The Dirty Verdict

🎃 Lawsuits, Laughs & Legal News — Halloween Edition of The Dirty Verdict Podcast!

What do a cow tooth in a taco, a disappointing Reese's pumpkin, and Terrell Owens have in common? They're all making legal headlines!

In our Halloween edition, Peter Taaffe, Bill Ogden, and Kyle Herbert tackle some of the strangest lawsuits and legal stories in the news.

⚖️ This week's lineup:

🎃 Reese's Pumpkin Lawsuit — Can you sue because your Halloween candy doesn't look like the picture on the wrapper?

🌮 Cow Tooth in a Torchy's Taco — An Austin woman sues after discovering a cow tooth in her barbacoa. What's a case like that actually worth?

📹 Hidden Camera at Planet Fitness — A woman alleges she was secretly recorded in a private tanning room. We discuss potential damages and the facility's responsibility.

🏈 Terrell Owens Sued for Defamation — When do social media accusations cross the line from protected opinion to actionable defamation?

🛒 Vigilante Group Sued After H-E-B Confrontation — A former CEO sues after a confrontation with a group targeting alleged online predators.

💍 Wedding Venue Refuses Refund After Groom Dies — Does the doctrine of frustration of purpose excuse performance under a wedding contract?

Plus, an alleged $1 million insurance adjuster fraud, solar panel scams, amusement park liability, and more.

Serious legal issues. Ridiculous facts. Plenty of questionable Halloween costumes.

Join us for another entertaining News Edition of The Dirty Verdict Podcast.

🎧 Watch or listen on YouTube, Apple Podcasts, Spotify, Amazon Music, or wherever you get your podcasts.

#TheDirtyVerdict #LegalNews #TexasLaw #Litigation #TrialLawyers #Podcast

What really happens behind the scenes when an insurance company gets sued? And what can plaintiff lawyers do to get cases settled faster?

On this episode of The Dirty Verdict Podcast, Peter Taaffe and Kyle Herbert sit down with two experienced insurance defense attorneys, Stew Schmella of the Lanza Law Firm and Chris Papadopoulos of Adams and Reese, for a candid, entertaining look at the other side of the docket.

The conversation pulls back the curtain on how insurance companies and their lawyers evaluate lawsuits, establish reserves, make settlement decisions, and prepare cases for trial.

Topics include:

⚖️ How insurance companies value lawsuits — What reserves are, how they're established, and why they matter when negotiating settlements.

⚖️ Do defense lawyers deliberately delay cases? — Our guests respond to the perception that hourly billing encourages unnecessary litigation.

⚖️ What plaintiff lawyers can do to settle cases faster — Practical advice about sharing medical records, communicating with defense counsel, and preparing for mediation.

⚖️ Why likability matters at trial — A remarkable story about a $185,000 jury verdict in a case with difficult liability facts.

⚖️ What drives defense lawyers crazy — From last-minute medical records to deposition tactics and unnecessary discovery disputes.

⚖️ Trial strategy and expert witnesses — Some entertaining courtroom stories and lessons about evaluating witness credibility and challenging experts.

Whether you're a plaintiff lawyer, defense lawyer, mediator, or simply curious about how the legal system works, this episode offers practical insights, plenty of humor, and a better understanding of what happens on both sides of a lawsuit.

Subscribe to The Dirty Verdict Podcast for candid conversations with trial lawyers, judges, and other legal professionals about the cases, controversies, and personalities shaping the legal world.

🎙️ Available on Apple Podcasts, Spotify, Amazon Music, and wherever you listen to podcasts.

#TheDirtyVerdict #InsuranceDefense #TrialLawyers #PersonalInjury #TexasLaw #Litigation #Mediation

This week on The Dirty Verdict:

Grant Cardone is battling Susman Godfrey—and his post-deposition social media videos may be making things even more interesting.

The explosive Cornell Seven lawsuit raises new questions about a sexual-assault investigation that resulted in no criminal charges.

Plus, we're warning you about a frightening jury-duty scam that could cost you thousands.

A troubling "fight club" lawsuit

And finally—Smucker's versus Trader Joe's. Is a frozen PB&J trademark infringement if it's a…"squirkle"?

