How AI is Shaping Legal Strategies
How AI is Shaping Legal Strategies
Published in Headnotes, Dallas Bar Association, by Alexandra Wahl, November 2024 Artificial Intelligence (AI) is creeping into every nook of the legal world, and litigation...
Employers Take Note: The DOL’s New “Final Rule” Significantly Raises Salary Thresholds for Certain Exempt Employees
Employers Take Note: The DOL’s New “Final Rule” Significantly Raises Salary Thresholds for Certain Exempt Employees
On April 23, 2024, the U.S. Department of Labor released a final rule raising the salary thresholds to qualify for certain overtime exemptions under the...
Corporate Transparency Act and FinCEN Required Reporting
Corporate Transparency Act and FinCEN Required Reporting
New federal entity reporting requirements have been established under the Corporate Transparency Act (the “CTA”). Beginning on January 1, 2024, the CTA will require...
Cross-Examination as Sanctioned Bullying
Cross-Examination as Sanctioned Bullying
Fortunately or unfortunately, jurors expect real-life lawyers to be as exciting as Harvey Specter closing a deal or Tom Cruise getting Jack Nicholson to...
USCIS and DHS Announce New I-9 Form
USCIS and DHS Announce New I-9 Form
On July 21, 2023, the United States Citizenship and Immigration Services (“USCIS”) and Department of Homeland Security (“DHS”) introduced a new I-9 Form. The...
Lilith Fund Abides – The Austin COA Says Beto’s Statements in the Warren Defamation Case are Not Defamatory
Lilith Fund Abides – The Austin COA Says Beto’s Statements in the Warren Defamation Case are Not Defamatory
I have yet to write on SCOTX’s Lilith Fund opinion. But Robert Francis O'Rourke, Appellant v. Kelcy Warren, Appellee, No. 03-22-00416-CV, 2023 WL 3914278...
HB 19 – Creates Business Court for Larger Cases
HB 19 – Creates Business Court for Larger Cases
On May 25, 2023, the Texas Senate passed HB 19 and sent the bill to Gov. Abbott for signature. HB 19 creates “The Business...
You Sank my Battleship! Legal Malpractice Anti-Slapp Survives a TCPA Challenge.
You Sank my Battleship! Legal Malpractice Anti-Slapp Survives a TCPA Challenge.
TCPA nerds were watching USA Lending Group, Inc. v. Winstead PC to see how the Court would handle the application of the TCPA to...
You are Killing Me Smalls! Will SCOTX Answer the Big Anti-Slapp Question in 2023? Maybe.
You are Killing Me Smalls! Will SCOTX Answer the Big Anti-Slapp Question in 2023? Maybe.
It has been awhile (578 days if you are into precision) since my last blog. My plan had been to wait until SCOTX issued...
Five Wick Phillips Attorneys Recognized as Best Lawyers in America: Ones to Watch 2022 Edition
Five Wick Phillips Attorneys Recognized as Best Lawyers in America: Ones to Watch 2022 Edition
Dallas, Texas, August 19, 2021 – Isaac Brown, Lauren Drawhorn, Zachary Farrar, Schyler Parker, and Scott Lawrence have each been selected for inclusion in...
The Texas Supreme Court Lets the Big Cat of Judicial Immunity Out of the Bag in its Latest Anti-Slapp Opinion.
The Texas Supreme Court Lets the Big Cat of Judicial Immunity Out of the Bag in its Latest Anti-Slapp Opinion.
The venn diagram of people that know who the Tiger King is and the Landry’s, Inc. and Houston Aquarium, Inc v. Animal Legal Defense...
How the Texas Supreme Court Messed Up My Bass Fishing Trip with a New Texas Anti-Slapp Opinion
How the Texas Supreme Court Messed Up My Bass Fishing Trip with a New Texas Anti-Slapp Opinion
Nothing says Spring like top water bass fishing on Texas ponds. And nothing says not so fast like my Westlaw alert going off with...
The Limits of Free Speech in Social Media
The Limits of Free Speech in Social Media
By Brett Pinkus, Partner, Wick Phillips - Intellectual Property Litigation Group Published in the Spring 2021 Issue of Accessible Law, UNT Dallas College of Law,...
Could Rosamund Pike Anti-Slapp Peter Dinklage? The Dallas Court of Appeals Raises and Leaves a Novel Issue Unanswered. Kind of.
Could Rosamund Pike Anti-Slapp Peter Dinklage? The Dallas Court of Appeals Raises and Leaves a Novel Issue Unanswered. Kind of.
