Tarrant County. Peers commit to having each other s backs by training in peer support and mental-health awareness so they can care for, act, and advocate appropriately. Volunteers give of their time as peers, group facilitators, and citizens committed to making a difference. In war, there are no unwonded soldiers. José Narosky If you know someone who is in need of support services, or if you would like to get involved helping others, contact Peer Services: Michael Killam: Advanced Certified Peer Specialist Program Manager- Veterans Services MHMR Tarrant / William Rivera-Vasquez: Certified Peer Specialist Regional Volunteer Coordinator for MHMR Tarrant / LaJohn McDonald: Certified Peer Specialist Vet 2 Vet Coordinator- Liberty House MHMR Tarrant / November 2014 TCBA Bulletin 7

10 Stephens, Anderson & Cummings had a lot of fun with the Fort Worth Paralegal Association s community service project for National Adoption Day coming up on November 21, The Bears and Books Program is central to Tarrant County s celebration of the day and relies on contributions from FWPA and others in the local legal community. Since 2002, this annual, oneday event has helped nearly 50,000 children nationwide move from foster care to a forever family. National Adoption Day 8:30AM - Noon FRIDAY, NOVEMBER 21, 2014 at the Family Law Center Tarrant County Courthouse Don t Forget Your Donation of a Stuffed Bear Bring bears to the TCBA office during business hours 8:30AM - 5PM, M-F 1315 Calhoun Street For more information, call TCBA November 2014 CLE Now Online Now, you can attend a CLEonline.com seminar and fully participate. A convenient way to earn ALL of your regular Participatory MCLE Credits any time day or night using your laptop or mobile device, attend while at your office, home or while traveling you choose the blocks of time to fit your schedule you decide how much of the materials to download no travel time interactive tcba MeMBeRS ReCeIVe A 25% DISCoUnt or call for your TCBA memberhip discount code

11 Justice Debra H. Lehrmann november Membership Luncheon WeDneSDAY november 12, 2014 at the Fort Worth Club 11:45 am Guest Speaker will be texas Supreme Court Justice Debra H. Lehrmann. She will be discussing Supreme Court of Texas Update: Pre-Trial Discovery Expert Reports, or the maintenance man, the yard man and the Orkin man. With an address by TCBA President Mike Henry to Tarrant County Veterans in honor of Veterans Day. Lawyer Referral and Information Service News Why Join? each call is carefully screened to ensure you receive more qualified referrals. We receive approximately calls a day which qualify as client referrals, with the other callers referred to legal aid or other programs or resources so you don t have to! Referrals are made on rotation and based on the part of Tarrant County you service and the subject areas in which you engage. We are always happy to review and update your customized preferences as they change, so that you will always receive the most relevant referrals possible. Callers who indicate they are looking for low or no cost legal assistance are directed to a pro bono service or other resource. What is my obligation? lris members agree to provide all referred clients with an initial consultation of up to a half an hour for no more than a $20 fee, which is yours to keep. After the initial consultation, if you and the client agree to continue with the case, your standard fees apply for the services you provide. On any referral from lris that results in a case that generates attorney fees of $750 or more, 15% of the total fees are to be remitted back to lris. If you are interested in learning more about joining the LRIS, please call or LRIS would like to thank the following attorneys who have paid referral fees since last reported: Josh Borsellino, Neal Callaway, Tawanna Cesare, Kelly Curnutt, Wes Dauphinot, James Jinks, Yani Martinez, and Dwayne Smith. Thank you all!! if you need a referral or if you need to refer a client to lris, please use our dedicated lris line, ! We Volunteer your time and skill to a valuable community service outreach program. To participate, call Carolina at or Bring a friend Thanks to our September LegalLine Volunteers!! Perry Abbott Norma A. Bazan Nick Bettinger Joe Colvin John Corbin really Sylvia Duarte J. Evan Farrior Wayne Fowler Brad Hendricks George Lockwood Dinner served at 5:30 p.m. for all volunteers! need You! Francis Nathan Scott Phillips Michael J. Remme Melissa Scherer Ben Westbrook 6 p.m. to 8 p.m. the 2nd & 4th thursday of every month November 2014 TCBA Bulletin 9

