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...
Month: May 2013
So, Attorneys’ Fees Are Not Compensatory Damages or Costs?
As an attorney, you might be wondering whether that question is posed in jest. I assure you it is not based on a recent Texas Supreme Court decision. In re Nalle Plastics Family L.P., 2013 Tex. App. LEXIS 396 (Tex. May 17, 2013).Honestly, I am not sure how to respond...
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...
Are In-House Communications Privileged?
The 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...
Stop Spoliating, Bro: Facebook deactivation and spoliation
Facts of the case:Mr. Gatto was a ground supervisor at JFK. He was injured when one of United Airline's planes bumped into a set of fueler stairs that hit him. He sued, and alleged that because of his injuries he was permanently disabled and hadn't been able to work...
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...