Topic
Mental Capacity
99 published works
Oklahoma Insurance Law
Arbitration Might Not Be Required If No Mental Capacity To Knowingly Enter Into Contract
The plaintiffs, Walker Bark and Debra Yahquo, signed two contracts with Lake Country Chevrolet to purchase automobiles. A disagreement arose over the vehicles. Unable to resolve the dispute to their…
The Fiduciary Litigator
Court Refuses To Enforce Arbitration Clause Due To Lack Of Mental Capacity
In Oak Crest Manor Nursing Home, LLC v. Barba, a plaintiff sued a nursing home for negligently allowing a patient with mental disorders to leave the facility and jump from…
Employment Law Worldview
Unwinding settlement agreements through lack of mental capacity
When you sign up a Settlement Agreement with an ex-employee you think that’s the end of the matter, right? Clearly that is the general intention, but we already know that…
Reproductive Rights Prof Blog
CO Planned Parenthood Shooter Still Awaits Trial; Dr. Tiller’s Murderer Gets a Lighter Sentence
Rewire (November 28, 2016): A Year After the Colorado Planned Parenthood Shootings, Still No Trial in Sight, by Jessica Mason Pieklo:On November 17, 2015, Robert Lewis Dear, Jr. opened fire…
Death Penalty
Texas Use of the ‘Lennie Standard’ for Mental Competency in Death Penalty
By Terry Lenamon / Reba Kennedy
For those like Terence Lenamon, who fight on the issues of mental illness and intellectual ability in capital punishment, the use of the "Lennie Standard" by the State of Texas…
Wills, Trusts & Estates Prof Blog
Challenging Mental Capacity in Marriage
A common scenario in estate litigation involves a common law widow seeking a share of an estate. Circumstantially, Texas recognizes common law marriage, and it is effectively the same as…
Estate Planning Blog
The “Sound Mind”
By Katie Sauer
Estate Planning, Estate Administration and Probate, Tort and Insurance Defense Blog The “Sound Mind”June 28, 2016 Practice Area: Estate Planning, Estate Administration and Probate, Tort and Insurance Defense Defining Mental Capacity…
Wills, Trusts & Estates Prof Blog
Deciding Sumner Redstone’s Mental Acuity
With Sumner Redstone’s declining health, the case to decide his mental acuity is becoming more difficult and more pertinent with so many third parties involved. To determine his competency for…
Wills, Trusts & Estates Prof Blog
Article On Insane Delusions And The Law
Joshua C. Tate (Southern Methodist University Dedman School of Law) recently published an article entitled, Personal Reality: Delusion in Law and Science, 49 Conn. L. Rev. (2017). Provided below is…
Reproductive Rights Prof Blog
Planned Parenthood Attacker Unfit for Trial
New York Times (May 11, 2016): Judge Finds Planned Parenthood Shooting Suspect Unfit for Trial, by Jack Healey:Robert Dear, the profoundly disturbed gunman who murdered 3 persons and maimed 9…