Texas Liquor Liability Practice Manual
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Spencer Markle is a veteran trial lawyer with more than 30 years of litigation experience, and has handled over 100 jury trials, and over 100 dram shop cases from both sides of the docket, including the seminal case, FFP Operating Partners v. Duenez.
Markle explains the process from initial investigation through a jury trial.
• Summarizes pertinent statutes and case law
• Offers evaluation, prosecution, and defense strategies
• Speaks to potential benefits and pitfalls of expert testimony
• Includes sample forms on CD
Markle adds valuable practice pointers with this edition!
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Table of contents
Chapter 1: Traditional Common Law Immunity and the Origins of Texas Dram Shop Liability
Chapter 2: The Statutory Cause of Action Section 2.02 Texas Alcoholic Beverage Code
Chapter 3: Traditional Common Law Social Host Immunity
Chapter 4: Statutory Social Host Liability, Texas Alcoholic Beverage Code Section 2.02c
Chapter 5: the Exclusivity of the Cause of Action, Texas Alcoholic Beverage Code Section 2.03
Chapter 6: The Recovery of Exemplary Damages
Chapter 7: The Safe Harbor Affirmative Defense, Texas Alcoholic Beverage Code Section 106.14
Chapter 8: Duenez and the Proportionate Responsibility Act: Application to Dram Shop Cases
Chapter 9: Evaluating the Potential Dram Shop Case From the Plaintiff's Perspective
Chapter 10: Pre-Litigation Investigation and Preparation
Chapter 11: Preparation of Plaintiff's Original Petition and Strategic Considerations From the Plaintiff's Perspective
Chapter 12: The Filing of a Contemporaneous Complaint With the Texas Alcoholic Beverage Code
Chapter 13: Defendant's Official Answer and Strategic Considerations for the Defense
Chapter 14: Written Discovery
Chapter 15: Depositions
Chapter 16: Toxicology and Expert Testimony
Chapter 17: Motion in Limine
Chapter 18: Jury Selection
Chapter 19: Trying the Dram Shop Case to a Jury
Appendix: Texas Alcoholic Beverage Code
Table of Cases