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An Overview of Collateral Estoppel in Adversary Proceedings

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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

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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

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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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Update: Arbitration Provision in Trust Enforceable

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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 Those Affected by the West Fertilizer Co. Plant Explosion

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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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Introduced Bill Would Allow Substituted Service via Facebook

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Last week, the Texas Legislature introduced H.B. No. 1989 which, if enacted, would allow substituted service through social media websites in certain circumstances.  Under the proposed bill, if a court authorizes substituted service under the Texas Rules of Civil Procedure, the court may order service via an electronic communication sent to the defendant through a social media website. The court …

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Craig Cherry and Shad Robinson Recognized as Texas “Rising Stars”

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Craig Cherry and Shad Robinson, both shareholders with Haley & Olson, P.C., have been recognized again in Texas Super Lawyers magazine (Rising Stars Edition) as two of the top attorneys in the State of Texas under the age of 40.  Their selection will be featured in Texas Monthly magazine this month.   The selection is based on a state-wide nomination process …

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Rule 11 Agreement Filed Over A Year After It Was Signed Is Enforceable

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In Markarian v. Markarian, the Dallas Court of Appeals upheld a trial court’s ruling that a final divorce decree signed by the parties, and filed over a year after it was signed, was enforceable pursuant to Rule 11 of the Texas Rules of Civil Procedure. Rule 11 provides that agreements must be (1) in writing, (2) signed, and (3) filed …