In a case recently we had non-resident defendants assert the fiduciary shield doctrine as a defense to jurisdiction. Although these out of state defendants visited Texas on several occasions and conducted business in the State of Texas, they claimed protection from jurisdiction on the grounds that all their contacts with Texas were in their capacities as corporate officers.
Recognizing the Symptoms of a Stroke
You are having dinner with some friends, when one of the members of the party begins to slur their words, and seems confused. Since no one ordered wine, this is very troubling. Do you know how to determine whether this is a medical emergency or not?
Hearing Held Today in Stanford Case
I attended a hearing that United States District Judge David C. Godbey conducted today in the Stanford fraud case. The hearing was set at the request of the SEC for a Preliminary Injunction to preserve the assets of the Stanford companies until the final trial of the case. An agreed Preliminary Injunction was entered regarding Laura Pendergest-Holt and the companies. For the other defendants, the initial Temporary Restraining Order was extended to March 12, 2009 at 10:00 a.m. Additionally, Ralph Janvey, the Receiver, provided a report to Judge Godbey concerning the status of the receivership.
The Injured & Elderly: Are they forgotten?"
I recently visited an assisted living facility which one of my clients had been transferred to. As I entered the facility, you could feel in the air the lack of concern from the "nursing staff." All of those working seemed more interested in what was on T.V. I had a bad feeling from the very beginning. Shortly after visiting with my client, it was apparent we had to find another facility. As I walked out, I would look into the doors of the patients and all you could see was ill elderly people and paralyzed people. No one was with them, no one was caring for them, no one was visiting them. It was very depressing. On my way home, I wondered why this was. Is it that they didn't have family, is it that their family didn't have the time or resources to be there for them, is it that their family has given up, or none of the above? Although I don't have the answer to my question, I do know that it's crucial for these individuals recovery and well being that they don't feel forgotten. They must know that someone still cares for them and someone is praying that they get better. The only people that can do this are family members close to these people or caring individuals who volunteer their time. At the facility in question, it definitely wasn't going to be the staff. They all seemed numb to the fact that the work they performed was so sensitive. It was merely a paycheck. I know all facilities are not like this and there are many quality nurses and healthcare providers out there. However, if the person you know is not lucky enough to be in a great facility, it's up to you to make sure they have support.
Stanford Financial Group Sued by Firm
Stanford International Bank, Ltd. (SIB) was one of several entities within the Stanford Financial Group (SFG). SIB issued Certificates of Deposit to those seeking a safe investment and a dependable return. However, the opposite occurred. Recently, at the request of the Securities and Exchange Commission, a federal court in Dallas appointed a receiver to take over the assets of the organization. Investors are left without payments and wondering what to do.
Law Firm Eyes New Claim Against Stanford
The recent SEC action against Stanford Financial Group comes as no surprise to our law firm as we have recently successfully concluded a lawsuit against Stanford. Our law firm represented a group of investors who allege fraud and misrepresentation against Stanford Financial Group involving an investment opportunity in which Stanford acted as the investment banker. A significant amount of work was done by the lawyers involved and I took several depositions of upper Stanford management personnel. After these depositions and our due diligence were complete, I felt this case would have been won at a trial on the merits. I am happy to report the case was settled (especially considering the state that Stanford is currently in).
National Highway Transport Safety Administration Considering The Expansion Of Minimum Safety Standard - FMVSS 206
The National Highway Traffic Safety Administration has proposed an upgrade Federal Motor Vehicle Safety Standard No. 216 (FMVSS 216) would require that a roof withstand an applied force equal to 2.5 times the vehicle's weight while maintaining sufficient headroom for an average size adult male. The current standard is 1.5 times the vehicle's weight.
Lessons from Lincoln
As one of the most popular and revered presidents in our great nation's history, much is known about Abraham Lincoln the President and what he was able to accomplish. Far less, however, is generally known about Abraham Lincoln the Lawyer. Recently, the Texas Bar Journal published several articles dealing with Lincoln in his role as a lawyer. After reading the articles, I thought& nbsp;some of Lincoln's teachings would make an excellent blog topic.
The Recent Airline Events
The recent airline events remind us all of how fragile life is. The December 20, 2008 Denver, Colorado "ground crash" of Continental flight 1404 was the start of the major airlines' episodes. And while this airplane crash ended without a significant number of major physical injuries and no loss of life, the lives of those on board were forever changed by the event. The Boeing 737-500 was accelerating down the runway when an unusual bumping was felt and rattling was heard. Then the plane traveled out of control, veered off the runway, crashed in a ravine and broke apart. There is no doubt many of those passengers and crew members thought their lives would be over. To survive this type of crash was a blessing, but the trauma suffered by those involved should not be downplayed.
Supreme Court Rules Against Deceased Worker's Family
In the case of In re Union Carbide Corporation, an opinion released on January 9, 2009, the Texas Supreme Court ruled against the survivors of a worker who died from industrial toxic exposure.
