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SCOTX Refuses to Recongize Cause of Action for Tortious Interference with Inheritance Rights
June 15, 2017
Earlier today, the Supreme Court of Texas declined to follow a long line of lower court cases when it refused to recognize a cause of action for tortious interference with inheritance rights. However, the court did not preclude reconsidering the issue at a later time as the court indicated it was "not persuaded to consider it here." (emphasis added) See Kinsel v. Lindsey, No. 15-0403 (Tex. May 26, 2017).
June 15, 2017
Earlier today, the Supreme Court of Texas declined to follow a long line of lower court cases when it refused to recognize a cause of action for tortious interference with inheritance rights. However, the court did not preclude reconsidering the issue at a later time as the court indicated it was "not persuaded to consider it here." (emphasis added) See Kinsel v. Lindsey, No. 15-0403 (Tex. May 26, 2017).
The Reasons We Stay Friends With An Ex
June 14, 2017
Why do we sometimes stay friends with ex-partners? There may be many reasons, but according to a new paper in Personality and Individual Differences they fall into seven main categories – and men and women don’t quite see eye-to-eye on them. The research also found that certain personality traits were related to motivations for staying friends after a break-up. From the ratings, Mogilski and Welling identified seven main categories of reason for wanting to stay friends with an ex: Reliability/sentimentality...
June 14, 2017
Why do we sometimes stay friends with ex-partners? There may be many reasons, but according to a new paper in Personality and Individual Differences they fall into seven main categories – and men and women don’t quite see eye-to-eye on them. The research also found that certain personality traits were related to motivations for staying friends after a break-up. From the ratings, Mogilski and Welling identified seven main categories of reason for wanting to stay friends with an ex: Reliability/sentimentality...
The One Simple Thing That Identifies A Narcissist
June 14, 2017
How to tell the difference between a narcissist and someone with high self-esteem. Criticism makes narcissists aggressive, research finds. But people with high self-esteem are not particularly bothered by criticism. This is because, at heart, narcissists often have a strange relationship with their self-esteem, so they hate to be criticised. Any criticism will usually make them aggressive in response.
June 14, 2017
How to tell the difference between a narcissist and someone with high self-esteem. Criticism makes narcissists aggressive, research finds. But people with high self-esteem are not particularly bothered by criticism. This is because, at heart, narcissists often have a strange relationship with their self-esteem, so they hate to be criticised. Any criticism will usually make them aggressive in response.
Duty to Settle and Bad Faith in the Restatement of the Law, Liability Insurance
June 14, 2017
Today the ALI's membership will be asked to review the proposed final draft of the Restatement of the Law, Liability Insurance for approval. Jeffrey Thomas has a piece examining a portion of the Restatement entitled Extra-Contractual Liability in the Restatement of the Law, Liability Insurance: Breach of the Duty to Settle or Bad Faith?. The abstract provides: This paper focuses on the Restatement’s treatment of an insurer’s duty to settle and the duty of an insurer to act in good faith...
June 14, 2017
Today the ALI's membership will be asked to review the proposed final draft of the Restatement of the Law, Liability Insurance for approval. Jeffrey Thomas has a piece examining a portion of the Restatement entitled Extra-Contractual Liability in the Restatement of the Law, Liability Insurance: Breach of the Duty to Settle or Bad Faith?. The abstract provides: This paper focuses on the Restatement’s treatment of an insurer’s duty to settle and the duty of an insurer to act in good faith...
SCOTX Addresses Format of Production, Applies Proportionality
June 13, 2017
Today, we elucidate the guiding principles informing the exercise of discretion over electronic-discovery disputes, emphasizing that proportionality is the polestar. In doing so, we further a guiding tenet of the Texas Rules of Civil Procedure: that litigants achieve a “just, fair, equitable and impartial adjudication . . . with as great expedition and dispatch and at the least expense . . . as may be practicable.” In this dispute over the format of production, the Supreme Court of Texas took...
June 13, 2017
Today, we elucidate the guiding principles informing the exercise of discretion over electronic-discovery disputes, emphasizing that proportionality is the polestar. In doing so, we further a guiding tenet of the Texas Rules of Civil Procedure: that litigants achieve a “just, fair, equitable and impartial adjudication . . . with as great expedition and dispatch and at the least expense . . . as may be practicable.” In this dispute over the format of production, the Supreme Court of Texas took...
Implied Waiver of an Arbitration Clause Is a High Burden
June 13, 2017
A recent case out of Texas, Legoland Discovery Centre (Dallas), LLC v. Superior Builders, LLC, No. 02-16-00425-CV (behind...
June 13, 2017
A recent case out of Texas, Legoland Discovery Centre (Dallas), LLC v. Superior Builders, LLC, No. 02-16-00425-CV (behind...
Arbitration Waived by Litigation Conduct
June 13, 2017
Vine v. PLS Financial Services presents the infrequently-encountered waiver of arbitration rights by litigation conduct. PLS made a short-term loan to Vine; to obtain such a loan, a PLS customer must present a blank or post-dated check sufficient to cover the loan amount and a finance charge. PLS and Vine had a broad, general arbitration agreement. The Fifth Circuit found that PLS waived that right when it submitted inaccurate “worthless check affidavits” under Texas law after Vine defaulted....
June 13, 2017
Vine v. PLS Financial Services presents the infrequently-encountered waiver of arbitration rights by litigation conduct. PLS made a short-term loan to Vine; to obtain such a loan, a PLS customer must present a blank or post-dated check sufficient to cover the loan amount and a finance charge. PLS and Vine had a broad, general arbitration agreement. The Fifth Circuit found that PLS waived that right when it submitted inaccurate “worthless check affidavits” under Texas law after Vine defaulted....
Your Smile Gives You Away
June 12, 2017
Smile and the whole world smiles with you? Well, not necessarily. In a winning scenario, smiling can decrease your odds of success against the same opponent in subsequent matches, according to new research presented by the USC Institute for Creative Technologies and sponsored by the U.S. Army Research Laboratory. People who smiled during victory increased the odds of their opponent acting aggressively to steal a pot of money rather than share it in future gameplay, according to a paper presented...
June 12, 2017
Smile and the whole world smiles with you? Well, not necessarily. In a winning scenario, smiling can decrease your odds of success against the same opponent in subsequent matches, according to new research presented by the USC Institute for Creative Technologies and sponsored by the U.S. Army Research Laboratory. People who smiled during victory increased the odds of their opponent acting aggressively to steal a pot of money rather than share it in future gameplay, according to a paper presented...
A Mediator’s Perspective on Probate and Trust Resolution
June 12, 2017
When probate and trust issues arise, mediation is superior to litigation for resolving disputes. Mediation affords clients...
June 12, 2017
When probate and trust issues arise, mediation is superior to litigation for resolving disputes. Mediation affords clients...
Electronic Wills in Florida
June 12, 2017
The Florida legislature recently passed a bill through both houses authorizing electronic wills and electronic will execution....
June 12, 2017
The Florida legislature recently passed a bill through both houses authorizing electronic wills and electronic will execution....
