In Texas, the economic loss rule has been applied by courts to prevent a plaintiff from recovering purely economic losses in a negligence or strict liability action. In products liability cases, when a loss results from the failure of a product and […]
On March 11, 2011, Randy Williams, Chapter 11 Trustee ("Trustee") for Green Valley Growers, Inc. ("GVG"), filed suit against Compass Bank seeking the disgorgement of approximately $4.5 million paid to a bank later acquired by Compass Bank in connection […]
The word “bankruptcy” often strikes dread in the hearts of creditors. To some, when they hear that someone who owes them money has filed bankruptcy, they envision writing off the debt and never receiving a cent. However, all is […]
In today's complex work of insurance, many insurance risks are "reinsured" by a separate insurance carrier. In those instances, it is not unusual for insurers and reinsurers to have regular communications concerning the insured, and in particular, […]
A recent decision by the full contingent of judges from the Eighth Circuit Court of Appeals (covering seven Midwest states) demonstrates that a common bankruptcy term should be added to your vocabulary. That term is "executory." […]
On June 30, 2014, the United States Supreme Court issued a ruling which held that a closely held, for-profit entity can object to certain aspects of the birth control mandate imposed by the Patient Protection and Affordable Care Act by invoking the Religious […]
The National Labor Relations Board created a stir last week when it announced that it intends to hold McDonald's USA responsible for its franchisees’ violations of employment law. The announcement has created concern and consternation among businesses […]
In Texas, criminal background checks are generally limited to a seven (7) year review period. However, Texas Business and Commerce Code § 20.05 provides an exception if an applicant is applying to a job with an annual salary that exceeds or should […]
If after a Phase I ESA, the EP determines further investigation is warranted, that more invasive investigation takes the form of a Phase II ESA. The primary purpose in conducting a Phase II ESA is to evaluate any REC(s) identified in a Phase I ESA to […]
As spring rolls into summer, bankruptcy lawyers await the Supreme Court's decision in Executive Benefits Insurance Agency v. Arkinson. With the Supreme Court's term ending June 30, 2014, some wonder if the Court will, in fact, declare bankruptcy […]
It's generally known that Bankruptcy Code section 547(b)(4)(A) provides that for non-insider creditors, a preferential transfer is one made "on or within 90 days before the date of the filing of the petition." The calculation of the 90-day "preference […]
Employers must treat severance payments to involuntarily terminated employees as taxable wages. In an 8-0 opinion, the Supreme Court held that such payments are "remuneration for employment" for which taxes much be withheld and paid under the Federal […]