WELCOME TO AUSTIN, TEXAS GMA LITIGATION CONFERENCE FEBRUARY 23-25, 2010 Thanks and Welcome everyone to Texas and the Capital City of Austin. We are very glad to have you at the conference and in our fair city. First, having spent most of my life in Austin as a fourth generation Texan, I know everything t here is to know about this place, so pleases don’t hesitate to ask me questions. Other than our judges are elected, its tough to get summary judgments, we have a tough deceptive t trade practices act and that Jefferson County and the south Texas valley are dangerous venues, the law is straight forward here. One of my favorite GMA welcome presentations was given by Chito in Puerto Rico because I l earned a lot about the country in a short period. It got me to thinking, what would be interesting for you to know about Texas.

TEXAS 28th State in the Union Admitted December 29, 1845 Second most populated state in the Country (20,851,820- 2000) 758 miles El Paso to Orange; like Pittsburgh to Tampa, Fl. 733 miles Brownsville to Dumas same as Washington DC to Tallahassee, FL 7 geographic regions Coastal plains South texas Hill Country Trans Pecos Llano Estacado Piney Woods South Plains

Texas is young Massachusetts- 1630 North Carolina- 1653 New York- 1664 1820-Spain opened Texas to Anglo settlement because no one would move here due to Indians. Lipan Apaches, Comanche, Karankawa ,Tonkawa, Caddo, Kiowa and Waco Indians. 1821- Mexico obtains its independence and opens the territory. Stephen F. Austin 1822- In America $100.00 buy you 80 acres of land. 1.25 an acre. In Texas $184 4,428 acres of grazing land and 177 acres of irrigable farm land. $.o4 per acre.- $184.00. First 300- 1823- 4 more for Austin and more impresarios. Like any young colony, the Texans just wanted freedom. They wanted statehood w/in Mexico. Mexico was suspect because America wanted to buy land in East Texas.

Battle of Gonzales Battle of Gonzales- October 2, 1835 The beginning of the Texas Revolution. The Mexican Army sent 100 dragoons to retrieve a cannon given to the colonists to protect themselves from the Indians. There was a small skirmish and the Mexican army retreated. The Texans carried a flag saying “come and take it.” No disrespect to our water provider client, but we are providing water here with nice logos bearing the “come and take it” flag. We adopted this as our firm flag because if the Plaintiffs want money from our clients, they must “come and take it.” We will not give it away. The significance of this battle, like any piece of litigation, was the opening parley of the Texas Revolution. Here, the defenders sent the message that Texas would not just roll over to the government. Santa Anna heeded the message and began gathering his army and heading north from Mexico City.

The Alamo Alamo- Feb 23-March 6, 1836- 189 men including Davy Crockett, James Bowie, William B. Travis… 1800 of Santa Anna’s army charged at dawn and 90 minutes later, by 8:00, all of the fighting men were dead. The battle was over. After 13 days of fighting, 600 of Santa Anna’s soldiers were killed Enough time for Texans to draft constitution and gather volunteer soldiers. Most think of this battle as the defining battle of Texas, when the soldiers said give me liberty or give me death. But to the contrary, the volunteers desperately wanted to survive. The problem was that the Texas Declaration of Indpendence was in the process of being drafted and the soldiers had to hold off Santa Anna’s Army. The significance is that the Texans were crushed; moral was dead and the pioneers began the “runaway scrape.” Like a strong Plaintiff’s deposition in the litigation sense.

The Alamo

The Alamo

The Battle of Coleto Creek and the Goliad Massacre Battle of Goliad- March 27, 1836 (Palm Sunday) Many haven’t heard of this battle that brought the hearts of the Americans to our side. After the Alamo, the Mexican troops struck out after the Texan army. It was known as the runaway scrape. Things were not going well for Texas. On March 19, 1836, the Mexican Army approached the town of Goliad, Texas and Colonel Fannin and his 300 troops retreated from La Bahia, the fort they occupied. Wholesale slaughter of Colonel Fannin and troops on March 27, 1836. They were tricked into surrendering under agreement not to fight again. They were marched back to Goliad where they were executed. Angel of Goliad. Significance- Had the Mexicans let them go, the war may have been over, instead, the world was infuriated. In the litigation sense, another crushing defeat. The case is lost. Or is it?

The Battle of San Jacinto Battle of San Jacinto- April 21, 1836; 783-910 Texans led be General Sam Houston yelled “remember the Alamo and remember Goliad as they charged in at noon to find the army in siesta, and without posted lookouts. 1360 total; 630 killed and 730 taken prisoner, including Santa Anna. Santa Anna captured and after the Treaty of Velasco was signed the war was over.

Sam Houston decided it was all or nothing and slipped in behind Santa Anna’s army preparing to give it all. He had Def Smith burn the bridge behind his army so there was no retreat.

So like any trial, the Texans took the greatest of chances, and against all odds, prevailed. The town of Waterloo was purchased for the capitol of the Republic of Texas in March, 1839. Texas becomes 28th state- Dec. 29, 1845- very much against British wishes.

Texas Revolution and Trial Analogy 2 October 1835 -- Texans repulsed a detachment of Mexican cavalry at the Battle of Gonzales. The revolution began. 2 6 March 1836 -- Texans under Col. William B. Travis were overwhelmed by the Mexican army after a two-week siege at the Battle of the Alamo in San Antonio. The Runaway Scrape began. 7 March 1836 – James Fannin and nearly 400 Texans were executed by the Mexicans at the Goliad Massacre, under order of Santa Anna. 21 April 1836 -- Texans under Sam Houston routed the Mexican forces of Santa Anna at the Battle of San Jacinto. Thus, independence was won in one of the most decisive battles in history. November 1839 -- The Texas Congress first met in Austin, the frontier site selected for the capital of the Republic. I believe this sets up a great theme for our conference this week and while you learn about litigation tactics, strategy and information, think of these early Texans and how lucky we are to be here today, as Americans.