But, what if another lawyer later comes forward with a piece of paper that shows a

Size: px
Start display at page:

Download "But, what if another lawyer later comes forward with a piece of paper that shows a"

Transcription

1 BEWARE THE HIDDEN LAWYER By Fred A. Simpson and John R. Clayton 1 When your civil defendant-client lawsuit settles with plaintiff for $100,000, and your client is released from all plaintiff claims, that should be the end of it for you, right? But, what if another lawyer later comes forward with a piece of paper that shows a property interest in plaintiff s lawsuit against your client? That s not your problem, right? Maybe it is your problem. Your defendant-client in this hypothetical may owe plaintiff another $30-$40,000. The hidden lawyer was once hired by plaintiff but later fired and replaced by his client with another. The hidden lawyer contracted with the plaintiff under a fee arrangement that was secured by an interest in the lawsuit and in anything of value that may change hands in favor of the plaintiff, a rather common arrangement in our litigious society. Plaintiffs typically engage lawyers soon after tort or contract claims arise. Plaintiffs bind themselves to contingent fee arrangements only to learn later that their chosen lawyer is too busy, or there is some other compelling reason for plaintiff to part company with the first lawyer. The disenchanted plaintiff hires a second (or a third) lawyer, perhaps signing another contingent fee contract with the belief that any new fee arrangement with the new lawyer totally supersedes any old one. This leads to some interesting situations. If plaintiff contracts with 3 consecutive attorneys, promising each of them a one-third interest in the lawsuit, plaintiff ends up with no residual interest whatsoever in the trial outcome. 1 Mssrs. Simpson and Clayton are both partners in the Houston Litigation Section of Jackson Walker L.L.P.

2 If a hidden lawyer can show that the unwary defendant in our hypothetical had reason to know of the hidden lawyer s vested interest in the lawsuit, our defendant/client may have a problem, so may that defendant s attorney, and so may any insurer compelled to indemnify under an insurance policy. Why? Because all the claims are not paid. Notice or knowledge of the hidden lawyer takes several forms: 1. Actual knowledge Actual notice Constructive notice Inquiry notice What law validates the hidden lawyer s claim? The principle under which the hidden lawyer makes a valid claim against exists under the rules of agency. The orthodox agency power, if coupled with an interest, is generally held to be irrevocable, even by the principal s death or disability, as shown by a decision that defines the hidden lawyer s interest as: an interest or estate in the thing itself, concerning which the power is to be exercised, arising from an assignment, pledge or lien created by the principal, coupled with which is the power to deal with the thing itself in order to make the assignment, pledge or lien effectual. Pan American Petrol. Corp. v. Cain, 355 S.W.2d 506, 508 (Tex. 1962). Incidentally, although the authors specific citations are to Texas cases, the jurisdiction of their practice, equitable assignment is an established part of agency law that extends to other jurisdictions, all as shown in commentary such as 28 ALR 2d 1243, What constitutes power coupled with interest within rule as to termination of agency? See also RESTATEMENT (SECOND) OF AGENCY 464, and comments thereto. Although some states don t allow lawyers to acquire proprietary interests in the subject matter of lawsuits, there may be relief from that prohibition under agency law. See Skarecky & Horenstein v N. 36 th ST., 170 Ariz. 424, 825 P).2d 949 (1991)

3 Under the agency law principle concerning a vested interest in the subject matter, a plaintiff may rightfully fire his lawyer, but plaintiff cannot invalidate the attorney s financial interest assigned at the outset of the relationship. There is one other necessary element to make the concept work, however: the terminated lawyer must partially perform. See Bryan v. Ross, 214 S. W. 524 (Tex. Civ. App. Amarillo 1919), aff d 247 S. W. (Tex. 1923) But from a practical standpoint, partial performance is easy for a plaintiff s lawyer to show because of the essential nature of initial interviews, note taking, preliminary research, etc. Often the ousted plaintiff s lawyer comes forth and gives express notice to the defendant and/or the defendant s insurer when replacement occurs, or he files a formal intervention in the lawsuit to protect his financial interests, if any. Other times, there truly a hidden lawyer who learns of his former client s settlement or judgment only after full payment has been made to plaintiff by defendant or defendant s insurer. At that latter point, the hidden lawyer not only has his right of action against his former client, he has claims against the defendant, but only if the hidden lawyer can show either that the defendant knew, had notice, or had a duty to inquire about the hidden lawyer s claims. Forms of notice or knowledge. There are no special rules to show what is sufficient notice of the hidden lawyer s claim. However, a defendant s actual notice of the hidden lawyer s interest is as effective as statutory notice. See Gibson v. Texas Pac. Coal Co., 266 S.W. 137, 139 (Tex. Comm. App. 1924). Although much of the law explaining actual notice is from the turn of the - 3 -

4 20 th Century, a contemporary case describing notice says: `Actual notice embraces those things that a reasonably diligent inquiry and exercise of means of information at hand would have disclosed. Robert Parker s Truck and Trailer Repair, Inc. v. Speer, 722 S.W.2d 45, 48 (Tex. App. Houston [1st Dist.] 1986 no writ). An early case suggests a high degree of care is required: Where such facts or circumstances are known to a person in relation to a matter in which he is interested as are sufficient to make it his duty as an honest and prudent man to inquire concerning the rights of other persons in the same matter, and the course of inquiry thus suggested would, if followed with due diligence, lead to a discovery of rights in conflict with his own, the general rule is that he will be held chargeable with notice of all that he might thus have discovered, and will not be heard to say that he did not actually know of the fact or claim in question. Means of knowledge, with the duty of using them, are deemed equivalent to knowledge itself, and passive good faith will not serve to excuse willful ignorance. San Antonio & A.P. Ry. Co. v. Sehorn, 127 S.W. 246, 247 (Tex. Civ. App. 1910, no writ) What contract types give rights to the hidden lawyer? A simple contingent fee contract that only grants a lawyer s fee if there is a recovery does not usually produce any problems of assigned interests. But a simple contingent fee contract, if properly worded, may assign a part of the cause of action. Dow Chemical Co. v. Benton, 357 S.W.2d 565,568 (Tex. 1962). The important difference is plaintiff s intent to transfer a present interest in the claims, as the law shows: In order that an agreement for a contingent fee may operate as an equitable assignment, there must be in effect a constructive appropriation of so much of the amount to be recovered as will confer upon the attorney a complete - 4 -

