Judge Lee Yeakel of the U.S. District Court for the Western District of Texas held a status conference in a challenge CCL brought with other law firms to the medical malpractice damage cap in Texas on March 11. The telephone conference was intended to iron out procedures for moving forward in the case, Winnett v. Frank. The case was designed as a class action for medical-malpractice plaintiffs who reserved their federal rights separately from their state court liability actions in order to assure that a plaintiff would still have standing as the case proceeds through the appellate process.

    Judge Yeakel expressed a strong preference for finding a way to proceed without making the case a class action. He also indicated opposition to using a placekeeper plaintiffs such as a John or Jane Doe for that purpose, asking counsel to find a different approach acceptable to both sides.