Menchaca Holding Affirmed on Rehearing, with Additional Clarification
Today the Texas Supreme Court issued its opinion on rehearing in USAA Texas Lloyds Co. v. Menchaca confirming the Vail principle that policy benefits wrongfully withheld can be…
Telecommuting and Employment Law
According to the 2017 State of Telecommuting in the U.S. Employee Workforce Report, nearly 4 million U.S. employees – almost 3 percent of the U.S. labor force – work from home…
Child Support Deviations: What They Are, What They Do and How Do You Get One
As many separating couples with children know, child support in New York is subject to a mathematical formula. But just because there is a formula to determine the amount of child…
Virtual Visitation Provides Supplemental Rights
A hypothetical scenario –A divorced couple develops a child custody plan where the non-custodial father has visitation with their three children every other weekend. The…
The Ink is Dry, but is the Deal Done?
You have worked long and hard and put a lot of thought and compromise into your Separation or Divorce agreement. You and your lawyer crafted each article carefully and defined…
The Difference Between Guardianship and Custody of a Child
You may be wondering if there’s a difference between having custody verses having guardianship of a child. Although these are similar legal concepts, they actually differ in a…
Punitive Damages are not “damages for bodily injury”—Holding Stands as Court Denies Rehearing En Banc
In Farmers Tex. Cty. Mut. Ins. Co. v. Zuniga, No. 04-16-00773-CV, 2017 WL 5471887 (Tex. App.—San Antonio Nov. 15, 2017, reh’g en banc denied), the court considered whether…
With Two Nominees, the MSPB May Soon Have Its Quorum
Two people may be on the way to replace the one person left on the Merit Systems Protection Board (MSPB). President Donald Trump nominated two individuals to fill vacant spots at…
Texas Supreme Court Denies Petition Challenging Greene v. Farmers Ins. Exchange
On March 16, 2018, the Texas Supreme Court denied the petition for review in American Risk Ins. Co., Inc. v. Serpikova, No. 14-14-00859-CV, 522 SW3d 497 (Tex. App.—Houston…
50 Years after ADEA, Age Discrimination Remains a Problem
50 Years after ADEA, Age Discrimination Remains a Problem The Age Discrimination in Employment Act (ADEA) is 50 years old. Yet, the protections it put in place for older employees…