On July 1, 2011, the Texas Supreme Court issued its decision in Haygood v. Escabedo, which held that evidence of a plaintiff’s medical expenses at trial is limited to the amount the medical provider has a legal right to be paid. The appellant in the case sought rehearing after the Court’s decision, however, the Court …
Read MoreCraig Cherry Selected as “Top 40 under 40″ Texas lawyer by The National Trial Lawyers Association
In February, Craig was recognized and selected by the National Trial Lawyers Association as one of the top 40 civil trial lawyers in the State of Texas, under the age of 40. The National Trial Lawyers Association: Top 40 under 40 is a professional organization comprised of America’s top young trial attorneys. Membership is by …
Read MoreNo Expert Testimony Needed to Establish Date of Injury in Construction Defect Coverage Case
The Dallas Court of Appeals, in Vines-Herrin Custom Holmes, LLC v. Great American Lloyds, No. 05-10-00007-CV, 2011 WL 6396473 (Tex. App.—Dallas Dec. 21, 2011, no pet. h.) handed down an opinion overturning a take-nothing judgment on behalf of an insurer of a construction company and remanding to the trial court for further proceedings. In so …
Read MoreQuick Review: The Automatic Stay
This post discusses the basics of the “automatic stay” that is in place when a customer files for bankruptcy. This post also includes a discussion of the potential pitfalls that creditors face for violations of the automatic stay. Automatic Stay – An Absolute Prohibition to Collect The filing of a bankruptcy …
Read MoreDaniel Palmer to be a speaker at “Probate Process from A to Z”
Daniel A. Palmer will be a presenter at a probate seminar entitled, “Probate Process from A to Z” on Wednesday, February 15. Danny will present a paper entitled, “The Initial Probate Filing“. For more information, you can go to http://www.nbi-sems.com/SemTeleDetails.aspx/R-58063ER|?ctname=SPKEM
Read MoreSecurities and Exchange Commission Accuses Life Partners Holdings of Misleading Investors
The Securities and Exchange Commission has filed suit accusing Life Partners Holdings of "systematically and materially" misleading investors about the life expectancy of people whose life insurance policies it traded. According to the SEC’s suit filed in federal court in Waco, the alleged scheme inflated the value of the company’s stock. Specifically, the SEC has …
Read MoreCraig 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 …
Read MoreTexas 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 …
Read MoreChallenge 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 …
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