Peter, Bill and Kyle break it all down on the new Dirty Verdict Podcast.

In this episode, Adam Funk joins hosts Peter Taaffe, Bill Ogden and Kyle Herbert and gives his insight into medical malpractice law, including common cases, legal procedures, and the impact of tort reform in Texas. Listeners will learn about the nuances of medical malpractice claims, legal strategies, and recent legal developments.

Key Topics:

-- Medical malpractice standards and common cases

-- Legal procedures including notice letters and expert reports

-- Impact of tort reform and damages caps in Texas

-- Strategies for handling malpractice claims and damages

-- Recent legal cases and appellate decisions

Chapters

00:00 Introduction to Adam Funk and Medical Malpractice 02:11 Common Types of Medical Malpractice Cases 04:07 Legal Procedures: Notice Letters and Expert Reports 07:01 Impact of Tort Reform and Damages Caps in Texas 09:50 Handling Catastrophic and Caped Cases 15:04 Discovery Challenges and Appellate Issues 20:12 Notable Cases and Legal Strategies 24:52 Economic Damages and Future Medical Care 30:07 Infection, Misdiagnosis, and Other Common Claims 34:55 Impact of AI and Future of Medical Malpractice Law

"You can go broke by answering the phone and saying yes to everybody."

On this week's Dirty Verdict Podcast, we sat down with two lawyers who left established firms to hang their own shingle: Matt Mendoza (Mendoza Law Firm, ~2 years in) and Hogan Leatherwood (soon to be Leatherwood & Schindler, ~1 year in).

No fluff. Just the real numbers and the real mistakes.

𝗧𝗵𝗲 𝗺𝗼𝗻𝗲𝘆 𝗾𝘂𝗲𝘀𝘁𝗶𝗼𝗻 → Both funded their launch from savings, not loans. Banks want collateral you don't have yet. → First fee after opening: 3-4 months if you're lucky, 8-18 months is the norm. → Rule of thumb: don't leave money in the operating account. It'll get spent. Pay yourself first.

𝗪𝗵𝗲𝗿𝗲 𝘁𝗵𝗲 𝗳𝗶𝗿𝘀𝘁 𝗰𝗮𝘀𝗲𝘀 𝗰𝗼𝗺𝗲 𝗳𝗿𝗼𝗺 → Not billboards. Not social media. Referrals from people who trusted the lawyer, not the firm name on the door. → Leaving your old firm on good terms pays dividends for years — both guys still get referrals from former employers.

𝗢𝗻 𝗴𝗿𝗼𝘄𝗶𝗻𝗴 𝘁𝗵𝗲 𝘁𝗲𝗮𝗺 → Hire incrementally. Project your case load 3-6 months out before adding headcount. → A good paralegal is worth their weight in gold — and worth paying like it. → Zero employees is a legitimate model too. Case management software and AI tools can cover a lot of ground for a true solo.

𝗧𝗵𝗲 𝗿𝗲𝗹𝗮𝘁𝗶𝗼𝗻𝘀𝗵𝗶𝗽 𝘁𝗵𝗮𝘁 𝗺𝗮𝘁𝘁𝗲𝗿𝘀 𝗺𝗼𝘀𝘁 → Find a banker before you need one. Every guest on this topic said the same thing: the relationship has to exist before the emergency does. → Smaller, relationship-driven banks tend to move faster for small firms than the big names.

𝗧𝗵𝗲 𝗿𝗲𝗴𝗿𝗲𝘁𝘀 → Both wish they'd started sooner. → Both wish they'd been more selective about which cases they took early on — the "take every call" instinct almost always costs more than it earns.

If you're a lawyer thinking about opening your own shop — or you just opened one and you're white-knuckling it — this episode is worth the hour.

The Dirty Verdict takes on the highly publicized Lindsey Clancy murder trial and the legal battle surrounding her insanity defense.

Peter Taaffe, Kyle Herbert, and Bill Ogden are joined by Houston criminal defense attorney Anthony Osso to break down the case, the evidence presented at trial, and the extraordinary circumstances surrounding a jury that appears hopelessly deadlocked.

