Winstead PC

In this article: - I. Introduction - II. Valid Survivorship Accounts - III. Joint Accounts Between Spouses - IV. Burden Of Proving Enforcable Survivorship Accounts - V. Proving Contents Of Lost…more

As I prepare for a presentation I am giving tomorrow on hot social media issues for employers, I had the chance to do some digging for the current number of states that have enacted social media legislation concerning…more

The plaintiff’s bar is creative and inventive. No doubt other theories of negligence to support liability for a lifting injury have been or will be asserted moving forward. The starting point for addressing such novel theories…more

The Fifth Circuit recently vacated a jury award for mental anguish damages based on the absence of any medical evidence. A Northern District of Texas jury found for the plaintiff, who asserted age discrimination claims under…more

In This Presentation: - I. Case Study – What Should Happen - II. Case Study – What Really Happened - III. TCEQ Regulatory Enforcement - IV. TCEQ Regulatory Outcome - V. Generator's Response - VI. Legal…more

As Chinese direct investment through acquisitions and greenfield development in the U.S. continues on its upward trajectory, North Carolina is securing a noteworthy share of the activity. According to the China Business Monitor…more

On the heels of the United States Supreme Court’s recent holding in U.S. Airways v. McCutchen, where the Court held that a group health plan’s reimbursement rights are not automatically subject to equitable defenses, it appears…more

Subordination, Non-Disturbance and Attornment agreements (SNDAs) allow lenders, landlords and tenants to collectively plan for the worst case scenario — foreclosure. In the event of foreclosure and in the absence of an SNDA,…more

In McDaniel v. HSBC Bank USA, NA, McDaniel appealed a trial court's granting a bank possession of real property purchased at a foreclosure sale. No. 05-11-00238-CV, 2013 Tex. App. LEXIS 1079 (Tex. App.—Dallas February 6, 2013,…more

Courts generally review receiverships very closely, and a party requesting one should follow all required procedures. In Elliott v. Weatherman, parents created an irrevocable living trust and designated their three adult…more

In New Millennium Homes, Inc. v. Texas Community Bank, NA, a debtor appealed a summary judgment granted to a lender based on a deficiency claim. No. 09-12-00073-CV, 2013 Tex. App. LEXIS 1598 (Tex. App.—Beaumont February 21,…more

In Abbott v. Liberty National Bank, Abbott obtained a money judgment against Scotty Norwood and had a writ of garnishment served on Liberty National Bank, who had an account owned by Scotty’s wife, in an attempt to collect on…more

In Meisel v. U.S. Bank, Meisel was a customer of U.S. Bank who found an original signed payroll check dated several years earlier from his former employer. No. 05-11-01336-CV, 2013 Tex. App. LEXIS 1740 (Tex. App.—Dallas February…more

In Branch Banking and Trust Company v. TCI Luna Ventures, LLC, BB&T appealed a temporary injunction order prohibiting it from foreclosing on two properties owned by TCI Luna. No. 05-12-00653-CV, 2013 Tex. App. LEXIS 1745 (Tex…more

Parties may want to resolve trust disputes in arbitration. There are perceived cost savings associated with arbitration, and arbitration can be quicker than normal litigation. But one of the main benefits is that the proceeding…more