5 and present right to receive the same without the further intervention of the client. Carroll v. Hunt, 168 S.W.2d 238, 241 (Tex. 1943). attorney: The interest is in the nature of a property vesting absolutely in the assignee [It is a] fixed rule that an agreement between client and attorney, by which the attorney is to have for his services a fixed portion of whatever amount of money shall be realized or received, whether on settlement or without settlement, on account of such claim as shall be put to suit, whether of tort or contract, constitutes an equitable assignment pro tanto. Northern Texas Traction Co. v. Clark & Sweeton, 272 S.W. 564, 567 (Tex. Civ. App. Texarkana 1925, no writ) However, the following words created only an executory contract for a contingent fee because of the intent to pay only after successful termination of the litigation: we agree to give you as compensation therefore 1/8 of the property recovered. Carroll v. Hunt, 140 Tex. 424, 168 S.W.2d 238 (1943), citing to Spellman v. Bankers Trust Co., 6 F.2d 799, 800 (6th Cir. 1925) (contingent fee agreement is not an equitable assignment). In contrast, these words show the clear present intent to assign an interest in a cause of action, I agree to give and hereby assign to them (lawyers) one-third of whatever may be recovered in said suit, or by way of compromise. Galveston, H & S. A. Ry. Co. v. Ginther, 96 Tex. 295, 72 S.W. 166, 167 (1903). The following words were also a valid assignment of interest: In order to secure the services as attorneys in the case of the death of my husband,... I hereby set over to said attorneys one-third of same against all parties and especially the Wichita Falls Electric Company, as well as any industrial insurance. Said attorneys are to represent me in all matters of - 5 -

6 litigation or compromise, but no compromise shall be made without the written consent of both parties. Wichita Falls Electric Co. v. Chancellor & Bryan, 229 S.W.649, 650 (Tex. Civ. App. Amarillo 1921, writ ref d) This type of provision in a contingent fee contract clearly constitutes a general power of attorney that acts to confirm the agency coupled with an interest:... all necessary releases, receipts, acquittances, settlements, discharges, notices and satisfactions of awards, judgments or recoveries of whatsoever character, and generally do all acts and things which in their judgment are essential to handling of this matter. Mandell & Wright v. Thomas, 441 S.W.2d 841, 846 (Tex. 1969). How can a defense attorney protect against the hidden lawyer? Much can be dome to avoid the hidden lawyer s future sting: 1. Inquire of the defendant/client about his knowledge of plaintiff s earlier attorney, if any. 2. Ask insured s claims representative. 3. Review all early pleadings. 4. Submit discovery requests about previous attorneys. 5. Ask deposition questions about the history of plaintiff s attorney engagement. 6. Cross-examine plaintiff s attorneys when they testify about fees. 7. Use mediation settlement memoranda to assert the lack of previous attorneys. 8. Use settlement agreements to show the lack of previous attorneys, including rep representations by plaintiff s attorney about his inquiry. On the latter several of these suggestions, this language has proved to be effective: My interests in this lawsuit have been fully protected and there are no outstanding assignments or claims of any type for attorneys fees or expenses associated with the said lawsuit. It shall be my obligation to fulfill or pay from the proceeds of this settlement any interest, fees, costs, expenses, and/or claims made by any other attorney, and I hereby indemnify and agree to hold the settling defendants and their insurers and all their attorneys of record harmless from any obligations owed or claimed - 6 -

7 to be owed by any other attorneys out of the settlement fund arising from or under the accompanying agreement and release. The body of the settlement agreement may also cause plaintiff and his lawyer to ask about the hidden lawyer, showing that defendant made a reasonable inquiry. Such an example is as follows: Conclusion None of Plaintiff s claims in the lawsuit have been assigned, pledged, or otherwise in any manner whatsoever sold or transferred, either by written instrument or otherwise, to any attorney, agent or other person or entity, except possibly as to the fees owed by plaintiff to plaintiff s attorney of record in this lawsuit. Every defense lawyer is charged with extreme due diligence under the rules of disciplinary conduct as well as under common law fiduciary duties. Malpractice lawsuits freely emerge these days for many reasons that seem not to have not existed. The prudent defense lawyer asks more questions to protect his client, from paying the hidden lawyer what the law says he is owed. An imprudent lawyer may become an unwilling indemnitor

MEDIATION RELEASE AND SETTLEMENT AGREEMENT ISSUES IN CONSTRUCTION CASES by Benton T. Wheatley

MEDIATION RELEASE AND SETTLEMENT AGREEMENT ISSUES IN CONSTRUCTION CASES by Benton T. Wheatley MEDIATION RELEASE AND SETTLEMENT AGREEMENT ISSUES IN CONSTRUCTION CASES by Benton T. Wheatley State Bar of Texas Construction Law Newsletter, Summer 2001, p. 6. Introduction: Many lawyers have been in

More information

Reflections on Ethical Issues In the Tripartite Relationship

Reflections on Ethical Issues In the Tripartite Relationship Reflections on Ethical Issues In the Tripartite Relationship [click] By Bruce A. Campbell 1 Introduction In most areas of the practice of law, there are a number of ethical issues that arise on a frequent

More information

ISBA Advisory Opinion on Professional Conduct

ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the Opinions express the ISBA interpretation

More information

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a

More information

MULTIPLE REPRESENTATION AND DRAFTING CONTINGENCY FEE AGREEMENTS

MULTIPLE REPRESENTATION AND DRAFTING CONTINGENCY FEE AGREEMENTS MULTIPLE REPRESENTATION AND DRAFTING CONTINGENCY FEE AGREEMENTS ADVANCED PERSONAL INJURY LAW COURSE CLE TEXAS STATE BAR 2013 S AM J OHNSON S COTT, DOUGLASS & MC C ONNICO, L.L.P. A TTORNEYS A T L AW WWW.