Years ago I began reading about guardianship abuse cases and how elderly had their rights stripped from them by unscrupulous guardians using the judicial...
State Representative Morgan Meyer to Chair Ways & Means Committee
State Representative Morgan Meyer to Chair Ways & Means Committee
Wick Phillips partner and Texas State Representative Morgan Meyer has been appointed by Speaker Dade Phelan to lead the House Ways & Means Committee....
I Hear that Train A Coming: New TCPA Chugs Into the New Year with an Application to a Choo Choo Dispute
I Hear that Train A Coming: New TCPA Chugs Into the New Year with an Application to a Choo Choo Dispute
Choctaw Constr. Services LLC v. Rail-Life R.R. Services, LLC, 01-20-00216-CV, 2020 WL 7702186 (Tex. App.—Houston Dec. 29, 2020, no pet. h.) provides a...
Coal in Your Stocking? Promissory Note Lawsuit Over Failed Cybersecurity Venture is Not a Matter of “Public Concern” under the New TCPA.
Coal in Your Stocking? Promissory Note Lawsuit Over Failed Cybersecurity Venture is Not a Matter of “Public Concern” under the New TCPA.
As one First Amendment attorney I’m friends with once said to his detractors, “Try Harder!” which is part of the takeaway from the 1st...
En Banc Ft. Worth COA Says “Sexual Predator” is Not Defamatory and Remands on a Reverse Rohrmoos Analysis
En Banc Ft. Worth COA Says “Sexual Predator” is Not Defamatory and Remands on a Reverse Rohrmoos Analysis
Mogged et al v. Lindamood et al, 02-18-00126-CV, 2020 WL 7074390 (Tex. App.—Fort Worth Dec. 3, 2020, no pet. h.) started back in May...
It Has Begun – Out with the Old TCPA Kraken, in with the New
It Has Begun – Out with the Old TCPA Kraken, in with the New
With child-like glee I’ve been waiting to see the first TCPA opinion based on the 2019 changes (effective September 2019). First on the board...
“Man shall not live by pleadings alone,” so sayeth the Houston Court of Appeals.
“Man shall not live by pleadings alone,” so sayeth the Houston Court of Appeals.
Well sports fans, it has been awhile. My “to blog about” folder runneth over, but between shuttling kids to events and the day to...
Survival Tips for Procuring/Renewing Insurance in a Hard Market
Survival Tips for Procuring/Renewing Insurance in a Hard Market
By Erika Bright, Partner, Wick Phillips Insurance Recovery Group Businesses and their risk managers are being bruised, if not battered, as they fight through their...
Hurricane Insurance Claims: Being Smart from the Start
Hurricane Insurance Claims: Being Smart from the Start
By Erika Bright, Partner, Wick Phillips Insurance Recovery Group The 2020 hurricane season threatens to exhaust the alphabet. With destruction and property claims predicted to...
DMN Article Highlights How Green Beret and True American Hero Continues to Fight
DMN Article Highlights How Green Beret and True American Hero Continues to Fight
The Dallas Morning News published an article this week entitled USAA Insurance Approves, then denies and auto claim by a Green Beret who lost...
The Austin COA Crows at Dawn – But this Cock-Up is Far from Over.
The Austin COA Crows at Dawn – But this Cock-Up is Far from Over.
I have literally 30 new TCPA cases sitting in a folder that I could write about, but with the malaise of COVID 19...
Texas Supreme Court Clarifies “Standing” for Injuries to Limited Partnerships and Takes Away $8M in Damages in a Partnership Dispute
Texas Supreme Court Clarifies “Standing” for Injuries to Limited Partnerships and Takes Away $8M in Damages in a Partnership Dispute
In Pike v. Texas EMC Management, LLC, No. 17-0557, 2020 WL 3405812 (June 19, 2020), the Texas Supreme Court clarified the confusing patchwork of...
In Landmark Decision, Supreme Court Rules LGBTQ Employees are Protected from Job Discrimination
In Landmark Decision, Supreme Court Rules LGBTQ Employees are Protected from Job Discrimination
The United States Supreme Court recently expanded the definition of “sex” under Title VII of the Civil Rights Act of 1964, to include sexual...
Fast on Their Feet, the Texas Supreme Court Side Steps Getting Tackled by the Defamation Mitigation Act.
Fast on Their Feet, the Texas Supreme Court Side Steps Getting Tackled by the Defamation Mitigation Act.
Texas First Amendment Practitioners know and utilize the Defamation Mitigation Act (“DMA”) Tex. Civ. Prac. & Rem. Code §§ 73.051-.062. The DMA applies to...
