Tilting the Scales

Business Issues with a Legal Slant

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Cleve Clinton

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Tilting the Scales

Homeschooling: Too Cool For School?

By Cleve Clinton

September 2, 2020

After learning that Buxboro Independent School District would not re-open campuses until September 8th and dismayed that her children Digger (12), Trixie (9) and Hustler (5) would not receive personal instruction, Anna Nicole Pawlenty posted on a Facebook mom group “I’m in Buxboro, and I’m ‘podding up.’ Who’s with me?” . Can just anyone home school their children? What are the implications?…

Tilting the Scales

Stay Shut Down or Be Sued? The Risk to Your Business from COVID-19 Premises-Liability Claims

By Bill Drabble

July 31, 2020

Reeling from months of governmental orders that required all restaurants to close their doors, Chez Quis was elated to re-open and welcome back its diners, even at a reduced capacity. But elation quickly turned to despair when Chez Quis learned that one of its longtime customers, Abe Froman, had sued the restaurant for allegedly contracting the coronavirus (COVID-19) while dining there. Has Chez Quis jumped out of the frying pan and into the fire?…

Tilting the Scales

What Does a Furlough Mean to My Employees?

By Cleve Clinton

July 14, 2020

When restaurants were ordered to shutter – and before PPP – Ernest Bux’s sister Cookie Bux who owns Beef O’Bux Restaurants was in a bind. Should she lay off or furlough employees who were showing up for work to her empty restaurant chain? What’s the difference between laying off employees and furloughing them? What are her options?…

Tilting the Scales

Can an Email Exchange Modify a Lease?

By Cleve Clinton

June 22, 2020

Before the pandemic, Ernest Bux’s niece Chit Bux signed a lease with Iona Mall in an upscale strip shopping center and hired a contractor to build out her dream business – a beauty salon “Cuts & Fluffs.” When Dallas County ordered businesses to shutter last spring, Chit’s “essential business” construction on her salon continued toward meeting the originally scheduled July 1st opening date – perhaps the worst time to open a high-touch, close-quarters beauty salon.…

Tilting the Scales

COVID-19 v. the Constitution: The Conflict Continues

By Bill Drabble

June 3, 2020

united-states-constitution-on-american-flag-picture-id1152320541 (1)

The extraordinary measures designed to slow the spread of coronavirus (COVID-19) continue to cause constitutional clashes. My last post’s opening hypothetical about members of a congregation being ticketed for attending church services has now become a reality, and the Supreme Court has given its first hint on how it would strike the balance between fundamental constitutional rights and the government’s interest in preserving public health.…

Tilting the Scales

Tiger King 2.0: Is a Texas Roadside Zoo Permissible?

By Cleve Clinton

April 30, 2020

Driving through Oklahoma recently and watching Tiger King of late, Ernest “Big Daddy” Bux was intrigued that they are apparently 5,000 to 15,000 tigers in the United States and only 3,500 in the “wild.” Hearing that an 8-12 week old cub offered for “cub petting” in a roadside petting “zoo” could pay back over $1 million, Big Daddy decided that his Big Bux Ranch was big enough to add a roadside business and raise pet…

Tilting the Scales

COVID-19: Are Your Constitutional Rights Quarantined Too?

By Bill Drabble

April 29, 2020

In an attempt to slow the spread of coronavirus (COVID-19), the county judge has issued a shelter-in-place order that prohibits all public gatherings. Violations are a misdemeanor punishable by a fine of $1,000 or 180 days imprisonment. Defying the order, Reverend Elmer Gantry opens his church on Sunday morning to a smaller but still enthusiastic congregation. As the members leave at the end of the service, they are met by a sheriff’s deputy, who hands…

Tilting the Scales

Can COVID-19 Trigger a Force Majeure Defense?

By Cleve Clinton & Bill Drabble

March 24, 2020

Wanting to diversify his investments, Ernest “Big Daddy” Bux signed a franchise agreement with GA Fitness last year. Construction by Big Daddy’s contractor Bill Toosuit is scheduled to be completed for in time for an early May grand opening in the new strip center owned and managed by Mawl & Mawl. Last week, in response to the COVID-19 pandemic, the town’s mayor and the state governor prohibited any gathering of more than 10 people and…

Tilting the Scales

Can COVID-19 Make a Contract Impossible to Perform?

By Cleve Clinton & Bill Drabble

March 24, 2020

Tilting the Scales

Can an Email Exchange Bind a Real Estate Sale?

By Cleve Clinton

February 28, 2020

Sometime ago Ernest “Big Daddy” Bux conveyed a pipeline easement to Nodding Donkey Pipelines for the construction, operation and maintenance of a 24-inch pipeline across his Big Bux Ranch. In an email sent before Christmas, Lannie Landman with Nodding Donkey requested an easement for a second pipeline on the North side of the existing line. Landman’s January email stated “Pursuant to our conversation earlier, Nodding Donkey agrees to pay you $70.00 per foot for the…

Tilting the Scales

Business Issues with a Legal Slant

Blog Authors

Homeschooling: Too Cool For School?

Stay Shut Down or Be Sued? The Risk to Your Business from COVID-19 Premises-Liability Claims

What Does a Furlough Mean to My Employees?

Can an Email Exchange Modify a Lease?

COVID-19 v. the Constitution: The Conflict Continues

Tiger King 2.0: Is a Texas Roadside Zoo Permissible?

COVID-19: Are Your Constitutional Rights Quarantined Too?

Can COVID-19 Trigger a Force Majeure Defense?

Can COVID-19 Make a Contract Impossible to Perform?

Can an Email Exchange Bind a Real Estate Sale?

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