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. […]
As I write this column in early April, we have been “sheltering in place” and “social distancing” for more than three weeks—with at least four more to go. These are unprecedented and difficult times. But we will get through them together. Our way of doing things always has involved lawyers coming to the Belo Mansion […]
Robert Tobey recognized for professional liability litigation and Chad Baruch named for appellate case work. Peer lawyers and the staff at D Magazine have again named Johnston Tobey Baruch shareholders Robert Tobey and Chad Baruch to the prestigious Best Lawyers in Dallas list. This is the ninth consecutive year that Mr. Tobey has been named […]
DALLAS – The three name shareholders in the Dallas trial and appellate firm of Johnston Tobey Baruch have been named to the Lawdragon 500 Leading Lawyers in America for 2020. One of the most respected guides to the legal profession, honorees for the 15th edition of the annual list were selected from a combination of editorial research by Lawdragon staff, submissions from […]
