Haley & Olson P.C. was mentioned the Waco Tribune-Herald today about how McLennan County is preparing to fight opioid addiction by putting a one-week limit on the “narcotic pain medications” indigent residents can receive. You can read the full article here: http://www.wacotrib.com/news/mclennan_county/county-to-limit-access-to-opioids-for-indigent-healthcare/article_22950266-e4eb-548c-afd1-2f5a1c9d59ff.html
Top Ten Reasons to Plan Your Estate Now – Number Three
If you have a special needs child, do you have a plan in place that will allow your child to receive government assistance if something were to happen to you? Or would your child inherit assets that would disqualify him or her from receiving government assistance? Special Needs Trusts are instruments used by parents of special needs children, which allow …
Assumption of Risk in Texas: A Very Brief Introduction
Assumption of risk was once an affirmative defense in Texas tort cases. When successfully asserted, the affirmative defenses completely barred a plaintiff’s recovery. Historically, this affirmative defense to tort claims has been used frequently in negligence cases. However, the Texas Supreme Court has now abolished the defense. As explained by the Texas Supreme Court: “[T]he common law affirmative defenses of …
Texas Construction Contracts: Pay-When-Paid or Pay-If-Paid?
There is a big difference between so-called “pay-when-paid” clauses and “pay-if-paid” clauses. Pay When Paid A “pay-when-paid” clause relates to the timing of payment, such that the subcontractor gets paid when the general contractor gets paid. The general contractor remains obligated to pay a subcontractor regardless of whether the general contractor is ultimately paid by the owner. If payment by …
The Foreclosure Process in the Probate Context
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View PostNo 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 K. Eby …
Blake Rasner & Josh White Speak at 2014 Advanced Bankruptcy Seminar
http://www.texasbarcle.com/materials/programs/2833/brochure.pdf
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 …
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 …