12 Snippets Civil and Criminal by Justice Bob McCoy 2nd Court Of Appeals Who s that Street named After? Riverside Drive The street now known as Riverside Drive was formerly Highway 15 to Retta Avenue, Riverside from Retta to lancaster Avenue, Maidstone Street from lancaster to Vickery Boulevard, Renner Avenue from Vickery to elmwood Avenue, and elmwood to the city limits. They were all changed to Riverside on October 21, Ask Judge Bob Judge Bob, what is the corpus delecti rule? The corpus delicti rule requires some corroboration of a confession with evidence of a harm brought about by the criminal conduct of some person. McCann v. State, 433 S.W.3d 642, 646 (Tex. App. Houston [1st Dist.] 2014). Ask the Danes Ramses and Moses, can a dog owner be strictly liable for the actions of his pet? Yes, the elements of a strict liability cause of action for injury caused by a dangerous domesticated animal are (1) the defendant was the owner or possessor of the animal; (2) the animal had dangerous propensities abnormal to its class; (3) the defendant knew of had reason to know the animal had dangerous propensities; and (4) those propensities were a producing cause of the plaintiff s injury. Thompson v. Curtis, 127 S.W.3d 446, 451 (Tex. App. Dallas 2004, no pet.). Moses Ramses CIVIL IteMS of InteReSt the Danes Quote of the Month For me a house or an apartment becomes a home when you add one set of four legs, a happy tail, and that indescribable measure of love we call a dog. Roger Caras, former President of the ASPCA 1. Disclaimer of Implied Warranties Disclaimer of implied warranties is an affirmative defense that cannot be raised on appeal if it was not raised in the trial court. MAN Engines & Components, Inc. v. Shows, 434 S.W.3d 132, 136 (Tex. 2014). 10 November Implied Warranties [A] downstream purchaser cannot obtain a greater warranty than that given to the original purchaser, so if the manufacturer at the point of original sale makes a valid disclaimer of implied warranties, that disclaimer extends to subsequent purchasers. MAN Engines & Components, Inc. v. Shows, 434 S.W.3d 132, 140 (Tex. 2014). 3. Defamation [G]eneral damages in defamation cases are non-economic damages such as for loss of reputation while special damages are economic damages such as for lost income. These delineations remain constant, too, for business disparagement a tort that seeks to protect the economic interests and which expressly requires a showing of special damages. Waste Mgmt. of Tex., Inc. v. Tex. Disposal Sys. Landfill, Inc., 434 S.W.3d 142, 155 (Tex. 2014). 4. Injury to Reputation We recognize that assessing injury to reputation is an inexact measurement, but the jury is not unconstrained in its discretion. Awards must both be fair and compensate the plaintiff for the injury, and must not amount to disguised disapproval of the defendant. Waste Mgmt. of Tex., Inc. v. Tex. Disposal Sys. Landfill, Inc., 434 S.W.3d 142, 161 (Tex. 2014). 5. Health Care Liability Claim [W]e hold that, under binding precedent from the Supreme Court of Texas and from this court, the plaintiff s slip-and-fall claim is a health care liability claim. Mem l Hermann Hosp. Sys. v. Galvan, 434 S.W.3d 176, 178 (Tex. App. Houston [14th Dist.] 2014). 6. Collateral estoppel Collateral estoppel applies when an issue decided in the first action is actually litigated, essential to the prior judgment, and identical to an issue in a pending action.... Courts apply collateral estoppel principles to arbitration awards. Casa Del Mar Ass n, Inc. v. Gossen Livingston Assocs., Inc., 434 S.W.3d 211, 219 (Tex. App. Houston [1st Dist.] 2014) (internal citations omitted). 7. testimonial Admissions A judicial admission is an assertion of fact, usually found in pleadings or stipulations of the parties, that acts as a formal waiver of proof. A party s testimonial declarations which are contrary to his position generally are admissions, but they are not outcome-determinative judicial admissions. Testimonial admissions are not ab-

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