More information

CONTINGENT FEE CONTRACT

CONTINGENT FEE CONTRACT CONTINGENT FEE CONTRACT STATE OF TEXAS COUNTY OF BEXAR General Terms & Nature of Case THIS IS AN AGREEMENT between THE GORDON LAW FIRM, P. C., (hereinafter referred to as "the Firm"), whose principal office

More information

CRIMINAL DEFENSE AGREEMENTS

CRIMINAL DEFENSE AGREEMENTS 5/6/13 CRIMINAL DEFENSE & CIVIL LITIGATION AGREEMENTS LLOYD M. CUETO LAW OFFICE OF LLOYD M. CUETO P.C. 7110 WEST MAIN STREET BELLEVILLE, ILLINOIS 62223 (618) 277-1554 CRIMINAL DEFENSE AGREEMENTS HOW TO

More information

STANDARD CONTINGENT FEE REPRESENTATION AGREEMENT FOR INDIVIDUALS

STANDARD CONTINGENT FEE REPRESENTATION AGREEMENT FOR INDIVIDUALS Notice: This Agreement is not valid unless signed and accepted by an officer of The Feldman Law Firm, P.C., who will make the sole decision whether to accept your case. This Agreement may be digitally

More information

Opinion #177. Advancing Litigation Costs Through Lines of Credit

Opinion #177. Advancing Litigation Costs Through Lines of Credit Opinion #177. Advancing Litigation Costs Through Lines of Credit Issued by the Professional Ethics Commission Date Issued: December 14, 2001 Facts and Question An attorney has requested an opinion on whether

More information

SETTLEMENT AGREEMENT AND RELEASE

SETTLEMENT AGREEMENT AND RELEASE SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Settlement Agreement") is made and entered into by and between: "Plaintiffs" "Defendants" Insurer Recitals A. Plaintiffs filed

More information

MICHAEL D. WAKS LONG BEACH PERSONAL INJURY ATTORNEY

MICHAEL D. WAKS LONG BEACH PERSONAL INJURY ATTORNEY WHAT IS LEGAL MALPRACTICE IN CALIFORNIA? A client who sustains harm as a direct result of legal malpractice can file a civil lawsuit against the attorney who was responsible for causing that harm. MICHAEL

More information

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819

More information

ISBA Advisory Opinion on Professional Conduct

ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the Opinions express the ISBA interpretation

More information

CALIFORNIA Strict Indemnity Language. CALIFORNIA Intermediate Indemnity Language

CALIFORNIA Strict Indemnity Language. CALIFORNIA Intermediate Indemnity Language CALIFORNIA Strict Indemnity Language Contractor (Indemnitor) shall indemnify, defend, and hold harmless Authority, its officers, officials, employees, and volunteers from and against any and all liability,

More information

INTERROGATORIES: PROPOUNDING AND RESPONDING

INTERROGATORIES: PROPOUNDING AND RESPONDING INTERROGATORIES: PROPOUNDING AND RESPONDING 1 1.340 TO WHOM, AND WHEN, CAN INTERROGATORIES BE PROPOUNDED: Interrogatories may only be served on another party. Parker v. James, 997 So.2d 1225 (Fla. DCA

More information

EXHIBIT A NOTICE OF PROPOSED CLASS SETTLEMENT

EXHIBIT A NOTICE OF PROPOSED CLASS SETTLEMENT Case 12-30885-hdh7 Doc 72 Filed 11/22/13 Entered 11/22/13 11:07:32 Page 15 of 27 EXHIBIT A NOTICE OF PROPOSED CLASS SETTLEMENT ALL PERSONS WHO PAID MONEY FOR A MEMBERSHIP IN LULLY S, INC. d/b/a THE RIGHT

More information

The Enforceability of Mediated Settlement Agreements. By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas

The Enforceability of Mediated Settlement Agreements. By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas The Enforceability of Mediated Settlement Agreements By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas NIGHTMARE ON MEDIATION STREET You mediate a case where the Plaintiff is suing

More information

Insurer s Duty to Settle: Understanding and Working with Stowers Issues

Insurer s Duty to Settle: Understanding and Working with Stowers Issues The University of Texas School of Law Insurer s Duty to Settle: Understanding and Working with Stowers Issues David H. Timmins Elliot Strader Gardere Wynne Sewell LLP 1601 Elm Street, Suite 3000 Dallas,

More information

Employee Settlement and Release Agreement.

Employee Settlement and Release Agreement. Form: Description: Release: No Disparagement: References: Review by Counsel: Employee Settlement and Release Agreement. This is a sample form agreement for the settlement of any claims by an employee against

More information

UNITED STATES COURT OF APPEALS FIFTH CIRCUIT. No. 94-11035. (Summary Calendar) GLEN R. GURLEY and JEAN E. GURLEY, AMERICAN STATES INSURANCE COMPANY,

UNITED STATES COURT OF APPEALS FIFTH CIRCUIT. No. 94-11035. (Summary Calendar) GLEN R. GURLEY and JEAN E. GURLEY, AMERICAN STATES INSURANCE COMPANY, UNITED STATES COURT OF APPEALS FIFTH CIRCUIT No. 94-11035 (Summary Calendar) GLEN R. GURLEY and JEAN E. GURLEY, Plaintiffs-Appellants, versus AMERICAN STATES INSURANCE COMPANY, Defendant-Appellee. Appeal

More information

ORDER GRANTING TRAVELERS INSURANCE COMPANY / HARTFORD UNDERWRITERS INSURANCE S MOTION TO INTERVENE

ORDER GRANTING TRAVELERS INSURANCE COMPANY / HARTFORD UNDERWRITERS INSURANCE S MOTION TO INTERVENE Pulitano v. Thayer St. Associates, Inc., No. 407-9-06 Wmcv (Wesley, J., Oct. 23, 2009) [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy

More information

RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES

RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fees and Costs. [no change]

More information

PROFESSIONALISM IN POST JUDGMENT PRACTICE BY CURT M. LANGLEY. that the judgment debtor will resist enforcement and/or will appeal.

