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Notice of Nonsuit – An Order is Necessary

August 31, 2016

Although a Motion for Nonsuit or a Notice of Nonsuit is effective immediately upon filing, there must still be an order formally dismissing the case.  Texas Rule of Civil Procedure 162 reads as follows: At any time before the plaintiff has introduced all of his evidence other than rebuttal evidence,…

Decoding Chapter 140 of the CPRC

August 4, 2016

Chapter 140 of the Texas Civil Practice & Remedies Code is intended to limit the subrogation rights of an injured person’s health insurance provider.  When this statute was first enacted in 2014, an esteemed personal injury attorney told me that the new law was simple, “Everyone gets a third of…

The Difference between a Rule of Interpretation and a Canon of Construction

January 20, 2016

One evening, sitting by the fireplace, sipping on a cup of hot coco, I found myself musing on the subject of contract interpretation.  I was pondering various active cases and my fading memory of my first year of law school when I had two revelations:  1) I am getting old,…

Thanksgiving Jurisprudence

November 24, 2015

While few lawyers are filing lawsuits the week before Thanksgiving, the holiday does give rise to some interesting cases.  I have compiled a small list of interesting legal entanglements that reference Thanksgiving in one shape or form.  Whether you will laugh or cringe, I am not quite sure, but here…

Legal (and Common Sense) Advice for Halloween

October 28, 2015

With Halloween just around the corner, it seems only fitting that it should be the topic of this week’s blog post.  While you are decorating your house, carving your pumpkins, and picking out your costumes, you might not be thinking about avoiding legal entanglements that may result from the celebration. …

Emails Can Create Enforceable Contracts

October 20, 2015

  Email has become the standard form of written communication in the business world.  It should come as no surprise that the laws have adapted to accommodate this new age of electronic communication.  We routinely enter into contracts while shopping online, but the formality of the experience leaves little question…

New Laws of Interest

October 14, 2015

The 2015 Texas Legislature did a lot of good work during the 84th Legislative Session.  Many of the most notable bills passed involved the budget, tax cuts, education and transportation.  If you are the typical Texan, you will likely acknowledge that these laws are important and that they will ultimately…

The New Open Carry Laws

September 11, 2015

            Texans are excited about the new open carry laws recently signed by Governor Abbott (HB 910).  I am intrigued by what I have heard about the new gun laws, so I thought I would educate myself and then pass some of that information along to you.

Lawyers are the Modern Day Gunslingers

September 11, 2015

It is a cold, rainy morning in Dallas, Texas.  The low cloud cover hides the tops of the downtown buildings and everything is cast in a gray hue.  I am waiting for my contact under the hotel awning, anxious to get started with the task at hand.             My contact…

Rule 202 Pre-Suit Depositions

September 11, 2015

A couple of years ago, a client came to me for assistance.  He suspected that his financial advisor was not being honest with him.  After looking through his documents, I had a lot of questions that needed to be answered, but I did not have enough to justify a lawsuit. …