The group examines the prosecution's argument that Clancy understood the wrongfulness of her actions, including evidence surrounding her husband leaving the home before the deaths of their three children. They also discuss the defense's contention that Clancy was suffering from severe postpartum mental illness and could not legally appreciate or control her actions.

Anthony explains how insanity defenses work, what happens when a defendant is found not guilty by reason of insanity, and the important differences between Massachusetts and Texas law. The conversation also explores the reported 11–1 jury split, the lone holdout juror, whether a judge can replace a juror during deliberations, and why Clancy's defense attorney may have preferred continued deliberations over a mistrial.

The episode concludes with a look at what could happen next if a mistrial is declared, the likelihood prosecutors retry the case, and how the related civil lawsuits against Clancy's medical providers could potentially intersect with future criminal proceedings.

Highlights

00:00 – Introduction & Overview of the Lindsey Clancy Case 01:05 – The Insanity Defense and the Prosecution's Burden 03:30 – Patrick Clancy's Testimony & Evidence Surrounding the Killings 10:05 – Postpartum Mental Health, Medical Providers & Claims the System Failed Her 12:45 – Prison vs. a Mental Health Facility After an Insanity Verdict 14:55 – The Deadlocked Jury and Reported 11–1 Split 15:55 – Why the Defense May Want Continued Deliberations Instead of a Mistrial 20:10 – Would Prosecutors Retry Lindsey Clancy After a Mistrial? 22:30 – The Unusual Appeal and Attempt to Stay the Mistrial 23:10 – Can the Judge Remove and Replace the Holdout Juror? 25:35 – Civil Lawsuits Against Medical Providers & Their Impact on the Criminal Case 29:00 – What Happens Next in the Lindsey Clancy Case?

Subscribe to The Dirty Verdict for more conversations about major trials, legal news, courtroom strategy, and the stories behind some of the most talked-about cases in the country.

In this episode of The Dirty Verdict, Peter Taaffe, Bill Ogden, and Kyle Herbert return for a wide-ranging legal news roundup covering some of the strangest lawsuits, biggest verdicts, and most consequential legal questions making headlines.

The episode opens with a truly unforgettable lawsuit against Popeyes involving a "condom-like" foreign object allegedly found inside a piece of fried chicken. From there, the conversation turns to the latest developments in the Watson Grinding explosion litigation, including a remarkable story involving a defense expert whose use of ChatGPT was uncovered during discovery. The hosts examine what the incident could mean for expert witnesses, attorneys, AI-generated work product, and the future of legal discovery.

The guys also break down a massive $604 million trucking verdict, discussing the expanding potential liability of freight brokers, insurance coverage, Stowers demands, excess exposure, and how these rulings could affect companies throughout the transportation industry.

Later, the conversation moves through Houston nightclub lawsuits, a Harris County Children's Museum injury case, Buc-ee's latest trademark fight, and Jayden Daniels' dispute with LSU over the use of his name and likeness. The episode closes with a debate over whether an alleged assault by a surgeon could qualify as medical malpractice and a controversial $150 million federal contract involving legal representation for unaccompanied immigrant children.

As always, Peter, Bill, and Kyle mix serious legal analysis with irreverent commentary, trial-lawyer perspective, and plenty of arguments along the way.

• 00:44 – Popeyes Sued Over a "Condom-Like" Object in Fried Chicken

• 07:45 – Watson Grinding Explosion Verdict & the 3M Litigation

• 10:28 – Defense Expert's ChatGPT Prompts Exposed in Discovery

• 22:35 – The $604 Million Trucking Verdict & Broker Liability

• 29:42 – Policy Limits, Stowers Exposure & Insurance Coverage

• 35:08 – Houston Nightclub Lawsuits & Security Incidents

• 40:07 – Harris County Takes on the Children's Museum

• 42:17 – Buc-ee's vs. Beaver Mini Mart

• 46:16 – Jayden Daniels, LSU & the Fight Over Name and Likeness

• 51:01 – Is an Alleged Surgeon Assault "Medical Malpractice"?