PROFESSIONALISM IN POST JUDGMENT PRACTICE BY CURT M. LANGLEY. that the judgment debtor will resist enforcement and/or will appeal. PROFESSIONALISM IN POST JUDGMENT PRACTICE BY CURT M. LANGLEY I. Introduction. Obtaining a judgment favorable to the client is the goal of most attorneys involved in litigation. However, entry of judgment

More information

5/12/2015 AGGREGATE PROCEEDINGS PURPOSE OF AGGREGATE PROCEEDINGS

5/12/2015 AGGREGATE PROCEEDINGS PURPOSE OF AGGREGATE PROCEEDINGS Pretrial Practice 2015 4:00 P.M. PANEL TOPIC SETTLEMENT AGGREGATE SETTLEMENT CONCERNS May 12, 2015 New York, New York Kelly Strange Crawford, Esq. AGGREGATE PROCEEDINGS Class Actions SINGLE LAW SUIT PROCEEDING

More information

Income Tax Considerations In Settlements And Judgments (With Sample Provisions And Drafting Checklists)

Income Tax Considerations In Settlements And Judgments (With Sample Provisions And Drafting Checklists) Income Tax Considerations In Settlements And Judgments (With Sample Provisions And Drafting Checklists) Mickey R. Davis Mickey R. Davis is a partner in the Houston law firm of Bracewell and Giuliani LLP.

More information

IN BUSINESS LITIGATION. ALISTAIR B. DAWSON CLARK E. SMITH Beck, Redden & Secrest, L.L.P.

IN BUSINESS LITIGATION. ALISTAIR B. DAWSON CLARK E. SMITH Beck, Redden & Secrest, L.L.P. BREACH OF FIDUCIARY DUTY IN BUSINESS LITIGATION ALISTAIR B. DAWSON CLARK E. SMITH Beck, Redden & Secrest, L.L.P. 1221 McKinney Street, Suite 4500 Houston, Texas 77010-2010 Advantages to the Plaintiff in

More information

REVERSE, RENDER, and REMAND; and Opinion Filed August 20, 2013. In The Court of Appeals Fifth District of Texas at Dallas. No.

REVERSE, RENDER, and REMAND; and Opinion Filed August 20, 2013. In The Court of Appeals Fifth District of Texas at Dallas. No. REVERSE, RENDER, and REMAND; and Opinion Filed August 20, 2013. In The Court of Appeals Fifth District of Texas at Dallas No. 05-10-01614-CV W. DAVID HOLLIDAY, Appellant V. GREG WEAVER AND WENDY WEAVER,

More information

COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT BUSINESS LITIGATION SESSION ) ) ) ) ) ) ) ) ) ) ) ) )

COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT BUSINESS LITIGATION SESSION ) ) ) ) ) ) ) ) ) ) ) ) ) COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss SUPERIOR COURT DEPARTMENT BUSINESS LITIGATION SESSION JAMES MAGIDSON and CHRISTOPHER MILLSON, Individually and on Behalf of All Others Similarly Situated, Plaintiffs,

More information

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR FIRST NATIONAL BANK OF NEVADA,

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR FIRST NATIONAL BANK OF NEVADA, FEDERAL DEPOSIT INSURANCE CORP. Jeffrey A. Sandell, Arizona State Bar No. 020658 E-mail: jsandell@fdic.gov Bob J. Rogers, Texas State Bar No. 17163400 Email: brogers@fdic.gov 1601 Bryan St., 15th Floor

More information

Court Approval Over Cases Involving Injuries to Minors By Adam J. Zayed

Court Approval Over Cases Involving Injuries to Minors By Adam J. Zayed Court Approval Over Cases Involving Injuries to Minors By Adam J. Zayed In Illinois, a minor is considered a ward of the court, and the court has a duty and broad discretion to protect the minor s interests.

More information

If You Own a Home With an Aspen-brand Series BB Evaporator Coil Unit as Part of Your Air Conditioning System

If You Own a Home With an Aspen-brand Series BB Evaporator Coil Unit as Part of Your Air Conditioning System DISTRICT COURT CLARK COUNTY, NEVADA If You Own a Home With an Aspen-brand Series BB Evaporator Coil Unit as Part of Your Air Conditioning System You Could Be Included in a Class Action Lawsuit. A district

More information

Case 5:09-cv-00910-FB Document 35 Filed 10/20/10 Page 1 of 5

Case 5:09-cv-00910-FB Document 35 Filed 10/20/10 Page 1 of 5 Case :09-cv-00910-FB Document Filed 10/0/10 Page 1 of UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION CARL DWIGHT DAVIS, Plaintiff, v. CIVIL ACTION NO. SA-09-CA-910-FB

More information

NC General Statutes - Chapter 93A Article 2 1

NC General Statutes - Chapter 93A Article 2 1 Article 2. Real Estate Education and Recovery Fund. 93A-16. Real Estate Education and Recovery Fund created; payment to fund; management. (a) There is hereby created a special fund to be known as the "Real

More information

BAD FAITH IN WASHINGTON

BAD FAITH IN WASHINGTON BAD FAITH IN WASHINGTON By Steve Jensen,, and An insurer s bad faith can give rise to two related causes of action under Washington law: 1) a cause of action for bad faith sounding in tort, and 2) a cause

More information

SETTLEMENT AGREEMENT BETWEEN THE AMERICAN INSTITUTE OF PHYSICS AND JEFF SCHMIDT

SETTLEMENT AGREEMENT BETWEEN THE AMERICAN INSTITUTE OF PHYSICS AND JEFF SCHMIDT SETTLEMENT AGREEMENT BETWEEN THE AMERICAN INSTITUTE OF PHYSICS AND JEFF SCHMIDT THIS SETTLEMENT AGREEMENT ( Agreement ) is made and entered into as of February 20, 2006, by and between the American Institute

More information

CLIENT INFORMATION: GUIDELINES ON ADMINISTRATION & BILLING

CLIENT INFORMATION: GUIDELINES ON ADMINISTRATION & BILLING CLIENT INFORMATION: GUIDELINES ON ADMINISTRATION & BILLING As updated from time-to-time for billing rates and responsible attorney and, following actual notice to the client. This agreement forms the basis

More information

to add a number of affirmative defenses, including an allegation that Henry s claim was barred

to add a number of affirmative defenses, including an allegation that Henry s claim was barred REVERSE and REMAND; and Opinion Filed May 11, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00616-CV DOROTHY HENRY, Appellant V. BASSAM ZAHRA, Appellee On Appeal from the

More information

Case 4:10-cv-01249 Document 103 Filed in TXSD on 10/09/13 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case 4:10-cv-01249 Document 103 Filed in TXSD on 10/09/13 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Case 4:10-cv-01249 Document 103 Filed in TXSD on 10/09/13 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION TOP PEARL, LTD., Plaintiff, v. CIVIL ACTION H-10-1249 COSA

More information

AFFIRMATIVE AND DEFENSIVE PLEADINGS IN INSURANCE COVERAGE AND BAD FAITH LITIGATION THE 18TH ANNUAL INSURANCE SYMPOSIUM

AFFIRMATIVE AND DEFENSIVE PLEADINGS IN INSURANCE COVERAGE AND BAD FAITH LITIGATION THE 18TH ANNUAL INSURANCE SYMPOSIUM AFFIRMATIVE AND DEFENSIVE PLEADINGS IN INSURANCE COVERAGE AND BAD FAITH LITIGATION THE 18TH ANNUAL INSURANCE SYMPOSIUM Prepared by: STEVEN R. SHATTUCK JANA S. REIST 900 Jackson Street, Suite 100 Dallas,

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 15-10510 Document: 00513424063 Page: 1 Date Filed: 03/15/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED March 15, 2016 Lyle W.