You Get a Jury Trial, You Get a Jury Trial, You Get a Jury Trial – Did Texas Anti-Slapps Just Get More Expensive and Take Longer to get to a Final Judgment?
You Get a Jury Trial, You Get a Jury Trial, You Get a Jury Trial – Did Texas Anti-Slapps Just Get More Expensive and Take Longer to get to a Final Judgment?
On Friday I had planned to write about Pisharodi v. Columbia Valley Healthcare Sys., L.P., 13-18-00364-CV, 2020 WL 2213951 (Corpus Christi COA May...
In Another Hair-Raising Decision, the Texas Supreme Court Breathes Life into Anti-Slapp Reconsiderations – Courts of Appeals – Get Ready for a Flood of New Appeals.
In Another Hair-Raising Decision, the Texas Supreme Court Breathes Life into Anti-Slapp Reconsiderations – Courts of Appeals – Get Ready for a Flood of New Appeals.
While I had hoped the Texas Supreme Court’s next Anti-Slapp opinion would resolve the ROA conflict, instead we get In re. Praveen Panchakarla,...
Boomerang – How Unleashing a Texas Anti-Slapp Can Go Very Wrong, Plus What is Admissible Evidence
Boomerang – How Unleashing a Texas Anti-Slapp Can Go Very Wrong, Plus What is Admissible Evidence
The Dallas COA upheld the denial of a Texas Anti-Slapp in Equine Holdings, LLC v. Michael Jacoby, 05-19-00758-CV, 2020 WL 2079183 (Tex. App.—Dallas...
Anti-Slapp is Alive and Well in the Fort Worth Court of Appeals
Anti-Slapp is Alive and Well in the Fort Worth Court of Appeals
The last day of April 2020 (and what a month it has been) brings 4 Texas Anti-Slapp Opinions. Tomorrow I’ll cover the other...
A Tale of Two Houstons – the Old Texas Anti-Slapp and Garden Variety Non-Compete Cases
A Tale of Two Houstons – the Old Texas Anti-Slapp and Garden Variety Non-Compete Cases
First, i hope everyone is doing as well as can be expected in this turbulent time.Second, take care of yourselves and your family/friends/community.Third, my...
FORCE MAJEURE: What it is and What You Need to Know
FORCE MAJEURE: What it is and What You Need to Know
With the advent of COVID-19, many different types of contracts and business relationships are being impacted. The phrase “force majeure,” which is French for...
Certain Relief for Businesses Under the CARES Act
Certain Relief for Businesses Under the CARES Act
In response to the COVID-19 pandemic that has wreaked havoc on the global economy, President Trump signed into law the Coronavirus Aid, Relief, and...
DOL Broadly Defines “Health Care Provider” Exclusion Contained in COVID-19 Paid Leave Statute
DOL Broadly Defines “Health Care Provider” Exclusion Contained in COVID-19 Paid Leave Statute
The Department of Labor (DOL) issued its third set of guidance this past weekend providing 21 new questions and answers regarding the Families First...
Select Tax Provisions of the CARES Act
Select Tax Provisions of the CARES Act
On Friday, March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law, providing essential aid to...
DOL Guidance on Families First Coronavirus Response Act (FFCRA)
DOL Guidance on Families First Coronavirus Response Act (FFCRA)
Here is the latest guidance from the Department of Labor (DOL) addressing the legislative impact of the Families First Coronavirus Response Act (FFCRA), which...
The Latest Updates Regarding Families First Coronavirus Response Act of 2020
The Latest Updates Regarding Families First Coronavirus Response Act of 2020
As an update to our client alert regarding the recently passed FFCRA, the Department of Labor has now published additional information that can be...
Texas Lawyers Article: Dallas Remains Enticing Target for Wick Phillips Despite Incursion of Out-of-State Firms
Texas Lawyers Article: Dallas Remains Enticing Target for Wick Phillips Despite Incursion of Out-of-State Firms
Dallas Remains an Enticing Target for Wick Phillips Despite Incursion of Out-of-State Firms Texas firm Wick Phillips competes against other midsize firms, but increasingly...
Dallas County Shelters in Place
Dallas County Shelters in Place
FACT SHEET: DALLAS COUNTY SHELTER IN PLACE ORDER MARCH 23, 2020 All non-essential businesses operating in Dallas County must cease all activities at all facilities...
IRS Announces Tax Deadline Extension
IRS Announces Tax Deadline Extension
Earlier this week, as part of the efforts to curb the economic fallout of the coronavirus, the IRS announced that they were extending the...
