No Tort Liability of Project Architect for Economic Damages Suffered by Contractor or Subcontractor

LAN/STV v. Martin K. Eby Const. Co., Inc., 11-0810, 2014 WL 2789097 (Tex. June 20, 2014).   The Eby opinion involves three parties: (1) the general contractor, (2) the architect, and (3) the Dallas Area Rapid Transportation Authority (“DART”).   DART contracted with the architect, LAN/STV, to create the plans, drawings, and specifications for light rail project in downtown Dallas. Martin …

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Blake Rasner & Josh White Speak at 2014 Advanced Bankruptcy Seminar

http://www.texasbarcle.com/materials/programs/2833/brochure.pdf

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An Overview of Collateral Estoppel in Adversary Proceedings

Collateral estoppel applies to adversary proceedings. The doctrine of collateral estoppel or issue preclusion provides that “when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit.” Dowling v. United States, 493 U.S. 342, 347 (1990) (citing Ashe v. Swenson, 397 …

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Texas Franchise Tax Challenged

The Texas Supreme Court heard arguments this week in a case that could have significant implications on the Texas franchise tax. Nestle USA and two Texas-based companies, Switchplace LLC and NSMBA Relators, sued the State of Texas arguing the Texas franchise tax is unconstitutional.  The franchise tax charges one-half of one percent to wholesalers, but a full one percent to …

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Haley & Olson welcomes Lute Barber

Haley & Olson is pleased to announce that Lute Barber has joined the Firm as an associate.  Lute received his B.A. in economics and managerial studies from Rice University in Houston, TX where he was also a member of the football team. Lute received his J.D. from the University of Houston Law Center in May of 2012. During law school, …

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Craig Cherry Recognized As A Texas “Super Lawyer”

Haley & Olson, P.C. proudly announces that Craig Cherry has been recognized as a Texas “Super Lawyer” for 2013.  Mr. Cherry is Board Certified in Civil Trial Law and Personal Injury Trial Law by the Texas Board of Legal Specialization.  He is also board certified in Civil Trial Advocacy by the National Board of Trial Advocacy.  The annual Texas Super …

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Craig Cherry Appointed to Plaintiffs’ Steering Committee Regarding West Explosion Cases

Craig Cherry has been appointed to serve as a member of the Plaintiffs’ Steering Committee over all of the lawsuits filed as a result of the explosion that occurred at the West Fertilizer Plant in West, Texas on April 17, 2013.  On July 22, Judge Jim Meyer, presiding judge of the 170th Judicial District Court of McLennan County, signed Case Management Order No. …

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Update: Arbitration Provision in Trust Enforceable

In Rachal v. Reitz, No. 11-0708, 2013 WL 1859249 (Tex. May 3, 2013), the Texas Supreme Court determined whether an arbitration provision contained in an inter vivos trust was enforceable against the trust beneficiaries. The trust contained a provision requiring all disputes regarding the trust and the trustee to proceed to arbitration. When a trust beneficiary sued the trustee alleging that the trustee …

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Updated Information About Aid Available to the Citizens of West,Texas

KWTX has a comprehensive list of updated information regarding current aid available to everyone affected by the explosion in West, Texas.  Please go to the following link for more information:  http://www.kwtx.com/home/misc/203633421.html

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Updated Information About Aid Available to Those Affected by the West Fertilizer Co. Plant Explosion

According to the Waco Tribune Herald, the following is updated information for use by those affected by the West Fertilizer Co. plant explosion and for those wanting to make donations to help the West community:   Medical information • To check on injured residents admitted to Hillcrest Baptist Medical Center call (254) 202-1100 • For family inquiries about patients at Scott & …

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