Winstead PC

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

In Priester v. JPMorgan Chase Bank, N.A., homeowners sued for declaratory relief against their lender claiming that the lien on their home was void under the Texas Constitution. No. 12-40032, 2013 U.S. App. LEXIS 3097 (5th Cir…more

The deadline for compliance with the new HIPAA Omnibus Rule is looming for group health plans. As explained in a prior blog, stiff penalties may be imposed on employers whose plans fail to comply. Accordingly, employers should…more

Law firms’ efforts to achieve diversity in their ranks, especially at the partner level, began as long ago as the early 1990s. They ramped up in the early 2000s as many firms invested heavily in programs designed to recruit and…more

In Genesis Healthcare Corp. v. Symczyk, a 5-4 decision authored by Justice Thomas and delivered on April 16, 2013, the U.S. Supreme Court held that if the lone lead plaintiff’s individual claim under the Fair Labor Standards Act…more

The next two parts of this series will address the so-called NIOSH lifting equation. This part will discuss what the NIOSH lifting equation is and the fact that it is not the law in Texas (or anywhere else to the authors’…more

In a prior blog, I discussed the importance of including unambiguous reimbursement rights in health plan documents in order to manage healthcare costs. The enforceability of such rights was confirmed by the United States…more

In some parts of the country, a recovering local economy means the special asset (or problem loan) groups are reducing staff, as loan production groups come back to life. Leaving the special asset group under-staffed could be a…more

As we near the end of the regular session of the Texas legislature (May 27), we wanted to give you a quick update on the status of various proposed nonsubscriber-related bills. Similar measures to these have been proposed…more