A Missed Christmas Present for Me – the 20th Texas Supreme Court Opinion on the Texas Anti-Slapp.
A Missed Christmas Present for Me – the 20th Texas Supreme Court Opinion on the Texas Anti-Slapp.
Just before Christmas 2018 the Texas Supreme Court issued S & S Emergency Training Sols., Inc. v. Elliott on December 21, 2018. Almost...
How to Extend the 30 Day Deadline After the TCPA Hearing Occurs – Dusting Off a “Kind of” Old Alex Jones Texas Anti-Slapp Opinion
How to Extend the 30 Day Deadline After the TCPA Hearing Occurs – Dusting Off a “Kind of” Old Alex Jones Texas Anti-Slapp Opinion
The TCPA has not been kind of Alex Jones as my dear readers know. https://www.antislapptexas.com/blog/2019/10/12/a-swing-and-a-miss-with-the-texas-anti-slapp-by-alex-jonesBut this Jones opinion may have slipped under the...
Anti-Slapp Texas Turns 1, 2020 Comes in with A Forehand to Two Lawsuits, plus How Long Until the First Sept. 2019 Texas Anti-Slapp Opinion?
Anti-Slapp Texas Turns 1, 2020 Comes in with A Forehand to Two Lawsuits, plus How Long Until the First Sept. 2019 Texas Anti-Slapp Opinion?
Anti-Slapp Texas turned one year old on December 30, 2019. I kind of dropped off posting towards the end of the year, finishing...
Malpractice for Failure to Timely File a Lawsuit is Not a Communication Protected by the Right to Petition
Malpractice for Failure to Timely File a Lawsuit is Not a Communication Protected by the Right to Petition
Continuing our December theme of Right to Petition cases, the Fort Worth COA weighs in on whether an absence of communication can trigger...
Shareholder Inspection Demand Does Not Trigger Texas Anti-Slapp
Shareholder Inspection Demand Does Not Trigger Texas Anti-Slapp
In Chandni I, Inc. et al, v. Patel, No. 08-18-00107-CV, 2019 WL 6799747 (El Paso COA Dec. 2019), the El Paso Court of...
In a Non-Shocker – Another COA Confirms Subpoenas are NOT Slappable
In a Non-Shocker – Another COA Confirms Subpoenas are NOT Slappable
There are limits to the TCPA, and the San Antonio COA became the second Texas COA, joining Dallas, in rejecting an attempt to Anti-Slapp...
A Spider Bite, a $40 Million Jury Verdict, Legal Malpractice, and the Texas Anti-Slapp
A Spider Bite, a $40 Million Jury Verdict, Legal Malpractice, and the Texas Anti-Slapp
Brown Sims, P.C. v. L.W. Matteson, Inc., No. 04-18-00596-CV (San Antonio COA 2019) may be the first application of the Texas Anti-Slapp to a...
A Swing and a Miss with the Texas Anti-Slapp by Alex Jones.
A Swing and a Miss with the Texas Anti-Slapp by Alex Jones.
On October 11, 2019, the Austin Court of Appeals upheld the denial of Alex Jones’ Texas Anti-Slapp motion in Alex E. Jones; lnfowars, LLC;...
Your amended petition relates back—unless it doesn’t. When “changing hats” kills the relation back doctrine.
Your amended petition relates back—unless it doesn’t. When “changing hats” kills the relation back doctrine.
Cooke v. Karlseng, No. 05-18-00206-CV, 2019 WL 3812060 (Aug. 14, 2019), is the fourth appeal on a case originally filed in 2006. Thus–as one...
There is no place like home – Fifth Circuit clarifies citizenship vs. residence for diversity
There is no place like home – Fifth Circuit clarifies citizenship vs. residence for diversity
The Fifth Circuit Court of Appeal issued its opinion in Midcap Media Finance, L.L.C. v. Pathway
Data, Incorporated, Number 18-50650 that remanded the case to...
The Dallas Court of Appeals Shows the Back of the Hand to a Constitutional Challenge to the Texas Anti-Slapp
The Dallas Court of Appeals Shows the Back of the Hand to a Constitutional Challenge to the Texas Anti-Slapp
There are 370 opinions that use the phrase “Texas Citizens Participation Act” in the Texas state Westlaw database, and not one of them has...
BAM!!! The Fifth Circuit KO’s the Texas Anti-Slapp.
BAM!!! The Fifth Circuit KO’s the Texas Anti-Slapp.
