by Staff | Mar 11, 2015 | Uncategorized
March 10, 2015 (http://www.corpcounsel.com/id=1202720164594/That-DashedOff-Email-Can-Turn-Into-a-Smoking-Gun#ixzz3U5LNLXl7) By Marlisse Silver Sweeney, Corporate Counsel What’s worse than a personal email being published on the front page of your local newspaper for all to see? How about that email being the smoking gun in a lawsuit, which, as Jason Rodriguez of Higler Allen & Lautin points out, recently happened in a decision out of the U.S. Court of Appeals for the Fifth Circuit. The case concerns JPMorgan Chase & Co.’s takeover of Washington Mutual Inc. after its 2008 collapse, says Rodriguez. At issue was whether there was mutual termination between a WaMu branch and a developer who had been contracted, pretakeover, to acquire land, build the WaMu location and rent it back to the bank. Rodriguez says that the case and appeal hinged on a single email sent by an executive of the developer to Chase asking it to reject the lease quickly so losses could be cut. The developer believed rejection was the only outcome, based on the Federal Deposit Insurance Corp.’s representations. “In the 5th Circuit opinion, the Court of Appeals quotes the email directly five times in support of its holding that there was not mutual termination. … There is no other evidence directly cited by the 5th Circuit to support its holding,” notes Rodriguez. He says there is no legalese in the email, and in some parts the proper legal terms were not even used. Nevertheless, “this post is to illustrate that even the most mundane of emails may win or lose a lawsuit you have no inclination will be filed,” he...
by Staff | Feb 27, 2015 | Uncategorized
The Senate Judiciary Committee unanimously approved nine federal judicial nominees; five for the Court of Federal Claims, three in Texas and one in Utah. Nominees are Texas State Court Judges Alfred H. Bennett; Jose R. Olvera Jr.; and Federal Magistrate Judge George C. Hanks Jr., Utah Supreme Court Associate Justice Jill N. Parrish; and Federal Claims nominees renominated current Judge Nancy B. Firestone, Civilian Board of Contract Appeals Judge Jeri K. Somers, Fish & Richardson PC principal Thomas L. Halkowski and federal prosecutors Patricia M. McCarthy and Armando O. Bonilla....
by Staff | Feb 23, 2015 | Uncategorized
February 20, 2015 (https://www.texasattorneygeneral.gov/oagnews/release.php?id=4958) Office of Attorney General of Texas Ken Paxton AUSTIN – Texas Attorney General Ken Paxton continues to actively uphold Texas law in the face of unlawful actions taken by Travis County judges, today filing a petition for a writ of mandamus with the Texas Supreme Court: “The rogue actions of Travis County judges do not withstand the scrutiny of law. The same-sex marriage license issued yesterday is not valid because it conflicts with the Texas Constitution and State law—the license is therefore void ab initio. The filing we made today with the Texas Supreme Court confirms these points.” To view the petition for a writ of mandamus, please visit:...
by Staff | Feb 13, 2015 | Uncategorized
Chief Justice Nathan L. Hecht will deliver his State of the Judiciary before a joint session of the Texas House of Representatives and Texas Senate on Wednesday, February 18, 2015 at 11 a.m. in the House Chamber. A Reception will follow at the State Bar of Texas. We invite the entire Judicial Community to attend. If you have any questions, please contact Kathryn Miller at 512-463-1348 or...
by Staff | Feb 9, 2015 | Uncategorized
February 9, 2015 (http://www.texaslawyer.com/home/id=1202717407550?kw=Six-Year%20Terms%20for%20District%20Judges%3F&et=editorial&bu=Texas%20Lawyer&cn=20150209&src=EMC-Email&pt=PM%20Alert) By Angela Morris, Texas Lawyer District judges currently serve four-year terms in office, but House Joint Resolution 81 by Rep. Richard Pena Raymond would lengthen the job to six years. Read more:...
