The Difference between a Rule of Interpretation and a Canon of Construction
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,…
Emails Can Create Enforceable Contracts
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…
Top 5 Reasons Why I Love Being a Lawyer
In just about every publication aimed at the legal profession there will be an article about the joys of being a lawyer. In such articles, the lawyer will often tell a story about his or her humble beginnings and how, through hard work and determination, they were able to complete…
Don’t “Waive” Goodbye to Your Personal Jurisdiction Challenge
In the law, “waiver” is defined as the voluntary relinquishment of a known right. Lawyers waive defenses and legal argument in courts more often than you might think. Sometimes it’s intentional, and sometimes it’s not. Sometimes it’s the result of the lawyer’s mistake. A lawyer forgets to raise a defense,…
Dallas Court of Appeals Imposes Sanctions for Frivolous Appeal of Special Appearance
In a rare move, the Dallas Court of Appeals has levied sanctions against a party for filing a frivolous appeal of a trial court’s order denying that party’s special appearance. In Estate of Deuel-Nash, 2014 WL 5581044 (Tex. App. – Dallas 2014, n.p.h.), the defendant (Nash) in a probate proceeding…
Food Trucks: Cooking Up a Jurisdictional Dispute
I love food trucks. They’re just cool. It’s no wonder they’re the latest craze among foodies. Most of them put out surprisingly good fare (not just street tacos, but all types of cuisine) and what’s really nice is they often come to you. But before there was social media, you…