Author Archives: Jay Butchko
How Parental Alienation Affects Child Custody in Texas
Parental alienation is one of the most serious issues involved in family law issues, and one of the most difficult ones that we deal with as attorneys who help clients with child custody issues here in Texas. One spouse badmouthing the other parent out of spite and/or in an effort to get the children… Read More »
A Closer Look at The Value of a Postnuptial Agreement
As attorneys who practice family law here in Texas, we talk a lot about some couples’ decision to use a prenuptial agreement (“prenup”) in order to ensure that they are protected in the event of a dissolution of the marriage, but what about a postnuptial agreement? A postnuptial agreement does the same thing that… Read More »
U.S. Supreme Court May Weigh in On Jurisdiction When It Comes to Automotive Product Liability
Two cases that the U.S. Supreme Court will consider hearing in January could determine where, exactly, car companies can be sued for defects. The cases involve product liability claims brought against Ford Motor Co., which is arguing that it should not be able to be sued in the state where the drivers alleging product… Read More »
Texas Supreme Court Will Consider Important Case Involving Insurance Companies’ Duty to Defend Fraud
In January, the Texas Supreme Court agreed to hear an important insurance defense case concerning whether or not an exception to the state rule governing insurers’ duty to defend policyholders as a matter of law existed in a case whereby the insured fraudulently informed all of the relevant parties that she was the one… Read More »
Avoiding Costly, Heartbreaking Legal Battles Over Pets Through Prenuptial Agreements
TIME magazine recently featured an article on just how prominent a part of divorce pets have become; to the point where some are spending upwards of $40,000 in pet custody battles if arrangements have not been addressed in pre- or postnuptial agreements. For a number of people, pets have essentially become the equivalent of… Read More »
Bayer’s Obstacles to Settling the Roundup Lawsuits Is Indicative of a Particular Kind of Product Liability Defense Challenge
Bayer is currently in mediation to settle thousands of product liability lawsuits claiming that the company’s weed killer product Roundup causes cancer. However, many speculate that because these cases raise novel legal questions, there may be some challenges and even some lasting changes to the settlement process when it comes to product liability defense… Read More »
Texas Supreme Court Upholds Importance of Language in Written Contract, Including Literal Interpretation of Conditions Precedent
In late January, the Texas Supreme Court made an important decision upholding the power of the written word when it comes to the formation of partnerships through contractual language here in Texas. As a result of the decision, Texas businesses have to be very careful to ensure that their legal counsel is precise and… Read More »
Can Websites Like Facebook Be Held Liable for Product Liability?
Section 230 of the Communications Decency Act, which shields internet companies like Facebook from liability for a significant amount of what occurs on their platforms, has been getting a good amount of attention in the news of late due to a lawsuit that has been filed against Facebook in Texas and other states over… Read More »
Sexual Abuse Liability Coverage & Duty to Defend in Texas Insurance Defense
The issue of insurance defense litigation when it comes to sexual misconduct claims has been an emerging issue of late in the wake of the Harvey Weinstein scandal, where insurers – after a lengthy battle – agreed to pay approximately $47 million to settle the civil lawsuits brought against the producer. Coverage of sexual… Read More »
Getting Through the Holidays After Divorce
There are a number of individuals, couples, and parents who handled their first holiday after divorce. As attorneys who regularly work with clients going through divorce here in Texas, we frequently receive questions about what to do during this time, especially when it comes to balancing old with new traditions. We also hear from… Read More »