Articles Archive By Bob Gorsky “LYON GORSKY” WELCOMES NEW PARTNER, ASSOCIATE We are very happy to announce that effective February 1, 2004 Rhonda Cates has joined our partnership. Additionally, Phil Burleson, Jr. has joined the firm as an associate. Rhonda has been with us since her graduation from the Southern Methodist Law School in 1999 and has been an integral part of the team of lawyers representing the DPA and its membership. Phil Burleson, Jr., son of the DPA’s first attorney, Phil Burleson, Sr., practiced with Bob Baskett, John Haring and I at our former firm and adds experience representing police officers in disciplinary matters and critical incidents. Phil has also joined our critical incident emergency response rotation. Rhonda and I continue to maintain office hours at the DPA from 1:00 p.m. to 5:00 p.m. on Wednesdays and Fridays and I expect that it won’t be long before Phil joins that rotation, as well. The new firm name is Lyon, Gorsky, Baskett, Haring, Gilbert & Cates, L.L.P. _______________________________________________________ PAY LAWSUITS..... On February 4, 2004, a panel of the Dallas Court of Appeals (Justices Kerry Fitzgerald, Joe Morris and Molly Francis) heard arguments from the parties in both the Collin County and Rockwall County cases over the city’s appeal that it is immune from suit due to the doctrine of sovereign immunity. City Attorney Madeline Johnson argued that the fiscal impact of the referendum in and of itself is a basis to protect the city from a large damage judgment. Of course, the plaintiffs disagree. Attorneys Bill Boyd and Bob Lyon argued that the impact of a ruling in the city’s favor would mean that the city could ignore its contracts and disregard salary commitments made by the city council. Another argument offered was that the city’s bonds and bond rating would be in jeopardy if the city decided to disregard its objections to its bondholders. We expect that the court will look very carefully at the fact that the pay claims arise out of a referendum, which distinguishes these cases from other cases which the city uses to support its argument. There have also been courts of appeals’ decisions in other parts of the state that support a finding in favor of the police officers and fire fighters. Undoubtedly the losing party will ask the Texas Supreme Court to hear the matter. Until this issue is resolved, these cases cannot be set for trial. ________________________________________________________ MEDICAL MALPRACTICES CAP…. According to an article in The Dallas Morning News on January 26, 2004, medical malpractice insurance rates have not gone down for a majority of doctors despite the passage of Proposition 12 last year and Proposition 12 placed a cap on non-economical damages of $250,000. Keep an eye on this. _______________________________________________________ Bob Gorsky is a partner at the Dallas lawfirm of Lyon, Gorsky, Haring & Gilbert, L.L.P., 2501 Cedar Springs, Suite 750, Dallas, Texas 75201; (214) 965-0090 or e-mail Bob at: bgorsky@swbell.net. |