More information

CLEARING MEMBERSHIP AGREEMENT

CLEARING MEMBERSHIP AGREEMENT CLEARING MEMBERSHIP AGREEMENT DATED between LCH.CLEARNET LLC and LCH.CLEARNET LIMITED 17 State Street, 28th floor, New York, NY 10004 Telephone: +1 (212) 513-8282 Website: www.lchclearnet.com In consideration

More information

NPSA GENERAL PROVISIONS

NPSA GENERAL PROVISIONS NPSA GENERAL PROVISIONS 1. Independent Contractor. A. It is understood and agreed that CONTRACTOR (including CONTRACTOR s employees) is an independent contractor and that no relationship of employer-employee

More information

ISBA Advisory Opinion on Professional Conduct

ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the Opinions express the ISBA interpretation

More information

PRACTICE GUIDELINES MEMORANDUM. RE: Sample Bankruptcy Motions and Orders for Personal Injury Practitioners and Trustees

PRACTICE GUIDELINES MEMORANDUM. RE: Sample Bankruptcy Motions and Orders for Personal Injury Practitioners and Trustees PRACTICE GUIDELINES MEMORANDUM TO: FROM: Attorneys Practicing Before Me And Other Interested Persons C. Timothy Corcoran, III United States Bankruptcy Judge DATE: January 3, 2000 1 RE: Sample Bankruptcy

More information

The following constitutes the order of the Court.

The following constitutes the order of the Court. U.S. BANKRUPTCY COURT NORTHERN DISTRICT OF TEXAS ENTERED TAWANA C. MARSHALL, CLERK THE DATE OF ENTRY IS ON THE COURT'S DOCKET The following constitutes the order of the Court. Signed January 20, 2005.

More information

HOUSTON LAWYER REFERRAL SERVICE, INC. RULES OF MEMBERSHIP

HOUSTON LAWYER REFERRAL SERVICE, INC. RULES OF MEMBERSHIP HOUSTON LAWYER REFERRAL SERVICE, INC. RULES OF MEMBERSHIP The Houston Lawyer Referral Service, Inc. (HLRS) is a non-profit corporation sponsored by the Houston Bar Association, Houston Young Lawyers Association,

More information

Court of Appeals. First District of Texas

Court of Appeals. First District of Texas Opinion issued April 19, 2016 In The Court of Appeals For The First District of Texas NO. 01-15-00361-CV FREDDIE L. WALKER, Appellant V. RISSIE OWENS, PRESIDING OFFICER OF THE TEXAS BOARD OF PARDONS AND

More information

TRIGGERING STOWERS UNDER MULTIPLE POLICIES

TRIGGERING STOWERS UNDER MULTIPLE POLICIES TRIGGERING STOWERS UNDER MULTIPLE POLICIES R. BRENT COOPER COOPER & SCULLY, P.C. 900 JACKSON STREET, SUITE 100 DALLAS, TEXAS 75202 Telephone: 214/712-9500 Facsimile: 214/712-9540 5 TH ANNUAL INSURANCE

More information

CONTINGENCY FEE EMPLOYMENT AGREEMENT BETWEEN ATTORNEY AND CLIENT

CONTINGENCY FEE EMPLOYMENT AGREEMENT BETWEEN ATTORNEY AND CLIENT CONTINGENCY FEE EMPLOYMENT AGREEMENT BETWEEN ATTORNEY AND CLIENT THIS AGREEMENT is entered into as of this Day of, 2009 by and between JOSEPH L. KASHI, Attorney at Law, hereinafter called "Attorney" and,

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 09-50769 Document: 00511373963 Page: 1 Date Filed: 02/07/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D February 7, 2011 No.

More information

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-07-159-CV JACK WHITE APPELLANT V. GAIL WHITE APPELLEE ------------ FROM THE 90TH JUDICIAL DISTRICT COURT OF YOUNG COUNTY ------------ MEMORANDUM

More information

Attorney Liens in Oregon: Tool or Trap?

Attorney Liens in Oregon: Tool or Trap? Spring 2010 Oregon State Bar Litigation Journal Attorney Liens in Oregon: Tool or Trap? By Mark J. Fucile Fucile & Reising LLP Although attorney liens have existed in statutory form in Oregon since 1862,

More information

A Guide to Getting a Court Appointed Attorney When a Governmental Entity is Attempting to Terminate Your Parental Rights

A Guide to Getting a Court Appointed Attorney When a Governmental Entity is Attempting to Terminate Your Parental Rights A Guide to Getting a Court Appointed Attorney When a Governmental Entity is Attempting to Terminate Your Parental Rights Introduction If a governmental entity has brought a suit to terminate your parental

More information

INJURY SETTLEMENTS ARE USUALLY COMMUNITY PROPERTY IN A TEXAS DIVORCE

INJURY SETTLEMENTS ARE USUALLY COMMUNITY PROPERTY IN A TEXAS DIVORCE INJURY SETTLEMENTS ARE USUALLY COMMUNITY PROPERTY IN A TEXAS DIVORCE by Greg Enos February 2014 A spouse s recovery for an injury claim is usually community property because most settlements mix all of

More information

Fourteenth Court of Appeals

Fourteenth Court of Appeals Affirmed and Opinion filed February 7, 2002. In The Fourteenth Court of Appeals NO. 14-00-01144-CV ANTONIO GARCIA, JR., Appellant V. PALESTINE MEMORIAL HOSPITAL, n/k/a MEMORIAL MOTHER FRANCES HOSPITAL,