Well sports fans, it took awhile, but the Fifth Circuit has rejected the application of the Texas Anti-Slapp in federal court in diversity actions....
The Austin Court of Appeals Rejects Insurance Provider’s Texas Anti-Slapp in Negligence Case
The Austin Court of Appeals Rejects Insurance Provider’s Texas Anti-Slapp in Negligence Case
Back in June I wrote about Superior Health Plan v. Badawo, were the defendants asserted the plaintiff’s claim for injury to an infant denied...
Pivot Technology files its Right of Association Briefing – Next Up – the Response on Aug. 20
Pivot Technology files its Right of Association Briefing – Next Up – the Response on Aug. 20
We are getting closer (hopefully) to a definitive interpretation from the Texas Supreme Court on “Right of Association.” The Texas Supreme Court would have...
Is that a Double Unicorn Sighting? Two New Opinions Prove the Texas Anti-Slapp Still Has Kick When it Comes to Defamation Claims.
Is that a Double Unicorn Sighting? Two New Opinions Prove the Texas Anti-Slapp Still Has Kick When it Comes to Defamation Claims.
With one month left until the new changes to the Texas Anti-Slapp go into effect, two opinions from the Dallas and Houston COA prove...
The Texas Anti-Slapp and the World’s Most Expensive Gym Membership?
The Texas Anti-Slapp and the World’s Most Expensive Gym Membership?
Smith Robertson, L.L.P. v. Hamlin, CA NO. 03-18-00754-CV (Austin COA July 11, 2019) stands for the proposition that failure to understand the TCPA can...
Insomnia and the Construction of an Order Denying an Anti-Slapp Appeal.
Insomnia and the Construction of an Order Denying an Anti-Slapp Appeal.
My apologies to my readers for my absence but it’s the end of little league baseball season. Sadly, this weekend is our final tournament...
Texas Supreme Court mandates specific evidence to support sanction award
Texas Supreme Court mandates specific evidence to support sanction award
The Texas Supreme Court recently remanded a sanctions award
back to the trial court for insufficient evidence. In Nath v. Tex.
Children’s Hospital et. al., No....
I just called…to say…that this phone call is insufficient to establish personal jurisdiction
I just called…to say…that this phone call is insufficient to establish personal jurisdiction
The
Fourteenth Court of Appeals reversed the trial court’s order denying a special
appearance and rendered judgment dismissing the case for lack of personal jurisdiction.
The Court...
Two More Defamation Lawsuits Eat the Backhand of the Texas Anti-Slapp
Two More Defamation Lawsuits Eat the Backhand of the Texas Anti-Slapp
Regardless of the changes coming on Sept. 1, 2019 when HB 2730 goes into effect, the Texas Anti-Slapp will continue to serve as an...
With the Texas Supreme Court’s Refusal to Review Dyer, The Tea Leaves are Getting Clearer on the Fate of Grant v. Pivot Tech.
With the Texas Supreme Court’s Refusal to Review Dyer, The Tea Leaves are Getting Clearer on the Fate of Grant v. Pivot Tech.
Readers of this blog know that the Dallas Court of Appeals has taken a strict view of the application of “Right of Association,” repeatedly...
Time to Start Swearing in Witnesses to Testify before the Courts of Appeals During Appeals of Texas Anti-Slapp Motions.
Time to Start Swearing in Witnesses to Testify before the Courts of Appeals During Appeals of Texas Anti-Slapp Motions.
So during the Q&A session of my CLE on Texas Anti-Slapp someone asked me if I had seen the GeoMet opinion that the Texas...
What do Llamas, Lauten, and Les have in Common with the Texas Anti-Slapp?
What do Llamas, Lauten, and Les have in Common with the Texas Anti-Slapp?
Come find out this Friday as I give a speech on the Texas Anti-Slapp, including covering some of the significant changes that will take...
This Texas Anti-Slapp Battle is Nothing to Squawk About!
This Texas Anti-Slapp Battle is Nothing to Squawk About!
Some blog posts just write themselves, so I present to you Belcher v. King and Kirwan, NO. 03-19-00222-CV (Austin COA). http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=b11a5e7c-a177-4110-9162-b27f493609fa&coa=coa03&DT=Order&MediaID=589e9064-a124-4c8f-9274-3d21ceee5e46 This riveting...
