The Dirty Verdict

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

In this episode of The Dirty Verdict, Peter Taaffe, Bill Ogden, and Kyle Herbert sit down with Laura Hollingsworth, Dana Levy, Leah Graham, and Daniel Dutko for a deep dive into the civil case surrounding the tragic death of Angels pitcher Tyler Skaggs.

The panel breaks down the facts behind the case, the role of Angels communications director Eric Kay, the evidence that revealed a broader culture of drug access inside the organization, and the uphill battle of proving negligence against a Major League Baseball franchise. From third-party subpoenas and deleted text messages to emotional witness testimony and a jury question that changed the trajectory of the case, the guests walk through what it took to fight for accountability on behalf of Tyler's family.

The conversation also touches on the Ken Paxton impeachment trial, the unique dynamics of a massive trial team, the personal responsibility defense, fentanyl in professional sports, and whether Major League Baseball has done enough to address the systemic issues exposed by the case.

Main Highlights:

• The largest guest panel in Dirty Verdict history
• Laura Hollingsworth, Dana Levy, Leah Graham, and Daniel Dutko join the show
• Behind-the-scenes stories from the Ken Paxton impeachment trial
• The origin of the Tyler Skaggs civil case
• How Eric Kay's role with the Angels became central to the litigation
• Evidence that Kay was providing opioids to multiple players
• The challenge of proving the Angels knew, or should have known, what was happening
• Why the case was not simply about "personal responsibility"
• The significance of the criminal trial and Kay's 22-year sentence
• The difference between an intentional overdose and a fentanyl poisoning
• The role of the Angels' team doctor and the opioid prescriptions connected to Kay
• Discovery battles, deleted texts, and third-party subpoenas
• Camilla Kay's testimony and the evidence found through her phone
• The structure of the trial team and each lawyer's role
• The three-and-a-half-month trial in Orange County
• The jury question about punitive damages that shifted settlement pressure
• The emotional burden on Tyler Skaggs' family
• How the trial exposed deeper questions about drug use in professional sports
• MLB, the players union, and opioid testing after Tyler's death
• Whether the Angels and Major League Baseball have truly learned from the case

In this episode of The Dirty Verdict, hosts Kyle Herbert, Peter Taaffe, and Bill Ogden sit down with trial attorney Trey Barton for a wide-ranging conversation about his path from teacher and coach to plaintiff's lawyer, opening his own firm right as COVID hit, and building a practice largely through attorney referrals.

Trey walks through several recent verdicts, including a wrongful death/DWI case in Fayette County, a workplace foot-crush injury involving medical equipment, a commercial vehicle collision, and a bicycle injury case. Along the way, the group digs into trial strategy, jury selection, high-low agreements, damages arguments, corporate reps, deposition clips, and what makes a client's story connect with a jury

Topics Discussed

00:00:15 — Introduction to Trey Barton

00:02:05 — Growing Up in La Grange, Texas

00:04:39 — From A&M to Teaching and Coaching

00:06:53 — Deciding to Go to Law School

00:08:05 — Discovering Trial Work

00:08:24 — Working Full-Time During Law School

00:09:32 — Defense Work and Learning the Other Side

00:10:26 — Opening His Own Firm in 2020

00:13:28 — Starting a Firm During COVID

00:17:35 — Building a Referral-Based Practice

00:21:04 — Wrongful Death/DWI Case in Fayette County

00:23:06 — Jury Selection in a Small Community

00:26:36 — Talking About DWI, Damages, and Accountability

00:28:06 — A $6.95 Million Verdict and Closure for the Family

00:32:52 — Nurse's Foot-Crush Injury Case

00:36:13 — Medical Testimony and Proving Nerve Damage

00:38:40 — Trial Strategy with Witnesses and Liability

00:42:46 — $4.49 Million Verdict Without Economic Damages

00:43:10 — Per Diem Damages Arguments

00:45:19 — High-Low Agreements and Waiver of Appeal

00:47:09 — Commercial Vehicle Collision Case

00:48:27 — TBI, Herniations, and a Subsequent Accident

00:50:53 — Telling the Client's Story

00:52:03 — Handling Preexisting Mental Anguish

00:53:10 — Auto vs. Bicycle Injury Case

00:55:35 — $500,000 Bicycle Case Verdict

00:56:04 — Trey's Current Trial Docket

00:56:42 — Keeping Trials Short and Focused

00:58:29 — Final Thoughts and Contact Information

On this episode of The Dirty Verdict Podcast, hosts Peter Taaffe, Kyle Herbert, and Bill Ogden welcome back Erica Rose and Chuck Sanders of Rose Sanders Law Firm for a wide-ranging, hilarious, and surprisingly thoughtful conversation.

The group catches up on Rose Sanders' expansion into California, the differences between handling injury cases across states, and the realities of building a multi-state law practice. From there, the conversation moves through Disney trips, law firm growth, AI in legal work, defamation cases involving major public figures, and the serious legal concerns around AI-generated explicit images involving minors.

Erica also shares updates on her advocacy work, her family's connection to the entertainment industry, and her daughter's experience filming a Christmas movie in Los Angeles. The episode closes with reality TV talk, Houston's entertainment potential, hiring challenges in law firms, and the usual Dirty Verdict mix of legal insight, sarcasm, and unfiltered banter.

00:00 – Welcome Back Erica Rose and Chuck Sanders

00:55 – Rose Sanders Expands to California

03:19 – Splitting Time Between Texas and California

04:17 – Disney, Dole Whip, and Theme Park Strategy

08:27 – Future Office Locations and Lifestyle Markets

10:59 – Notable Case Updates and a Daycare Bus Crash Case

12:06 – Social Media, Legal Branding, and Content Creation

12:50 – Hurricane Beryl MDL, Sanctions, and Bad Legal Filings

14:09 – AI in Legal Work and ChatGPT Risks

15:20 – Defamation Law and Anti-SLAPP Cases

15:56 – Gavin Newsom, Fox News, and High-Profile Defamation Litigation

17:46 – Alex Jones, Infowars, and The Onion

19:36 – AI-Generated Explicit Images and Child Safety Concerns

21:15 – Big Tech Liability and Legal Accountability

23:21 – The Power and Danger of AI

25:28 – Reality TV, Lawyers, and Entertainment Opportunities

28:27 – Erica's Daughter Films a Christmas Movie

31:48 – Kids in Acting, Modeling, and Following Creative Passions

34:11 – Behind the Scenes of a Feature Film Production

36:24 – Red Carpets, Carmen Electra, and Reality TV Culture

40:02 – The Future of Reality TV

42:25 – Houston vs. L.A. Culture and Creative Risk-Taking

45:30 – Final Thoughts and Rose Sanders Contact Info