E-mail alert 7-15-03

The McTexLaw Email Alert for July, 2003

In this issue, we look at a recent case out of Fort Worth where the Court “pierced the veil” on a simple slip and fall case, and imposed a $20,000 judgment against the corporation’s owner. We’ll also see what not to say in letters as you negotiate the resolution of a contract (commercial lease) that’s in default.

As promised, here’s my list of the Top 10 New Laws Interesting for All the Wrong Reasons. And if you need some ideas for your Will, what better place to get them than from reading those of some of the U.S.’s rich and famous? We’ll tell you where to get information that’s even more interesting than E!’s “True Hollywood Stories.”

New on The McTexLaw Business Owner’s Resource Center:

Piercing the Veil 3: Sole Shareholder Liable in Slip and Fall Case

The third article on this website to deal with piercing the corporate veil, this one comes in a simple slip and fall case. You can almost picture the scene. Billie Jean Carey meanders down to the local bingo parlor, plays a few rounds with no luck to speak of, and leaves around 10:30 p.m. Thinking her bad luck is done for the evening, she sulks through the parking lot back to her car. Unfortunately, a speed bump stood between her and a safe ride home. And that was all it took. One broken wrist and bad bruise later, the court pierced the corporate veil and stuck the owner with personal liability. Click the headline to read how this happened, and get some special insights into this case from the defendant business owner’s trial lawyer. Schlueter v. Carey, Texas Court of Appeals–Fort Worth, Case No. 2-01-409-CV, June 5, 2003.

New on The McTexLaw Commercial Real Estate Resource Center:

Be Careful How You Word Negotiations After You Sign a Contract

Very typical scenario: 2 parties negotiate and sign a contract. Then, one party has difficulty performing. Other party, showing some compassion, extends an olive branch. Defaulting party, given an inch, tries to take a mile, to make sure that no good deed goes unpunished. Read this article for a good example of why you should be very careful in what you say, for in commercial real estate, there is no 5th Amendment. Fulcrum Central v.. Autotester, Inc., Texas Court of Appeals–Dallas, Case No. 05-02-01132-CV, March 17, 2003.

New On the McTexLaw 2003 Legislation Tracking Center:

Top 10 New Laws Interesting for All the Wrong Reasons

It’s the Top 10 List you’ve been waiting for, the Top 10 Laws Interesting for All the Wrong Reasons. Click the headline to read about 10 very interesting, perhaps unusual, often unnecessary, new laws to come out of the recent Regular Legislative Session.

The Official Report: Big, Long, Detailed

For those of you interested in reading a more detailed report of the newly passed real-estate related legislation, we have the official report of the Legislative Affairs (Real Estate Division) Committee, of the Real Estate, Property and Trust Section, State Bar of Texas, entitled Legislative Update – Significant Bills of the 78th Legislature Affecting Real Estate, Lending, and Other Commercial Matters. It’s about 60 pages long, and is available in the three most common formats.

WHAT HAPPENS WHEN THE FAMOUS PASS ON?

Perhaps you’ll be glad to know that no one is above the law when it comes to dying. You can’t take it with you. To put it more colloquially, I’ve never seen a hearse pulling a U-Haul. Here’s a website for the curious, who may be interested in reading the Last Wills of various famous persons, including Princess Diana, Jackie Kennedy, President Richard Nixon, Elvis Presley, and Babe Ruth. Need some ideas for your own “post mortem” planning? Check out this treasure trove, at www.ca-probate.com/wills.htm.

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