Backhanded in Texas: How the Anti-SLAPP statute May Only Sting – June 14, 2019 Noon at the Belo in Dallas, Texas
Backhanded in Texas: How the Anti-SLAPP statute May Only Sting – June 14, 2019 Noon at the Belo in Dallas, Texas
On June 14, 2019, I’ll be discussing the Texas Anti-Slapp while also figuring out ways to turn Brian Lauten’s face red http://www.brianlauten.com/brian-patrick-lauten.html (Fun fact,...
Does the Texas Anti-Slapp Protect a Billion Dollar Medicaid Insurance Provider for Denial of Payment of Healthcare Services? It’s in the Hands of the Austin Court of Appeals.
Does the Texas Anti-Slapp Protect a Billion Dollar Medicaid Insurance Provider for Denial of Payment of Healthcare Services? It’s in the Hands of the Austin Court of Appeals.
Props to my wife for reminding me about the case of Linda Badawo v. Superior Healthplan, Inc. and William Brendle Glomb, MD, (pending in...
Another Denial of a “Right of Association” Texas Anti-Slapp Motion, but This One With a “Concurrence” and a Dissent.
Another Denial of a “Right of Association” Texas Anti-Slapp Motion, but This One With a “Concurrence” and a Dissent.
As readers know, the Dallas COA is consistently rejecting ROA Texas Anti-Slapp Motions that are little more than private business disputes. This is a...
Ch-ch-ch-ch-changes – Double Whammy for The Texas Anti-Slapp from Gov. Abbott and the Texas Supreme Court
Ch-ch-ch-ch-changes – Double Whammy for The Texas Anti-Slapp from Gov. Abbott and the Texas Supreme Court
On June 2, 2019, Gov. Abbott signed HB 2730. It will become law on September 1, 2019 (and does not apply retroactively).While this may...
Texas Anti-Slapp Motions go 0-3 in the Houston Court of Appeals on May 30, 2019.
Texas Anti-Slapp Motions go 0-3 in the Houston Court of Appeals on May 30, 2019.
While the Dallas COA is currently taking a wrecking ball to Texas Anti-Slapp Motions, the Houston COA is getting in on the action, affirming...
Is the Texas Supreme Court Planning on Addressing Right of Association in the Grant Pivot case?
Is the Texas Supreme Court Planning on Addressing Right of Association in the Grant Pivot case?
Anti-Slapp practitioners know that Elite Auto Body LLC v. Autocraft Bodywerks, Inc., out the Austin COA, is the case that opened the flood gates...
Is the Texas Supreme Court Planning on Addressing Right of Association in the Grant v. Pivot case?
Is the Texas Supreme Court Planning on Addressing Right of Association in the Grant v. Pivot case?
Anti-Slapp practitioners know that Elite Auto Body LLC v. Autocraft Bodywerks, Inc., out the Austin COA, is the case that opened the flood gates...
An Issue of First Impression: Can a Trial Court Reconsider its Anti-Slapp Ruling after Thirty Days Have Passed? The Dallas Court of Appeals says No!
An Issue of First Impression: Can a Trial Court Reconsider its Anti-Slapp Ruling after Thirty Days Have Passed? The Dallas Court of Appeals says No!
The Dallas COA addressed an issue that I am pretty sure is a matter of first impression in Texas: Can a trial court reverse...
Texas Supreme Court Denies Contract Formation Using Course of Conduct
Texas Supreme Court Denies Contract Formation Using Course of Conduct
The Texas Supreme Court issued its opinion in McAllen Hospitals, L.P. et al. v. Yolanda Lopezet al., 17-0733, 2019 WL 2147252, and reversed an...
Texas Anti-Slapp – Strongest Anti-Slapp Statute in the United States No More?
Texas Anti-Slapp – Strongest Anti-Slapp Statute in the United States No More?
Well sports fans, it appears the Texas Anti-Slapp is destined for some significant changes. HB 2730 passed out of the Senate and is now...
Half-way Through May and Texas Anti-Slapp Motions Go 0 for 5 before the Dallas Court of Appeals.
Half-way Through May and Texas Anti-Slapp Motions Go 0 for 5 before the Dallas Court of Appeals.
Readers may recall I raised the question of how changes in the makeup of the Dallas COA would affect Texas Anti-Slapp Motions.https://www.antislapptexas.com/blog/2019/2/13/how-will-the-texas-anti-slapp-fare-under-the-new-dallas-coaI blogged about...
The Price Is Not Always Right—Fort Worth COA Takes a Close Look At Contract Formation
The Price Is Not Always Right—Fort Worth COA Takes a Close Look At Contract Formation
The Fort Worth Court of Appeal issued its opinion in Musallam v. Ali, Number 02-16-00282-CV, and upheld a jury award of $904,924 to Ali...
