Showing posts with label Burger. Show all posts
Showing posts with label Burger. Show all posts

Arbitration: Where's the Agreement with the Plaintiff?

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Fox v. The Rehabilitation & Wellness Centre of Dallas, LLC, et al. Dallas Court of Appeals, No. 05-21-00904-CV (June 5, 2023) Justices M...

Rule 165a(3) Motion to Reinstate: "Verified" Really Does Mean What It Says

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In re Briseno Dallas Court of Appeals, Nos. 05-22-01174-CV (December 14, 2022) Before Justices Myers, Nowell ( Opinion ), and Goldstein  Nei...

Mandamus: If Not Now, When?

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In re Holland Dallas Court of Appeals, Nos. 05-22-00368-CV, -00369-CV, and -00378-CV (May 27, 2022) Before Justices Myers, Nowell ( Opinion ...

What's so Special for a Special Master?

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In re Alford Dallas Court of Appeals, No. 05-22-00240-CV (May 16, 2022) Before Justices Osborne ( Opinion ), Partida-Kipness, and Smith Neil...

Going Paperless in a Spoliating World

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Power v. Power Dallas Court of Appeals, No. 05-19-01557-CV (May 3, 2022) Justices Molberg, Nowell ( Opinion ), and Goldstein Neil R. Burger ...

Hey, I Didn't Rob a Bank Today – Mugshots, Defamation, and the TCPA

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CBS Stations Group of Texas, LLC v. Burns Dallas Court of Appeals, No. 05-21-00042-CV (September 27, 2021) Before Justices Molberg, Nowell (...

SCOTX COVID-19 ORDER DOES NOT GRANT COURTS POWERS THEY HAVE LOST

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Quariab v. El-Khalili Dallas Court of Appeals, No. 05-20-00979-CV (March 15, 2021) Chief Justice Burns ( Opinion ) and Justices Molberg and ...

NO FORMAL PLEADING REQUIRED FOR ATTORNEYS’ FEES IN ARBITRATION

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Ninety Nine Physician Services, PLLC v. Brian Murray Dallas Court of Appeals, No. 05-19-01216-CV (February 22, 2021) Justices Schenck ( Opin...

YOU SHOULD PROBABLY RESPOND TO A RULE 194 REQUEST FOR DISCLOSURE

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F 1 Construction, Inc. v. Phillip W. Bantz and Marcos Gutierrez Dallas Court of Appeals, No. 05-19-00717-CV (January 20, 2021) Justices Sche...

CHALLENGING PERSONAL JURISDICTION? DECIDE FAST

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Aaron Kaufman v. AmeriHealth Laboratory, LLC Dallas Court of Appeals, No. 05-20-00504-CV (October 30, 2020) Justices Molberg, Carlyle, and B...

RULE 91a DISMISSAL: AFFIRMATIVE DEFENSE OF ATTORNEY IMMUNITY

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Cherlyn Bethel v. Quilling, Selander, Lownds, Winslett & Moser, P.C. Supreme Court of Texas, No. 18-0595 (February 21, 2020) Opinion b...

DEC ACTION: IS A HARASSING DEFENDANT A JUDICIABLE CONTROVERSY?

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Gutman v. Richard Wayne Wells and Real Estate Arbitrage Partners, Inc. Dallas Court of Appeals, No. 05-18-01227-CV (August 5, 2019) Just...

LACHES IN THE CYBER AGE: WHEN THE JUDGE SAYS “GRANTED” BY EMAIL, CAN YOU WAIT FOR A SIGNED ORDER BEFORE PURSUING MANDAMUS?

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In re Yamaha Golf-Car Co. Dallas Court of Appeals, No. 05-19-00292-CV (April 8, 2019) Justices Bridges, Osborne, and Carlyle (Opinion, l...

FORUM NON CONVENIENS: AFGHAN FAMILY BUSINESS DISPUTE BELONGS IN AFGHANISTAN AND PAKISTAN

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Rasul v. Rasul Dallas Court of Appeals, No. 05-17-00612-CV (December 17, 2018) Justices Stoddart, Whitehill, and Boatright (Opinion, linke...

READ YOUR BANK STATEMENTS. FILE A WRITTEN CLAIM. SERIOUSLY.

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Horton v. JP Morgan Chase Bank, N.A. Dallas Court of Appeals, No. 05-16-00472-CV (January 22, 2018) Justices Lang-Miers, Brown, and Boatri...

NO HEARING, NO EVIDENCE ADMITTED

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Analytical Technology Consultants, Inc. v. Axis Capital, Inc. Dallas Court of Appeals, No. 05-16-00281-CV (June 19, 2017) Justices Bridges...

LAWYERS—WE’RE BASICALLY FUNGIBLE, RIGHT?

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Estate of David Anthony Toarmina, Deceased Dallas Court of Appeals, No. 05-15-00073-CV (June 13, 2016) Justices Lang, Brown ( Opinion ), a...

CHOICE-OF-LAW PROVISION IN EMPLOYMENT AND NON-COMPETE AGREEMENT DISREGARDED

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Merritt, Hawkins & Associates, LLC v. Caporicci Dallas Court of Appeals, No. 05-15-00851-CV (May 2, 2016) Justices Bridges, Francis ( ...

EXTRAMARITAL AFFAIR AN EXPENSIVE—BUT NOT A FIDUCIARY—RELATIONSHIP

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John and Debra Markl v. Leake Dallas Court of Appeals, No. 05-15-00455-CV (November 2, 2015) Justices Fillmore ( Opinion ), Stoddart, and ...

CLAIM ABANDONED BEFORE SUMMARY JUDGMENT HEARING CANNOT BE REVIVED BY AN AMENDED PLEADING AFTER THE HEARING UNLESS LEAVE TO FILE IS OBTAINED

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McConnell v. Coventry Health Care National Network Dallas Court of Appeals, No. 05-13-01365-CV (July 30, 2015) Justices Stoddart ( Opinion...