This column was originally slated for the April edition of Headnotes. Then the pandemic hit. Our mental health is under assault now more than ever with lawyers largely working from home and dealing not only with financial and job pressure, but also with educating kids, cooking, and cleaning. Even with all of these factors […]
Clean Sweep! All Attorneys with Johnston Tobey Baruch Earn Best Lawyers in America Honors Firm shareholder Robert Tobey named Lawyer of the Year for Dallas-Fort Worth DALLAS – Once again, all four shareholders in the Texas trial and appellate firm Johnston Tobey Baruch have been selected by The Best Lawyers in America, and Robert Tobey has been named a Lawyer of the Year for Dallas-Fort Worth. The Best Lawyers in America is the oldest […]
For almost two years, we have been planning the DBA’s celebration of the 100th anniversary of the ratification of the 19th Amendment, guaranteeing women the right to vote. We are excited to welcome Nina Totenberg as our speaker at noon on August 26, 2020! She will be interviewed by Judge Tonya Parker. Ms. Totenberg is […]
The Supreme Court of Texas recently decided two cases involving efforts to enforce email exchanges as contracts. In Copano Energy, LLC v. Bujnoch (18-0044), the parties exchanged numerous emails before their anticipated signing of a formal contract. But they never executed the formal contract. One party then sued, claiming that the emails cumulatively constituted an […]
For a decade, DBA leaders counted on Karen McCloud. On April 9, we lost Karen after a lengthy illness. She will be dearly missed. The May edition of Headnotes has a wonderful article about Karen and her achievements. Karen served as President of the Dallas Women Lawyers Association, the Dallas Association of Young Lawyers, and […]
With a reputation as one of the leading constitutional lawyers in Texas, it isn’t any surprise that firm partner Chad Baruch has been active in the recent constitutional litigation surrounding the COVID-19 pandemic. Chad served as lead counsel on two amicus curiae briefs in the Supreme Court of Texas related to the constitutional authority of […]
After the Supreme Court decision in Peeler v. Hughes & Luce, criminal defense lawyers felt that they had immunity from malpractice. Ms. Peeler was convicted of tax fraud and sentenced to five years. She sued her criminal defense counsel for malpractice because he had failed to communicate a plea-bargain to her under which she was […]
Judges form the third branch of government. The general public has a much poorer understanding of the judicial branch and what it does than the executive and legislative branches. Most people go their entire lives with only brief encounters with the judicial branch, mostly through municipal or family courts. Many of our fellow citizens are […]
Most Texas lawyers know that a party seeking to set aside deemed admissions ordinarily bears the burden to establish good cause and lack of prejudice. But many of these same lawyers do not realize that in many cases, this burden of proof actually shifts to the party opposing withdrawal of the deemed admissions. And sometimes, […]
The rules of civil procedure require that a continuance motion be verified: “No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law.” Tex. R. Civ. P. 251. […]