Failure to Put “Manager” Under a Signature Block Results in Personal Liability of Nearly $500,000 Dollar Debt
Failure to Put “Manager” Under a Signature Block Results in Personal Liability of Nearly $500,000 Dollar Debt
The Dallas Court of Appeals recently affirmed the trial court’s judgment to uphold a $492,664.42 debt against the individual, Jay LaFrance, where he signed...
Application of Texas Anti-Slapp to Tex. R. Civ. P. 202 Petition Called into Question.
Application of Texas Anti-Slapp to Tex. R. Civ. P. 202 Petition Called into Question.
In Cares v. Fortier, NO. 01-18-00071-CV, 2019 WL 2041325 (Houston COA May 2019) the Houston COA held that the Texas Anti-Slapp does not...
The Texas Supreme Court Issues A New Texas Anti-Slapp Opinion, But What it Didn’t Write About May Be More Important!
The Texas Supreme Court Issues A New Texas Anti-Slapp Opinion, But What it Didn’t Write About May Be More Important!
On Friday the Texas Supreme Court issued Dallas Morning News, Inc. v. Hall, 17-0637, 2019 WL 2063576 (Tex. May 10, 2019), reversing the Fort...
The Dallas Court of Appeals Refuses to Expand the Scope of an Arbitration Clause Under Non-Disclosure Agreements.
The Dallas Court of Appeals Refuses to Expand the Scope of an Arbitration Clause Under Non-Disclosure Agreements.
The Dallas Court of Appeals affirmed the trial court’s ruling denying a motion to compel arbitration because the arbitration clause in two non-disclosure agreements...
EEOC Age Discrimination and Retaliation Suit Leads to $150,000 in Damages and over $700,000 in Attorneys’ Fees Against Employer.
EEOC Age Discrimination and Retaliation Suit Leads to $150,000 in Damages and over $700,000 in Attorneys’ Fees Against Employer.
The Houston Court of Appeals issued its opinion in Apache Corporation v. Cathryn C. Davis,
No. 14-17-00306-CV and upheld a jury award of $150,000 to...
Texas Supreme Court Reverses Award of Attorneys’ Fees Sanctions Under Rule 215.4 Where the Defendant Does Not Make Appropriate Admissions.
Texas Supreme Court Reverses Award of Attorneys’ Fees Sanctions Under Rule 215.4 Where the Defendant Does Not Make Appropriate Admissions.
In Medina v. Zuniga, No.: 17-0498, the
Texas Supreme Court reversed and rendered judgment that the trial court abused
its discretion in awarding sanctions. The case...
Texas Supreme Court Weighs in On Commercial/Landlord Tenant Dispute with Over One Million in Attorneys’ Fees on the Line.
Texas Supreme Court Weighs in On Commercial/Landlord Tenant Dispute with Over One Million in Attorneys’ Fees on the Line.
The Texas Supreme Court released Rohrmoos Venture v. UTSW
DVA Healthcare, No. 16-006 (Tex. Apr. 26, 2019), which involved a
commercial landlord (Rohrmoos Venture) and tenant...
Fifth Circuit Holds A Party Can Waive the Challenge to the Composition of an Arbitration Panel.
Fifth Circuit Holds A Party Can Waive the Challenge to the Composition of an Arbitration Panel.
The United States Fifth Circuit
Court of Appeals recently issued an opinion on the failure to object to the composition
of an arbitration panel that serves...
Dallas Court of Appeals Slaps Down a Texas Anti-Slapp Appeal Based on the Plaintiff’s Communications
Dallas Court of Appeals Slaps Down a Texas Anti-Slapp Appeal Based on the Plaintiff’s Communications
In Encore Enterprises, Inc. v. Maresh Shetty, Ca. No. 05-18-00511 (Dallas COA 2019), the Dallas COA upheld the trial court’s denial of a Texas...
Yogi Berra Makes His First Appearance in the Texas Anti-Slapp Wars as the Fort Worth Court of Appeals Goes Once More Into the Breach on a Scope of Permissible Discovery Opinion.
Yogi Berra Makes His First Appearance in the Texas Anti-Slapp Wars as the Fort Worth Court of Appeals Goes Once More Into the Breach on a Scope of Permissible Discovery Opinion.
The Fort Worth COA issued In re SSCP Management, Inc., No. 02-19-00098-CV, 2019 WL 1758502 --- S.W.3d ---- (Ft. Worth COA 2019), a mandamus...
