The Bassett Firm
Toll Free : (800)310-9769
Main Phone Number : (214)219-9900
Fax Number : (214)219-9456

May 2013 Archives

Bankruptcy and the Powerful Automatic Stay

Imagine you are a secured creditor trying to collect a debt from an uncooperative debtor. Because you are a secured creditor, your first instinct would probably be to foreclose on the collateral and sell it off. The debtor then files for bankruptcy. Once the debtor files the Petition for Bankruptcy, whether it is chapter 7, chapter 11, or chapter 13, an "automatic stay" immediately arises. This scenario is quite common, and secured creditors need to understand their rights once the automatic stay is in place.

Holding Plaintiffs' Attorney to Task: Setting a higher bar for recovery of attorney fees

In 2006, the Texas Supreme Court provided a comprehensive set of guidelines requiring limited proof by Plaintiffs' attorneys for recovering attorney fees in cases where attorneys fees are statutorily mandated. The case, Tony Gullo Motors I, L.P. v Chapa, 212 S.W.3d 299 (Tex. 2006), required that claimants segregate their claims into recoverable and non-recoverable claims, and offer evidence that the fees were related to claim covered by the statute mandating attorney fees. 

Are In-House Communications Privileged?

Confidential.JPGThe Georgia Supreme Court is poised to review a case that could substantially affect the attorney-client privilege and the relationship a firm has with its in-house counsel. The essential issue of the case is "whether communications between lawyers and in-house counsel are protected by the attorney-client privilege and the work product doctrine when a dispute arises between the firm and a client."

Three Recent Texas Appellate Cases Examine the Standard for Obtaining Limited Discovery on the Enforceability of an Employment Injury Arbitration Agreement

In this recent case, Maria Figueroa sued her employer VNA in state court for negligence due to an on-the-job injury. In re VNA, Inc., 2013 WL 1776079 (Tex. App.-El Paso 2013, no. pet. h.) VNA moved to compel arbitration on the basis of an agreement between Figueroa and VNA that employee injury claims would be arbitrated. Figueroa requested limited discovery on the enforceability of the arbitration agreement.

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