Monthly Archive for: ‘December, 2011’

Craig Cherry Selected as Director of The Texas Lyceum

Craig Cherry has been selected as a Director of the Texas Lyceum.  Craig will begin a three-year term starting January 1, 2012. The Texas Lyceum is an association of Texans whose purposes are: to identify and develop the next generation of top leadership in the State of Texas; to educate its Directors by identifying and exploring the interrelationships of the …

Read More

Texas Supreme Court Rules on Noncompete Agreement’s Enforceability

The Texas Supreme Court has once again affirmed its decision to make non-compete agreements more easily enforceable by employers against their employees.  The Court was asked to consider whether a covenant not to compete signed by a valued employee in consideration for stock options, designed to give the employee a greater stake in the company’s performance, is unenforceable as a …

Read More

Challenge to Texas Franchise Tax Rejected by Supreme Court

A constitutional challenge to the Texas Franchise Tax was recently rejected by the Texas Supreme Court. In In Re: Allcat Claims Service, L.P. et al., No. 11-0589, 2011 WL 6091134 (Tex. 2011), a partnership argued that the Texas Franchise Tax constituted an income tax and, as such, violated the Texas Constitution. The Texas Constitution provides that the state may not collect …

Read More

When a Losing Defendant Attempts to Place Assets Beyond the Reach of a Prevailing Plaintiff

     Under Texas law is there a remedy available to a prevailing plaintiff (“judgment creditor”) who, when seeking to collect on her judgment, finds that the losing defendant (“judgment debtor”) has attempted to transfer assets beyond her reach?      Shore Answer:  Yes.  Look to the Uniform Fraudulent Transfer Act (the “Act”). Overview of the Act      The …

Read More

City Employee is Limited to Workers’ Compensation Benefits, Despite Issuance of Uninsured/Underinsured Automobile Insurance Policy

In Smith v. City of Lubbock, 07-10-0466-CV, 2011 WL 4478494 (Tex. App.–Amarillo Sept. 26, 2011, pet. granted), the Amarillo Court of Appeals held that workers’ compensation  laws barred additional recovery against an employer who is a subscriber to workers’ compensation.  In this case, the additional recovery is based upon the existence of an uninsured/underinsured auto policy (the “UM Policy”) acquired …

Read More