Civil Litigation

With child-like glee I’ve been waiting to see the first TCPA opinion based on the 2019 changes (effective September 2019). First on the board is the Dallas COA with an opinion written by Justice David Evans in TERRI J. VAUGHN-RILEY, Appellant v. LAWAINNA PATTERSON, GID PORTER, PORTERHOUSE PRODUCTION, LLC AND GAP MARKETING GROUP, LLC, Appellees, 05-20-00236-CV, 2020 WL 7053651, at *3–4 (Tex. App.—Dallas Dec. 2, 2020, no pet. h.).  If the Old TCPA was a…
Are food vendors in malls tenants? SHACK COLLECTIVE INC. v. DEKALB MKT. HALL, LLC, 2020 NY Slip Op 51156 – NY: City Court, Civil Court October 2, 2020: “In March of 2016, the parties entered into a license agreement (“Agreement”) for the use of three commercial spaces within Respondent’s DeKalb Market Hall (“Market”). The Market is an open food hall with multiple vendors selling many varieties of food to the public. It is without any…
Part of my work involves reading court decisions to keep abreast of how judges decide the types of cases I handle. Below, I share some thoughts on recent decisions. Courts May Be Skeptical of Some Applications for Discovery in Aid of Foreign Litigation Litigants from outside of the United States can seek assistance from American courts in obtaining evidence here. And while courts often grant these requests, they apply a rigorous test to determine…
Signed into law on April 3, 2020 was an act to amend the family court act, in relation to establishing the child-parent security act (Article 5-C); and to repeal section 73 and article 8 of the domestic relations law, relating to legitimacy of children born by artificial insemination and surrogate parenting contracts. “JUSTIFICATION:   New York law has failed to keep pace with medical advances in assisted reproduction, causing uncertainty about who the legal parents…