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 [...]
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 [...]
When your business gets sued, if you do not file a timely answer, the plaintiff can take a default judgment against you. If the damages are liquidated, like invoices on a sworn account, the court does not generally hold [...]
The Supreme Court will decide if cases are stayed during arbitration appeals; companies' risk assessments should consider this decision. The Supreme Court granted certiorari in a case that has serious implications for companies that are unsuccessful in enforcing arbitration [...]
All Texas lawyers who are sworn-in by a judge after passing the Texas bar exam agree to “zealously represent their clients.” The degree and scope of that zealousness is not unlimited, however, and sometimes attorneys can get into trouble [...]
Under the “offer of judgment” mechanism detailed in Federal Rule of Civil Procedure 68 (Rule 68), a defendant makes a settlement offer to resolve the case. If accepted, the offer is filed at the courthouse and the case ends. However, [...]
If you’re ever in the position of having to file a lawsuit against someone for breach of contract or to collect money for labor or materials you furnished, it’s important to know whether you can recover attorney’s fees from the [...]
Covid-19 continues to interfere with the ability of businesses across all industries to meet contractual obligations. Yet, contracts can provide for termination or delay if they contain what is called a “force majeure” clause. Force majeure is French for [...]
In a decision earlier this year, the Dallas Court of Appeals denied mandamus relief to a defendant that sought to designate another business entity as a responsible third party (RTP). In In re Eagleridge Operating, LLC, a gas well [...]
Clients expect their attorneys to zealously represent them. To do so, lawyers must be free from concerns that others who are not their clients will second-guess them or sue them for taking legal actions on behalf of their clients. Fortunately [...]
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