Application of Real Estate “Industry Standards” Results in Reversal of a Fraud Based Jury Verdict
Application of Real Estate “Industry Standards” Results in Reversal of a Fraud Based Jury Verdict
The Dallas Court of Appeals recently reversed a jury’s
finding of fraud based, in part, on the defendant’s adherence to real estate industry
standards concerning the...
Eastland Court of Appeals Holds There Is No Thing as Texas Anti-Slapp on Texas Anti-Slapp Violence.
Eastland Court of Appeals Holds There Is No Thing as Texas Anti-Slapp on Texas Anti-Slapp Violence.
In Deepwell Energy Services, LLC v. Aveda Transportation, et al, No. 11-18-00265-CV, (Eastland COA 2019), the Eastland COA joined the 1st and 14th Houston...
Forfeit Your Entity Charter – Lose Your Right to Bring a Law Suit in Texas.
Forfeit Your Entity Charter – Lose Your Right to Bring a Law Suit in Texas.
The Twelfth Court of Appeals affirmed the trial court’s
ruling that an entity is barred from bringing a lawsuit more than three years
after it forfeits...
Texas Supreme Court continues to hold that merger clauses alone do not defeat fraudulent inducement claims.
Texas Supreme Court continues to hold that merger clauses alone do not defeat fraudulent inducement claims.
The Texas Supreme Court recently issued its opinion in Int’l
Bus. Machines Corp. v. Lufkin Indus., LLC, 17-0666 (Tex. Mar. 15, 2019),
clarifying existing law relative...
Texas Supreme Court Limits Fraudulent Inducement Claims When Allegations Contradict Contract Language
Texas Supreme Court Limits Fraudulent Inducement Claims When Allegations Contradict Contract Language
In Mercedes-Benz
USA LLC et al. v. Carduco Inc. dba Cardenas Metroplex, No. 16-0644, the
Texas Supreme Court further limited fraudulent inducements claims. It
determined that a...
Non-disclosed connections with counsel, including past campaign donations, are insufficient to disqualify an arbitrator.
Non-disclosed connections with counsel, including past campaign donations, are insufficient to disqualify an arbitrator.
In Sebastian v. Bliss
Builders, Inc., (No. 09-18-00223-CV) the Sebastians appealed the trial
court’s order vacating their arbitration award against Bliss Builders arising
out of a residential...
Guess Whose Back, Back Again? The Texas Supreme Court’s Back with a Texas Anti-Slapp Opinion. Tell a Friend.
Guess Whose Back, Back Again? The Texas Supreme Court’s Back with a Texas Anti-Slapp Opinion. Tell a Friend.
I’ve been on hiatus for a few weeks. I’ll be posting some new opinions this weekend, but nothing shocking has occurred over the last...
The Language in Oil & Gas Agreements Governs the Royalty Caclulation
The Language in Oil & Gas Agreements Governs the Royalty Caclulation
The Texas Supreme Court issued its opinion in the most
closely watched case involving royalty agreements since Chesapeake Exploration, L.L.C. v. Hyder. In Burlington
Resources Oil...
Advancement of Attorneys’ Fees Through Trial–Upheld by the Fort Worth Court of Appeals
Advancement of Attorneys’ Fees Through Trial–Upheld by the Fort Worth Court of Appeals
In L Series, et al. v.
Holt, Number 02-17-00415-CV (Tex. App.—Fort Worth 2019), the trial court ordered
that the Plaintiff entities advance the Defendant’s attorney’s fees...
Media Groups Come Out Swinging Against Changes to the Texas Anti-Slapp
Media Groups Come Out Swinging Against Changes to the Texas Anti-Slapp
With three Texas House Bills advocating changes to the Texas Anti-Slapp the full court press on legislators is on. https://www.antislapptexas.com/blog/2019/3/13/the-future-of-the-texas-anti-slapp-is-here Anyone that follows...
A Pair of Opinions from the Houston COA Serve as a Reminder – Timing is Everything Under the Texas Anti-Slapp
A Pair of Opinions from the Houston COA Serve as a Reminder – Timing is Everything Under the Texas Anti-Slapp
Montiel v. Eduardo, 2019 WL 1186695 (Houston COA 2019) serves as a reminder to properly calendar and pursue interlocutory appellate remedies under the Texas...
The Future of the Texas Anti-Slapp is Here! But What Will it Be?
The Future of the Texas Anti-Slapp is Here! But What Will it Be?
Here are the 3 House Bills that are proposing amendments to the Texas Anti-Slapp. I’ve also created a table (using my short hand) to...