• 54:13 – The Controversial $150 Million Immigration Legal Contract

On this episode of The Dirty Verdict, Kyle Herbert and Bill Ogden sit down with attorney and mediator Sherra Gilbert for a wide-ranging conversation about the experiences that shaped her career, what she has learned from practicing on both sides of the courtroom, and why preparation can make or break a case long before anyone gets to trial.

Sherra shares her journey from growing up in Laredo, Texas, to attending the University of Texas and eventually earning her law degree from Thurgood Marshall School of Law. She discusses beginning her legal career in immigration law, where removal proceedings gave her valuable bench trial experience, before moving through plaintiff-side personal injury, workers' compensation, insurance defense, commercial litigation, and ultimately mediation.

The conversation dives into Sherra's years with Farmers Insurance, where she deliberately pursued as much trial experience as possible and developed an appreciation for the ethical responsibility defense attorneys owe to the insured—not simply the insurance carrier. After nearly a decade of insurance defense work and additional experience handling commercial and trucking cases, Sherra transitioned toward mediation, becoming board certified and beginning her mediation practice in 2019.

From there, the group gets into the realities of modern personal injury litigation: attorneys arriving at mediation unprepared, cases sitting unresolved because nobody has properly evaluated them, unrealistic expectations about case value, and the importance of understanding a case from both the plaintiff and defense perspectives. Sherra explains why a mediator's outside perspective can expose weaknesses the lawyers handling a case every day may no longer see.

They also discuss the increased pressure Texas courts are putting on attorneys to move cases toward trial, how aggressive trial settings are changing settlement dynamics, and why attorneys who prepare their cases early may actually benefit from the faster pace. Sherra explains how looming trial dates are creating urgency around mediation and forcing both sides to take a hard look at the strengths and weaknesses of their cases.

As always, the legal discussion comes with plenty of Dirty Verdict detours, courtroom stories, friendly shots at fellow attorneys, and the kind of unscripted conversation that happens when Kyle and Bill are left mostly unsupervised.

03:27 — Growing Up in Laredo & Learning Spanish Sherra discusses moving to Laredo as a child, growing up in a family of educators, becoming fluent in Spanish, and how that background later became an advantage in her legal career.

12:42 — From UT to Law School After graduating from the University of Texas at only 20 years old, Sherra works in marketing, commercial printing, and copier sales before pursuing the legal career she had long envisioned.

19:34 — Thurgood Marshall & Breaking Into Immigration Law Sherra explains attending Thurgood Marshall School of Law, the strength of its alumni community, and how speaking Spanish drew her toward immigration law and removal proceedings.

24:59 — Moving From Immigration to Personal Injury After gaining extensive bench trial experience in immigration, Sherra moves into plaintiff-side personal injury and workers' compensation while searching for the kind of litigation work that fit her competitive personality.

28:20 — Farmers Insurance & Learning to Try Cases Sherra joins Farmers specifically to gain jury trial experience, taking on JP cases and other matters whenever she could in order to become comfortable trying cases in front of judges and juries.

33:05 — The Ethical Duty of Insurance Defense Lawyers Sherra discusses one of the biggest lessons from her defense career: although an insurance carrier may be paying the bill, the lawyer's ethical obligation belongs to the insured.

35:42 — Becoming a Mediator After becoming board certified and spending more than eight years with Farmers, Sherra begins mediating in 2019 and brings her plaintiff and defense experience into the mediation room.

36:37 — How Lawyers Sabotage Their Own Cases Sherra explains how poor preparation hurts both sides—from plaintiffs failing to present important evidence to defense attorneys arriving at mediation without adequate authority or a meaningful case evaluation.

39:09 — Why Sherra Still Tries Cases Despite focusing heavily on mediation, Sherra discusses returning to the courtroom, trying a recent case with Kim Spurlock, and why continuing to litigate helps her stay connected to what attorneys and clients are experiencing.

41:35 — Catastrophic Injuries vs. Everyday PI Cases The group discusses the major difference between genuinely catastrophic injury cases and routine soft-tissue claims, along with the challenges of managing litigation expenses when policy limits are relatively small.

42:48 — Courts Are Pushing Cases to Trial Faster Sherra, Kyle, and Bill examine the growing pressure on lawyers to move cases, judges becoming less willing to grant continuances, and why attorneys who prepare early have a major advantage when a court suddenly says, "You're going to trial."

