Judicial Conflict Claim Doesn't Land New Malpractice Trial

Law360 (July 17, 2020, 8:53 PM EDT) -- A Texas appellate court has determined a doctor who was cleared of malpractice by a jury won't have to face a new trial, rejecting a patient's argument that the judge should've been disqualified or recused because her lawyer husband was affiliated with the doctor's counsel.

A three-justice panel from the Thirteenth Court of Appeals issued its ruling siding with Dr. Will Newton on Thursday, saying Rogelio Rodriguez had failed to overcome the "presumption of judicial impartiality" in his bid for a redo.

The panel wrote that based on the record, there isn't enough information to show that a reasonable person who...

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