More information

SELECT SERVICES FLAT FEE REPRESENTATION AGREEMENT page 1 of 8

SELECT SERVICES FLAT FEE REPRESENTATION AGREEMENT page 1 of 8 Utah Family Law, LC Tel. No. 801-466-9277 E-mail: eric@divorceutah.com Attorney Eric K. Johnson - Attorney Russell W. Hartvigsen Mail: 2666 South 2000 East, Suite 101 Salt Lake City Utah 84109 REMEMBER:

More information

Case: 1:11-cv-09187 Document #: 161 Filed: 09/22/14 Page 1 of 8 PageID #:

Case: 1:11-cv-09187 Document #: 161 Filed: 09/22/14 Page 1 of 8 PageID #:<pageid> Case: 1:11-cv-09187 Document #: 161 Filed: 09/22/14 Page 1 of 8 PageID #: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PETER METROU, ) ) Plaintiff, ) No. 11 C 9187

More information

THE RIGHT TO INDEPENDENT COUNSEL

THE RIGHT TO INDEPENDENT COUNSEL THE RIGHT TO INDEPENDENT COUNSEL Julie A. Shehane Cooper & Scully, P.C. 900 Jackson Street, Suite 100 Telephone: 214-712 712-9546 Telecopy: 214-712 712-9540 Email: Julie.Shehane@cooperscully.com 2015 This

More information

NetSuite Customer ID: _

NetSuite Customer ID: _ NetSuite Customer ID: _ Online Commission Agreement This Web Sales Commission Agreement (hereinafter Agreement ) is made by and agreed to between Therapon Skin Health, Limited Partnership (TSH) and (hereafter

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Scheef & Stone, L.L.P. et al v. Foels Doc. 107 Civil Action No. 13-cv-01611-REB-CBS SCHEEF & STONE, LLP, and GRADY DICKENS, v. Plaintiffs, SUSANNA E. FOELS, Defendant. IN THE UNITED STATES DISTRICT COURT

More information

What You Should Know About General Agreements of Indemnity and Why You Should Know It

What You Should Know About General Agreements of Indemnity and Why You Should Know It What You Should Know About General Agreements of Indemnity and Why You Should Know It Summary When a contractor (for purposes of this discussion, contractor includes subcontractor) first seeks surety credit,

More information

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT NOTICE OF PROPOSED CLASS ACTION SETTLEMENT Hoover v. Hi Tech Pharmacal Co., Inc. Case No. EDCV 13 00097 JGB (OPx) If you purchased a product manufactured by Hi Tech Pharmacal Co., Inc., called Nasal Ease

More information

NO. 01-03-00062-CV. D. B., Appellant. K. B., Appellee. On Appeal from the 311th District Court Harris County, Texas Trial Court Cause No.

NO. 01-03-00062-CV. D. B., Appellant. K. B., Appellee. On Appeal from the 311th District Court Harris County, Texas Trial Court Cause No. Opinion issued August 12, 2004 In The Court of Appeals For The First District of Texas NO. 01-03-00062-CV D. B., Appellant V. K. B., Appellee On Appeal from the 311th District Court Harris County, Texas

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 2/11/15 Estate of Thomson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM S-8 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933. Delaware 61-1521161

SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM S-8 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933. Delaware 61-1521161 As filed with the Securities and Exchange Commission on July 22, 2008 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Registration No. 333- FORM S-8 REGISTRATION STATEMENT UNDER THE SECURITIES

More information

ILLINOIS LAW MANUAL CHAPTER XIII BAD FAITH AND EXTRA CONTRACTUAL LIABILITY. An insured or an assignee may recover extra-contractual damages from an

ILLINOIS LAW MANUAL CHAPTER XIII BAD FAITH AND EXTRA CONTRACTUAL LIABILITY. An insured or an assignee may recover extra-contractual damages from an If you have questions or would like further information regarding Excess Judgments in Third Party Claims, please contact: Kevin Caplis 312-540-7630 kcaplis@querrey.com Result Oriented. Success Driven.

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION DE ANGELO BENTLEY, MARQUES ROBERTSON, IKEYMA MCKENTRY, individually, and on behalf of all similarly situated persons, CIVIL ACTION

More information

AGREEMENT FOR PROFESSIONAL SERVICES

AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made this day of 20, by and between Long Island University ( University ), an educational institution incorporated and doing business under the laws

More information

Case 1:09-cv-21435-MGC Document 208 Entered on FLSD Docket 06/01/2011 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:09-cv-21435-MGC Document 208 Entered on FLSD Docket 06/01/2011 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 1:09-cv-21435-MGC Document 208 Entered on FLSD Docket 06/01/2011 Page 1 of 6 E. JENNIFER NEWMAN, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 09-21435-Civ-COOKE/TURNOFF vs. Plaintiff

More information

2 of 8 10/18/2012 1:12 PM

2 of 8 10/18/2012 1:12 PM 2 of 8 10/18/2012 1:12 PM Exhibit 10.11 EXECUTION COPY SALARIED EMPLOYEE LIABILITIES ASSUMPTION AGREEMENT This SALARIED EMPLOYEE LIABILITIES ASSUMPTION AGREEMENT ( Agreement ) is made on the 22nd day of

More information

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS IN THE SUPREME COURT OF TEXAS NO. 13-1006 IN RE ESSEX INSURANCE COMPANY, RELATOR ON PETITION FOR WRIT OF MANDAMUS PER CURIAM Rafael Zuniga sued San Diego Tortilla (SDT) for personal injuries and then added

More information

Reversed and Remanded and Opinion filed November 18, 1999. In The NO. 14-98-00725-CV. DAVID E. EDWARDS, Appellant. KENNETH C.

