Judicial Admissions and Judicial Estoppel Under Texas Law

Texas law recognizes judicial admissions, which “are assertions of fact, not pleaded in the alternative, in the live pleadings of a party.” Lyons v. Lindsey Morden Claims Mgmt., 985 S.W.2d 86, 92 (Tex. App.—El Paso 1999, no pet.) (citation omitted). In other words, a judicial admission is a factual statement made by a party to […]

Why you Need an Appellate Lawyer at Trial

There is a reason that major trials today almost always involve appellate lawyers on both sides. The best trial lawyers in America recognize the value an appellate lawyer adds to the trial team—and the danger inherent in proceeding without one. Unfortunately, too many clients remain reluctant to incur the costs associated with having an appellate […]

Ranger College Settles Federal Lawsuit Filed by Professor Alleging Sexual Harassment

RANGER, Texas – Ranger College reached an agreement with a professor who alleged she was discriminated and retaliated against by the school. Dr. Elizabeth Price and Ranger College reached a resolution last week in the United States Court of the Northern District of Texas in Abilene, according to court documents. They filed a Joint Status Report […]

Ask Not for Whom the Statute Tolls: It Tolls for Thee

Tell me if you’ve been here: the client comes in and tells a story that sounds like it just might be a really good case. In fact, it might even settle without two years of discovery—if you can just package present it properly. You ask some pointed questions about when these events occurred and quickly […]

Stockbrokers Who Solicit Customers May Not be Protected

Traditionally, when major wire houses recruited brokers as trainees or from other firms, they required these brokers to sign non-solicitation agreements preventing them from soliciting employees and customers of the firms when they left for greener pastures. For many years, our firm represented Morgan Stanley in suing brokers who left the firm and violated the […]

5 Things to Consider Before You Hit Record

Advances in technology have made it very easy to record what people say. Not so long ago, the decision to record a phone call or personal meeting required advance planning. People did not walk around with recording equipment at the ready, so a decision to record usually required a specific purpose and a plan to […]

Attorney Immunity

In 2015, the Supreme Court of Texas decided Cantey Hanger, LLP v. Byrd, 467 S.W.3d 477 (Tex. 2015), clarifying what is known as the “attorney immunity doctrine.” Essentially, the doctrine posits that, “as a general rule, attorneys are immune from civil liability to non-clients ‘for actions taken in connection with representing clients in litigation.’” Id. […]

My Texas Heritage

Hiring a lawyer is an important decision. It should involve knowing more than just what certificates a lawyer has on the wall.  Most of the people who know me well would say that one of the qualities which most defines me is my willingness to share my beliefs and my thoughts—and to hear yours too. […]

New Survey Cautions Lawyers to Avoid Conflicts and Be Aware of Cyber Events

We are both blessed and cursed that people who want to sue their lawyers dial our phone number a lot. We spend a tremendous amount of time screening cases to separate the ones that can get to the finish line from those that can’t. Many times when we meet with potential clients, they say “just […]