Sim Israeloff Successful in Motion to Declare Opposing Plaintiffs as Vexatious Litigants

  Cowles Thompson Shareholder Sim Israeloff recently won a motion to declare the opposing plaintiffs “vexatious litigants” under Chapter 11 of the Texas Civil Practice and Remedies Code (TCPRC). Section 11.054 of the Code outlines the criteria for finding a [...]

By |2023-03-13T15:43:39-05:00March 13, 2023|Commercial Litigation, Success|

A Daily Rate of Pay, No Matter How High, is Not a Salary — Says the Supreme Court

  Discussion of the February 2023 Supreme Court decision in Helix Energy Solutions Group, Inc. v. Hewitt, No. 21-984, 2023 U.S. LEXIS 944 (Feb. 22, 2023). Michael Hewitt was a tool pusher employed by an energy producer, Helix Energy Solutions [...]

By |2023-03-16T09:50:45-05:00March 3, 2023|Employment Law, Appellate|

The Proposed “Workforce Mobility Act of 2023” and Non-Compete Agreements

  In the proposed “Workforce Mobility Act of 2023,” another attempt has been made to ban non-compete agreements.   The Proposed "Workforce Mobility Act of 2023" A bipartisan group of U.S. senators introduced the "Workforce Mobility Act of 2023 " [...]

By |2023-02-28T12:36:56-06:00February 28, 2023|Employment Law, Business Law|

The Texas Two-Step is Alive and Well…But a Judge Dismissed the J&J Bankruptcy Absent Financial Distress

  Remember the Texas Two-Step?  Well, it is alive and well, but lessons can be learned from the dismissal of the LTL Management, LLC bankruptcy.   Background (Bill Siegel first discussed this J&J litigation, the “Texas Two-Step,” and how a [...]

By |2023-02-16T09:42:28-06:00February 16, 2023|Bankruptcy, Commercial Litigation|

Are Lessees Entitled to Protection Upon a Bankruptcy Court-Approved Sale of Property Free and Clear? Yes, Under Certain Circumstances

In In re Royal St. Bistro, LLC, 26 F.4th 326 (5th Cir. 2022), the U.S. Court of Appeals for the Fifth Circuit recognized the rights of lessees when the debtor sells an asset free and clear of all liens, [...]

By |2023-02-07T15:58:36-06:00February 7, 2023|Bankruptcy|

Texas Supreme Court Addresses Procedural and Substantive Requirements for Independent Medical Examinations of Plaintiffs

In most personal injury cases, it is usually the plaintiff’s treating doctors who have first-hand, personal contact with the plaintiff, as compared with most defense expert doctors who base their opinions on a review of plaintiff’s medical records. However, [...]

By |2023-02-07T12:24:47-06:00February 7, 2023|Tort Law, Appellate|
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