News
Texas Supreme Court Clarifies Acceptable Form of Compliance with Contractual Notice Provisions
The Supreme Court of Texas addressed the appropriate form of compliance with contract notice provisions in James Construction Group, LLC v. Westlake Chemical Corporation, wherein it adopted the substantial compliance test, a test that had been previously adopted by several Texas appellate courts. 650 S.W. 3d 392 (Tex. 2022). In May 2012, Westlake Chemical Corporation…
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Revisiting Pre-suit Discovery under TRCP 202
The Eleventh District Court of Appeals recently vacated an order authorizing pre-suit discovery sought by an aggrieved mother in a purported school bullying investigation. Gordon Indep. Sch. Dist. v. Hinkson, Nos. 11-22-00323-CV, 11-22-00324-CV, 2023 Tex. App. LEXIS 1391 (Tex. App.—Eastland Mar. 2, 2023, no pet. h.). Kayci Hinkson, individually and on behalf of her minor…
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OA Case Update: Representing Law Office Rogelio Solis, PLLC
On February 28, 2023, the Fifth Circuit Court of Appeals granted Okin Adams leave to take a direct appeal of an order of the United States Bankruptcy Court for the Southern District of Texas. Okin Adams represents the Law Office Rogelio Solis, PLLC and Ana Gomez. The question presented to the Fifth Circuit is whether…
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Texas Rules of Civil Procedure 21 and 21(d) (2023)
In response to the more common use of remote proceedings and concerns that followed, the Texas Supreme Court approved an amended Texas Rule of Civil Procedure 21 and new Rule 21(d) regarding notices and appearances for court proceedings; both effective on February 1, 2023. Rule 21(b) was amended to clarify notice requirements for court proceedings…
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Reliance Upon J. Alix Protocol May Preclude Exculpation in the Fifth Circuit
Okin Adams’s Partner and Bankruptcy and Restructuring Attorney David Curry and Bankruptcy and Restructuring Attorney Edward Clarkson recently collaborated on an article for the American Bankruptcy Institute’s Business Reorganization Committee, discussing how the reliance on the J. Alix Protocols could preclude exculpation for certain estate professionals in the Fifth Circuit. Chapter 11 plans providing for…
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