Tag Archives: Sim Israeloff

Statute Making it a Crime for a Public Official to Circumvent the Open Meetings Act Held Unconstitutional

In a decision that upends decades of open meetings law, the Texas Court of Criminal Appeals held that the provision of the Texas Open Meetings Act prohibiting a government official from circumventing the Act through a “walking quorum” or “daisy chain” discussion outside of a public meeting is unconstitutionally vague. The Texas Open Meetings Act … Continue Reading

Fifth Circuit Denies Attorney Fees Where Attorneys Created Claim for Purpose of Generating Excessive Fee Request

The Fifth Circuit has affirmed a denial of all attorney fees under the Fair Debt Collection Practices Act based on the “outrageous facts” and the conduct of the plaintiff’s attorneys. Crystal Davis alleged that Credit Bureau of the South violated Texas and Federal Debt Collection Practices Acts by using the words “credit bureau” in its … Continue Reading

Texas Supreme Court Finds No Cause of Action for Intentional Interference with Inheritance

The Texas Supreme Court resolved a longstanding debate and an unusual split in lower courts by declaring that there is no cause of action for intentional interference with inheritance. One issue for those victimized by persons taking undue advantage of the elderly is what remedies are available when an inheritance is interfered with.  Last year … Continue Reading

“Virtual” Business Operations Don’t Establish Venue for Patent Cases

The Federal Circuit has held that “virtual” business operations are insufficient to establish patent venue.  And it rejected the widely discussed four-factor approach to patent venue adopted by the Eastern District of Texas, which until recently was the nation’s busiest patent venue. For almost 30 years, venue of patent cases utilized the general federal venue … Continue Reading

Patent Exhaustion: A Win for Printer-Ink Refillers and Another Rebuke to the Federal Circuit

Just a week after reversing the Federal Circuit’s longstanding interpretation of patent venue in TC Heartland LLC v. Kraft Foods Group, No. 16-341 (May 22, 2017), the Supreme Court again reversed the Federal Circuit, this time with respect to patent exhaustion. U.S. patent laws entitle a patent holder to prevent others from making, selling, or … Continue Reading

Federal Subject Matter Jurisdiction is not Lost by Voluntary Dismissal of the only Claim Conferring Jurisdiction

The Fifth Circuit has reiterated the rule that federal subject matter jurisdiction is measured at the time of removal and is not destroyed by subsequent events including the voluntary dismissal of the only claim conferring federal question jurisdiction. In GlobeRanger Corp. v. Software AG, No. 15-10121 (5th Cir. Sept. 7, 2016), the court untangled a … Continue Reading

Fraudulent Transfers Made With Actual Intent to Hinder, Delay or Defraud Creditors Permit Piercing the Corporate Veil for Contract Debts

Texas law greatly restricts the use of alter ego or fraud to pierce the corporate veil and hold shareholders liable for a corporation’s contract debts.  A shareholder may only be held personally liable if the obligee demonstrates that the holder, beneficial owner, subscriber, or affiliate caused the corporation to be used for the purpose of … Continue Reading