46:21 — Why Trial Dates Make Mediation More Effective Sherra explains how firm trial settings create urgency, force lawyers to evaluate cases seriously, and make mediation an important opportunity for an independent third party to identify problems both sides may have overlooked.

47:45 — Mediator's Proposals & What a Case Is Really Worth The episode closes with a discussion about mediator's proposals, why they aren't necessarily a declaration of a case's true value, and how circumstances can change dramatically between mediation and the eventual settlement.

On this episode of The Dirty Verdict, hosts Peter Taaffe and Kyle Herbert welcome attorney and mediator Leigh Lewis to discuss her transition from a successful insurance-defense practice to full-time mediation.

Leigh reflects on growing up in Midland, Texas, studying environmental management at Duke University, attending the University of Texas School of Law, and building a litigation career that included approximately 30 jury trials and 16 years with Walters, Balido & Crain.

The conversation includes some of Leigh's most unusual product-liability cases, the realities of preparing unpredictable clients for trial, and what plaintiff attorneys can do to improve their chances of reaching a favorable settlement at mediation. Leigh also offers a behind-the-scenes perspective on how defense attorneys and insurance carriers evaluate claims, witnesses, medical records, experts, venues, opposing counsel, and potential jury verdicts.

The episode concludes with a discussion about overwhelmed court dockets, Leigh's decision to leave litigation for mediation, and the growing opportunities and privacy concerns surrounding the use of artificial intelligence in legal cases.

00:00 — Introducing Leigh Lewis and Her Move to Mediation

03:34 — Growing Up in Midland and the Path to Law School

10:04 — Building a Career in Insurance-Defense Litigation

12:18 — Leigh's Most Unusual Product-Liability Cases

19:18 — Jury Trials, Client Preparation, and Unpredictable Witnesses

25:21 — How Plaintiff Attorneys Can Prepare for a Successful Mediation

37:01 — How the Plaintiff and Defense Bars Share Information Differently

47:26 — Leaving Litigation, Becoming a Mediator, and the Use of AI in Legal Cases

In this episode of The Dirty Verdict, Peter Taaffe and Bill Ogden sit down with attorney Anthony Vessel of Marc Whitehead & Associates for a deep dive into a practice area many lawyers encounter but few truly understand: disability benefits, insurance denials, Social Security disability, veterans disability claims, and ERISA litigation.

Anthony walks through how he found his way from Beaumont, Texas, to Texas A&M, South Texas College of Law, and ultimately into the highly specialized world of disability and benefits law. The conversation breaks down the realities of long-term disability policies, the challenges claimants face when insurance companies deny benefits, and why ERISA cases can be so difficult for plaintiffs.

The discussion also covers life insurance disputes, Social Security disability hearings, veterans disability claims, administrative law judges, and the importance of building a strong record before a case ever reaches federal court. Anthony also shares how his firm uses the Entrepreneurial Operating System to manage teams, track progress, and keep cases from falling through the cracks.

The episode wraps with Anthony's passion for mediation, the value of trust in resolving cases, and why lawyers should know who to call when disability, VA, Social Security, or benefit denial issues come across their desk.

Major Topics Discussed

• 00:00:14 — Introduction to Anthony Vessel and Marc Whitehead & Associates

• 00:02:16 — Anthony's Beaumont background and early legal influences

• 00:05:00 — College, baseball, and the road to law school

• 00:09:00 — How Anthony entered disability and benefits law

• 00:12:25 — Long-term disability claims, ERISA, and insurance denials

• 00:15:14 — Life insurance claims and accelerated benefit disputes

• 00:22:41 — Social Security disability and private disability coverage

• 00:30:38 — Veterans disability claims and service-connected impairments

• 00:35:31 — Social Security hearings and administrative law judges

• 00:43:05 — Law firm leadership, EOS, and team organization

• 00:54:17 — Case value, referrals, and "triple threat" disability clients

• 00:56:09 — Anthony's mediation work and ADR background

• 01:00:20 — Mediation in disability cases and settlement strategy