Winstead PC

Court Affirms Dismissal Of Will Contest Based On Public Policy Arguments Arising From Sexual Abuse Allegations

In Merrick v. Helter, a daughter who accused her father of sexual abuse attempted to void her father’s will based on public policy grounds. No. 03-14-00708-CV, 2016 Tex. App. LEXIS 8966 (Tex. App.—Austin August 18, 2016, no pet…more
| Civil Procedure, Wills, Trusts, & Estate Planning

Is Final Really Final? Alternative Patent Prosecution Routes after a Final Office Action

The prosecution of a patent application before the U.S. Patent and Trademark Office (USPTO) can be a prolonged and costly process. The patent prosecution process can include the issuance of an Office Action by the USPTO and the…more
| Administrative Law, Civil Procedure, Intellectual Property

Court Interprets Will’s Residuary Clause To Create A Determinable Fee Simple Estate

In In re Estate of Morgenroth, a mother died testate with a will that gave specific devises to her two children, a son and daughter. No. 05-15-00777-CV, 2016 Tex. App. LEXIS 7857 (Tex. App.—Dallas July 25, 2016, no pet…more
| Wills, Trusts, & Estate Planning

Court Grants Mandamus Relief To Void Order Naming An Executor More Than Three Years After Admitting Will To Probate As A Muniment Of Title

In In re Squyres, in 2012, Baker filed with the probate court an application to probate a will as a muniment of title. No. 01-16-00236-CV, 2016 Tex. App. LEXIS 8509 (Tex. App.—Houston [1st Dist.] August 9, 2016, no pet…more
| Civil Procedure, Civil Remedies, Wills, Trusts, & Estate Planning

Court Reverses Summary Judgment On Breach Of Fiduciary Duty Claim Against Corporate Director

In E&E Serv. & Supply v. Ruddick, a corporation sued a former employee who formed a competing business. No. 11-14-00055-CV, 2016 Tex. App. LEXIS 7514 (Tex. App.—Eastland July 14, 2016, no pet. history). The trial court granted…more
| Business Organizations, Civil Remedies, Labor & Employment Law

Court Affirms Order Requiring Partition of Property Where Fiduciary’s Homestead Argument Failed

In Byrom v. Penn, Byrom was appointed executor of his mother’s estate, and he was later removed as executor for breach of fiduciary duty by using estate funds to build a house for himself. No. 12-15-00033-CV, 2016 Tex. App…more
| Civil Procedure, Finance & Banking, Real Estate - Residential, Wills, Trusts, & Estate Planning

Court Affirms Judgment Against Executor That Deeded Estate Property To Himself

In In the Estate of Montemayor, the trial court entered summary judgment for an estate beneficiary on a claim to quiet title as against the independent executor, who had deeded estate property to himself. No. 04-15-00397-CV,…more
| Civil Procedure, Real Estate - Residential, Wills, Trusts, & Estate Planning

Court Reverses Judgment Dismissing Breach Of Fiduciary Duty Claim Because No-Evidence Summary Judgment Motion Was Not Sufficiently Specific

In Tex v. Iom, a former employer sued a former employee based on a covenant not to compete and breach of fiduciary duty and sued the new employer for tortious interference. No. 12-14-00254-CV, 2016 Tex. App. LEXIS 7317 (Tex…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Recent Amendment of SEC’S “Qualified Client” Definition

The SEC recently adopted an amendment increasing the net worth threshold set forth in the definition of "qualified client" under the Advisers Act. For an investment adviser that is registered with the SEC, or one that is…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Patent Law: Making On-Sale Bar Jurisprudence Coherent

“Rather than rest our decision on formalities, our focus is on what makes our on-sale bar jurisprudence coherent: preventing inventors from filing for patents a year or more after the invention has been commercially marketed,…more
| Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Waves of Guidance and Benefit Plan Developments Worth Watching

Notices on Second Round of Privacy and Security Audits are Out, Expat Plans, OON Surgery Center Billing Issues, and New Nondiscrimination Rules for Federal Contractors, New ERISA Civil Monetary Penalties, COBRA Notices and SBCs…more
| Civil Rights, Labor & Employment Law, Finance & Banking, Privacy, Insurance

Court Affirmed Award of Prejudgment Interest On Fee Forfeiture Award

In Holliday v. Weaver, clients obtained a fee forfeiture award against an attorney for breach of fiduciary duty related to the improper use of settlement proceeds. No. 05-15-00490-CV, 2016 Tex. App. LEXIS 7264 (Tex. App.—Dallas…more
| Civil Procedure, Civil Remedies, Finance & Banking, Professional Malpractice

Court Voided Judgment Based On Family Settlement Agreement Where Party Revoked Consent

In In re Estate of Spiller, a party appealed an order admitting a will to probate and ordering the independent administrator to distribute the estate in accordance with a family settlement agreement. No. 04-15-00449-CV, 2016…more
| Civil Procedure, Wills, Trusts, & Estate Planning

Court Affirms A Rule 202 Pre-Suit Deposition Order In A Will Contest And Discusses The Acceptance-Of-The-Benefits Doctrine

In In re Meeker, individuals sought a mandamus to reverse a trial court’s order granting a Rule 202 pre-suit deposition order. No. 02-16-00103-CV, 2016 Tex. App. LEXIS 6883 (Tex. App.—Fort Worth June 29, 2016, original…more
| Civil Procedure, Wills, Trusts, & Estate Planning

Court Affirms Power Of Attorney Holder’s Right To Revoke Gift

In Wise v. Mitchell, a power of attorney holder, Mitchell, filed a revocation of a deed that the principal issued to Wise. No. 05-15-00610-CV, 2016 Tex. App. LEXIS 6502 (Tex. App.—Dallas June 20, 2016, no pet. history). After…more
| Civil Procedure, Finance & Banking, Real Estate - Residential, Wills, Trusts, & Estate Planning
Showing 1-15 of 252 Results
|
View per page
Page: of 17
Contact

500 Winstead Building
2728 N. Harwood Street
Dallas, TX 75201, United States

  • 214.745.5400
  • 214.745.5390

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • North Carolina
  • Texas
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×