Reversed and Remanded and Opinion filed November 18, 1999. In The NO. 14-98-00725-CV. DAVID E. EDWARDS, Appellant. KENNETH C. Reversed and Remanded and Opinion filed November 18, 1999. In The Fourteenth Court of Appeals NO. 14-98-00725-CV DAVID E. EDWARDS, Appellant V. KENNETH C. KAYE, Appellee On Appeal from the 234 th District

More information

LIMITED LIABILITY COMPANY OPERATING AGREEMENT, LLC

LIMITED LIABILITY COMPANY OPERATING AGREEMENT, LLC LIMITED LIABILITY COMPANY OPERATING AGREEMENT, LLC A MemberManaged Limited Liability Company OPERATING AGREEMENT THIS OPERATING AGREEMENT is made and entered into effective, 20, by and among: [list the

More information

Return completed applications to: APAC-Texas, Inc. P.O. Box 20779 Beaumont, TX 77720 (409) 866-1444 Phone (409) 866-5541 Fax

Return completed applications to: APAC-Texas, Inc. P.O. Box 20779 Beaumont, TX 77720 (409) 866-1444 Phone (409) 866-5541 Fax Return completed applications to: APAC-Texas, Inc. P.O. Box 20779 Beaumont, TX 77720 (409) 866-1444 Phone (409) 866-5541 Fax APPLICATION FOR BUSINESS CREDIT Date: NOTE: This application for Business Credit

More information

The two sides disagree on how much money, if any, could have been awarded if Plaintiffs, on behalf of the class, were to prevail at trial.

The two sides disagree on how much money, if any, could have been awarded if Plaintiffs, on behalf of the class, were to prevail at trial. SUPERIOR COURT OF THE COUNTY OF LOS ANGELES If you are a subscriber of Kaiser Foundation Health Plan, Inc. and you, or your dependent, have been diagnosed with an autism spectrum disorder, you could receive

More information

Settlement Agreement & Mutual Release

Settlement Agreement & Mutual Release Settlement Agreement & Mutual Release This agreement is useful for completing the renegotiation of a deal perhaps you offer to pay a reduced amount of a long-standing invoice perhaps you have a complex

More information

Navigating the Statute of Limitations in Texas

Navigating the Statute of Limitations in Texas Navigating the Statute of Limitations in Texas Wesley G. Johnson Cooper & Scully, P.C. 900 Jackson Street, Suite 100 Dallas, TX 75202 Telephone: 214-712 712-9500 Telecopy: 214-712 712-9540 Email: Wes.Johnson@CooperScully.com

More information

EMPLOYMENT AGREEMENT

EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (hereinafter referred to as Agreement ), is by and between the City of Hallandale Beach, Florida, a Florida municipal corporation (hereinafter referred to

More information

Michael T. Gibbs, State Bar No. 076519 Kevin L. Borgen, State Bar No. 176766. Attorneys for Defendant MIRA COST A COMMUNITY COLLEGE DISTRICT

Michael T. Gibbs, State Bar No. 076519 Kevin L. Borgen, State Bar No. 176766. Attorneys for Defendant MIRA COST A COMMUNITY COLLEGE DISTRICT 1 2 3 4 5 6 GIBBS & FUERSTttr 600 B STREET, SUITE 2300 SAN DIEGO, CALIFORNIA 92101 TELEPHONE (619 702-3505 FACSIMILE (619 702-1547 Michael T. Gibbs, State Bar No. 076519 Kevin L. Borgen, State Bar No.

More information

2 Tex. Intell. Prop. L.J. 171. Texas Intellectual Property Law Journal Winter, 1994. Recent Development RECENT DEVELOPMENTS IN TRADE SECRET LAW

2 Tex. Intell. Prop. L.J. 171. Texas Intellectual Property Law Journal Winter, 1994. Recent Development RECENT DEVELOPMENTS IN TRADE SECRET LAW 2 Tex. Intell. Prop. L.J. 171 Texas Intellectual Property Law Journal Winter, 1994 Recent Development RECENT DEVELOPMENTS IN TRADE SECRET LAW Sue Z. Shaper a1 Copyright (c) 1994 by the State Bar of Texas,

More information

DALLAS BAR ASSOCIATION TRIAL SKILLS SECTION NOVEMBER 17, 2015. By: Robert L. Tobey Johnston Tobey Baruch, P.C. www.johnstontobey.

DALLAS BAR ASSOCIATION TRIAL SKILLS SECTION NOVEMBER 17, 2015. By: Robert L. Tobey Johnston Tobey Baruch, P.C. www.johnstontobey. DALLAS BAR ASSOCIATION TRIAL SKILLS SECTION NOVEMBER 17, 2015 By: Robert L. Tobey Johnston Tobey Baruch, P.C. www.johnstontobey.com A. Lawyers owe their clients a fiduciary duty. Breach of fiduciary duty

More information

Web Site Development Agreement

Web Site Development Agreement Web Site Development Agreement 1. Parties; Effective Date. This Web Site Development Agreement ( Agreement ) is between Plug-N-Run, its affiliates, (including but not limited to USA Financial, USA Financial

More information

Case: 2:04-cv-01110-JLG-NMK Doc #: 33 Filed: 06/13/05 Page: 1 of 7 PAGEID #:

Case: 2:04-cv-01110-JLG-NMK Doc #: 33 Filed: 06/13/05 Page: 1 of 7 PAGEID #: <pageid> Case: 2:04-cv-01110-JLG-NMK Doc #: 33 Filed: 06/13/05 Page: 1 of 7 PAGEID #: IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ALVIN E. WISEMAN, Plaintiff,

More information

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1396

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1396 *LRB00MGMb* TH GENERAL ASSEMBLY State of Illinois and SB Introduced //, by Sen. William R. Haine SYNOPSIS AS New Act INTRODUCED: Creates the Civil Justice Funding Act. Establishes requirements for civil

More information

Fourteenth Court of Appeals

Fourteenth Court of Appeals Reversed and Remanded and Opinion filed August 16, 2001. In The Fourteenth Court of Appeals NO. 14-00-00177-CV HENRY P. MASSEY AND ANN A. MASSEY, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF COURTNEY

More information

No. 2--07--1205 Filed: 12-19-08 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT

No. 2--07--1205 Filed: 12-19-08 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT Filed: 12-19-08 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT WESTPORT INSURANCE Appeal from the Circuit Court CORPORATION, of McHenry County. Plaintiff and Counterdefendant-Appellee, v. No. 04--MR--53

More information

Trial Demonstration: Direct and Cross of Legal Malpractice Expert

Trial Demonstration: Direct and Cross of Legal Malpractice Expert Trial Demonstration: Direct and Cross of Legal Malpractice Expert SUPPLEMENT Authors: Bob Bennett Renée E. Moeller The Bennett Law Firm Houston, Texas State Bar of Texas ADVANCED EXPERT WITNESS II COURSE

