Author Archives: Jay Butchko
Texas Supreme Court Sides with Underwriters Insurance Companies in Finding that Only a Trial Court Judge Has Jurisdiction Over Class Action Claims
In November, the Texas Supreme Court upheld the Court of appeals judgment in a case that involved deciding whether an arbitrator or a trial court judge must decide whether arbitration can be conducted on a class basis; i.e. whether class allegations should be decided in arbitration or in state court. Ultimately, the state Supreme… Read More »
Everything That Comes After the Divorce Is Finalized
As attorneys who practice family law here in Brownsville, Texas, we frequently counsel clients on such issues as child custody and support, division of property, finances, taxes, spousal maintenance, and anything that an individual who is contemplating or going through divorce needs to plan for and think about, but what about after everything has… Read More »
U.S. Supreme Court to Hear Important International Child Custody Case
In December, the U.S. Supreme Court will hear a child custody case of extreme importance in international family law cases concerning the determination of a child’s “habitual residence,” which determines which country they will live in these types of cases. Under The Hague Convention, a child who is illegally taken from their country of… Read More »
The Public Nuisance Doctrine Is Costing Businesses Millions
The use of public nuisance as a cause of action against large companies such as Johnson & Johnson is becoming increasingly popular. The company was recently held responsible for one state (Oklahoma)’s opioid epidemic through the use of its marketing practices, and ordered to pay the state almost $600 million in damages as a… Read More »
Texas Federal Court Highlights That Breach of Contract Cannot Be Excused by Unexpected Surprises
A federal court in Texas recently produced a split decision in a software development agreement case concerning breach of contract and Texas Deceptive Trade Practices Act claims, and the decision highlights just how important it is to work with experienced attorneys when it comes to drafting business agreements and dealing with any related disputes;… Read More »
Deciding What to Do with The Marital Home During Divorce
What couples should do with the family home is one of the most important property division issues that we address in family law. And, like everything else in divorce, there really are no black-and-white answers because every case is unique. Sometimes both parties want to keep the house after the divorce, while sometimes, both… Read More »
Are Some Couples Really Divorcing Just to Save Money?
CNBC recently ran an interesting article on couples weighing the pros and cons of what’s now known as a “strategic divorce” in order to save money on taxes and qualify for certain benefit programs, especially with a number of presidential candidates recently discussing proposed wealth taxes. In a nutshell, this type of divorce essentially… Read More »
Litigation Already Filed Against Zantac Even Without Official Recall from FDA
In September, national pharmacy chain CVS decided to pull the popular heartburn medication Zantac from its shelves and pharmacies due to a possible link to cancer and the Food and Drug Administration (FDA) allegedly finding trace amounts of a carcinogen known as N-nitrosodimethylamine (NDMA) in it and associated generic brands, such as ranitidine. Still,… Read More »
Managing Your Investments During & After Divorce
It is important to make sure that your divorce does not lead to personal financial fallout, especially if you are getting a divorce later in life, after the age of 50, due to the status of your retirement assets after that age. Below, we discuss several tips that we go through with our clients… Read More »
Automotive Product Liability On the Horizon for Tesla’s Smart Summon Feature?
Tesla may very well be in hot water again for an automotive product liability issue. Specifically, their new app – released on September 26 – that allows people to summon the driverless cars in parking lots (“Smart Summon”), which involves a software update (Tesla Version 10.0), has allegedly been associated with a number of… Read More »