The Continuing Saga of Lord Browne's Deposition

Posted on February 24, 2007 by Dwayne Newton

This week, the Texas Supreme Court issued a stay order, staying the deposition of Lord Browne, the former CEO of British Petroleum. This was issued in response to the February 9, 2007 order of a lower appellate court that denied BP’s Petition for Writ of Mandamus to Quash the deposition.  This is an issue I wrote about when it first arose last fall.  See Taking the CEO's Deposition.   This has been an on again – off again issue.  The Supreme Court has asked for briefing and will likely entertain oral arguments on this issue. I will be surprised if the Supreme Court orders the deposition to go forward.  This is a very pro-business Supreme Court. In addition, current authority strongly supports the BP position on this issue.

 

From my observations, I don’t think the Plaintiffs really care whether they get Lord Browne’s deposition or not.  BP has already stipulated to liability for the explosion and any potential punitive damages are subject to a very strict cap.  The real strategy here is to make life as uncomfortable as possible for BP and its lawyers to drive a better bargain in settlement.  So far this strategy has been very effective. Every time this issue comes up, more cases are settled.  The two cases that were set for trial on Monday were just settled.  Although the settlements are confidential, I am sure they were very favorable for the Plaintiffs.

I look for some type of agreement to be reached to postpone the deposition of Lord Browne further. This takes the decision out of the Supreme Court’s hands and leaves the potential for a future deposition still available. The last thing the Plaintiffs want is a ruling from the Supreme Court on this issue. A ruling from the Supreme Court would most likely be against the Plaintiffs and once it is handed down, the threat of Lord Browne’s deposition is over.

For more on apex depositions in Texas see In re Daisy Manufacturing, 17 S.W.3d 654 (Tex. 2000).

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What Should You Do If You Are Sued?

Posted on January 13, 2007 by Dwayne Newton

I was recently asked by a business acquaintance what he should do in the event he is sued.  I gave him a copy of our firm's pamphlet called The Legal Survival Guide which answers a number of basic legal questions  If you would like a copy of this pamphlet send me an e-mail with your name and address and I will drop one into the mail for you.

Here is what I told him about the steps that should be taken in the event he was sued:

1.     Don’t ignore the suit! Once you have been served there is a specific time period in which the suit must be answered. In some cases it is as short as 10 days. If a timely answer is not filed, you may lose by default.

2.     Don’t call the other lawyer or person who has sued you without consulting your own attorney.  Statements you make to the lawyer or other party can be used against you.

3.     If the suit is covered by insurance, call your insurance agent or carrier immediately. Most auto accidents are covered under automobile insurance.  Other personal injury suits may be covered by your homeowner’s policy. If covered, your insurance company will hire a lawyer for you.

4.     If the suit is not covered by insurance, consult with an attorney immediately. In choosing your attorney, you should consult with one experienced in the handling of civil lawsuits.  Ask the attorney about his/her experience.

5.     Turn over all of the papers served on you to your insurance carrier or attorney.

6.     Follow up with your insurance carrier or attorney to make sure that a timely answer has been filed.

7.     Cooperate fully with your attorney or insurance carrier in the defense of the suit.

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