More information

Risk-Shifting Agreements In Construction Contracts: Why Insurance May Not Work The Way It Used To

Risk-Shifting Agreements In Construction Contracts: Why Insurance May Not Work The Way It Used To Risk-Shifting Agreements In Construction Contracts: Why Insurance May Not Work The Way It Used To David S. White The newer additional-insured clause might leave the owner and subcontractor without the

More information

NATIONAL CONFERENCE OF INSURANCE LEGISLATORS (NCOIL) Proposed Civil Justice Funding Model Act

NATIONAL CONFERENCE OF INSURANCE LEGISLATORS (NCOIL) Proposed Civil Justice Funding Model Act NATIONAL CONFERENCE OF INSURANCE LEGISLATORS (NCOIL) Proposed Civil Justice Funding Model Act To be considered by the NCOIL Property-Casualty Insurance Committee on November 20 and 21, 2014. Sponsored

More information

Writ of Mandamus is Conditionally Granted; Opinion Filed December 3, 2013. In The Court of Appeals Fifth District of Texas at Dallas

Writ of Mandamus is Conditionally Granted; Opinion Filed December 3, 2013. In The Court of Appeals Fifth District of Texas at Dallas Writ of Mandamus is Conditionally Granted; Opinion Filed December 3, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01457-CV IN RE SOUTHPAK CONTAINER CORPORATION AND CLEVELAND

More information

RETAINER AGREEMENT: CIVIL RIGHTS CASE

RETAINER AGREEMENT: CIVIL RIGHTS CASE I. Introduction RETAINER AGREEMENT: CIVIL RIGHTS CASE The undersigned, hereinafter referred to as the "Clients," hereby retains the KENNEDY LAW FIRM, hereinafter referred to as the "Attorneys," for the

More information

No. 06-10-10212-CV. JONES, IN THE DISTRICT COURT Plaintiff

No. 06-10-10212-CV. JONES, IN THE DISTRICT COURT Plaintiff No. 06-10-10212-CV JONES, IN THE DISTRICT COURT Plaintiff v. MONTGOMERY COUNTY, TEXAS ROSSITTO, Defendant 9 TH JUDICIAL DISTRICT KING FABRICATION, LLC S MOTION TO SHOW AUTHORITY, OR IN THE ALTERNATIVE,

More information

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT NOTICE OF PROPOSED CLASS ACTION SETTLEMENT Aliano et al. v. Templeton Rye Spirits, LLC, Case No. 2014-CH-15667 (Cir. Ct. Cook Cnty., Ill.) IF YOU PURCHASED TEMPLETON RYE WHISKEY FROM JANUARY 1, 2006 TO

More information

PROOF OF CLAIM AND RELEASE

PROOF OF CLAIM AND RELEASE Must Be Postmarked No Later Than November 6, 2015 In re Delcath Systems, Inc Securities Litigation c/o Garden City Group, LLC PO Box 10189 Dublin, OH 43017-3189 1-888-470-0243 wwwdelcathsecuritieslitigationcom

More information

ASSEMBLY COMMITTEE SUBSTITUTE FOR. ASSEMBLY, No. 3699 STATE OF NEW JERSEY. 216th LEGISLATURE ADOPTED MARCH 16, 2015

ASSEMBLY COMMITTEE SUBSTITUTE FOR. ASSEMBLY, No. 3699 STATE OF NEW JERSEY. 216th LEGISLATURE ADOPTED MARCH 16, 2015 ASSEMBLY COMMITTEE SUBSTITUTE FOR ASSEMBLY, No. STATE OF NEW JERSEY th LEGISLATURE ADOPTED MARCH, 0 Sponsored by: Assemblyman JOHN F. MCKEON District (Essex and Morris) Assemblyman JOSEPH A. LAGANA District

More information

LEGAL NOTICE BY ORDER OF THE COURT

LEGAL NOTICE BY ORDER OF THE COURT LEGAL NOTICE BY ORDER OF THE COURT IF YOU USED A CHECK PROVIDED BY CAPITAL ONE TO TRANSFER A BALANCE ON YOUR CAPITAL ONE CREDIT CARD ACCOUNT IN APRIL OR MAY 2009, YOU MAY BE ENTITLED TO BENEFITS UNDER

More information

In The NO. 14-99-00657-CV. HARRIS COUNTY, Appellant. JOHNNY NASH, Appellee

In The NO. 14-99-00657-CV. HARRIS COUNTY, Appellant. JOHNNY NASH, Appellee Reversed and Rendered Opinion filed May 18, 2000. In The Fourteenth Court of Appeals NO. 14-99-00657-CV HARRIS COUNTY, Appellant V. JOHNNY NASH, Appellee On Appeal from the 189 th District Court Harris

More information

PROOF OF CLAIM AND RELEASE FORM

PROOF OF CLAIM AND RELEASE FORM A. GENERAL INSTRUCTIONS & INFORMATION PROOF OF CLAIM AND RELEASE FORM 1. You are urged to read carefully the accompanying Notice of Pendency of Class Action and Proposed Settlement, Settlement Fairness

More information

FEDERAL INCOME TAX AND PERSONAL INJURY JUDGMENTS AND SETTLEMENTS By Fred A. Simpson 1

FEDERAL INCOME TAX AND PERSONAL INJURY JUDGMENTS AND SETTLEMENTS By Fred A. Simpson 1 FEDERAL INCOME TA AND PERSONAL INJURY JUDGMENTS AND SETTLEMENTS By Fred A. Simpson 1 For eighty years federal law did not impose income tax on damages or settlements on account of personal injuries. 2

More information

Theda Spurgeon Appellant Vs. No. 11-04-00050-CV -- Appeal from Erath County Coan & Elliott, Attorneys at Law Appellee

Theda Spurgeon Appellant Vs. No. 11-04-00050-CV -- Appeal from Erath County Coan & Elliott, Attorneys at Law Appellee 11th Court of Appeals Eastland, Texas Opinion Theda Spurgeon Appellant Vs. No. 11-04-00050-CV -- Appeal from Erath County Coan & Elliott, Attorneys at Law Appellee Coan & Elliott, Attorneys at Law, (C&E)

More information