Civil Litigation

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Continuing our December theme of Right to Petition cases, the Fort Worth COA weighs in on whether an absence of communication can trigger TCPA protection in a legal malpractice claim.  In Ray v. Fikes, No. 02-19-00232-CV, 2019 WL 6606170 (Ft. Worth COA Dec. 2019), Plaintiff sued her attorney for failing to timely file a negligence claim when she was rear ended in a vehicle collision.  Responding to Plaintiff’s legal malpractice action, the attorney filed a…
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In Chandni I, Inc. et al, v. Patel, No. 08-18-00107-CV, 2019 WL 6799747 (El Paso COA Dec. 2019), the El Paso Court of Appeals rejected the assertion that a statutory demand to inspect books and records is not entitled to protection under the Right to Petition prong of the Texas Anti-Slapp.  While the underlying battle between the litigants started in 2014, the inspection claim first appeared in February 2018 and was promptly anti-slapped. Rejecting the…
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Effective within 60 days, subdivision (c) of section 609 of the Limited Liability Company Law shall be amended. According to the Senate bill “Limited Liability Company Law § 609 imposes liability for unpaid wages on the members with the 10 largest ownership interests after a judgment against the corporation has been returned unsatisfied. This bill ensures that all foreign Limited Liability Companies employing workers in New York State are treated the same in the eyes…
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Litigation can be costly in a divorce when the income/asset spouse unnecessarily and aggressively prolongs the litigation. Klein v Klein, 2019 NY Slip Op 08836, Decided on December 11, 2019, Appellate Division, Second Department: “The decision to award an attorney’s fee in a matrimonial action lies, in the first instance, in the discretion of the trial court and then in the Appellate Division whose discretionary authority is as broad as that of the trial court”…
Awaiting signature by the Governor is S5614 which adds a new section 235-h to the real property law and prohibits commercial leases from including a waiver of the right to a declaratory judgment action and states that the inclusion of such a waiver in a commercial lease shall be null and void as against public policy. As the Senate stated: "For the last 50 years, in cases where a landlord serves a commercial tenant with…