Cheryl Mann Details Advantages for Clients Who Use Particular Texas Legal Rule

Experienced attorney Cheryl Mann of The Law Offices of Brad Jackson recently co-authored an article for the Dallas Bar Association publication Headnotes about a simpler and more cost-effective way to resolve important issues in Texas civil lawsuits prior to trial.

Ms. Mann and Cowles & Thompson shareholder Mike Northrup wrote the piece focusing on Texas Rule of Civil Procedure 166(g), which allows courts to decide a variety of legal matters before trial without the time and expense of a full-blown motion to dismiss or a motion for summary judgment.

Legal Rule Benefits Clients in All Types of Civil Lawsuits

In the article, Ms. Mann and Mr. Northrup note the 30-year history of Rule 166(g) and how Texas courts have used the rule to streamline the focus of civil lawsuits well before trial or on the eve of trial. For example, by eliminating the requirement of a 21-day notice for a hearing on summary judgment or a motion to dismiss, Rule 166(g) motions can be decided based on whatever timeline is set by the court.

Other Rule 166(g) advantages highlighted by Ms. Mann and Mr. Northrup include the ability to get a court ruling on pivotal legal issues early in the life of a lawsuit, which allows both parties to focus on discovery matters and other important case developments. Go to Page 14 at this link to read the entire article on the Dallas Bar Association website and see the many other ways Rule 166(g) may benefit your case.

Based in Dallas, The Law Offices of Brad Jackson provides decades of experience representing clients in Texas and across the nation. Brad Jackson is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. The firm handles practically every type of business dispute, as well as cases involving serious personal injury and wrongful death.

Brad Jackson Named Among Dallas’ Best Business Litigation Attorneys

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Local attorneys, D Magazine again say Jackson is one of the Best Lawyers in Dallas

Dallas attorney Brad Jackson of The Law Offices of Brad Jackson once again has earned a spot on the Best Lawyers in Dallas list from the publishers of D Magazine following nominations from other local attorneys and an independent review.

Mr. Jackson is recognized on the 2021 Best Lawyers in Dallas list for his decades of work in business litigation, tort lawsuits, and products liability cases. D Magazine has named him one of the top lawyers in Dallas/Fort Worth for 11 straight years, and he has been Board Certified in Civil Trial Law by the Texas Board of Legal Specialization for more than 25 years.

Mr. Jackson and the other D Magazine honorees are included on the list of the city’s best based on nominations from local lawyers and a separate independent review conducted by the publication’s editors and an anonymous group of leading area attorneys.

Brad Jackson, Cheryl Mann Earn Additional Honors

In addition to being named one of the best lawyers in Dallas, Mr. Jackson also earned selection to the 2021 edition of The Best Lawyers in America along with fellow firm attorney Cheryl Mann. The firm also was recognized on the annual Best Law Firms list published by Best Lawyers and U.S. News & World Report.

During the past year, The Law Offices of Brad Jackson has expanded the firm’s representation of clients in high-net-worth divorce cases and securities fraud claims in addition to its extensive work in business litigation.

Based in Dallas, The Law Offices of Brad Jackson provides decades of experience representing clients in Texas and across the nation. Brad Jackson is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. The firm handles practically every type of business dispute, as well as cases involving serious personal injury and wrongful death.

 

Brad Jackson Helps Client Defeat $100K Fraudulent Transfer Claim

fraudulent transfer

Brad Jackson recently secured a complete victory in a contentious business dispute heard in Dallas district court after one of our clients was wrongly accused of being a party to an alleged fraudulent transfer of $100,000.

The case was tried over several days last year before Judge Dale Tillery of the 134th District Court in Dallas. In an interesting twist, one of the most important documents in the case was originally written in Hebrew and had to be translated into English. During the trial, we also relied on a translator since the people who sued our client spoke Vietnamese.

Beauty Salon Bought with Family Loan

The controversy began in 2013, when our client, a local businessman, loaned his nephew $190,000 at 6 percent interest to buy a beauty salon. Under the terms of the agreement, which was written in Hebrew, our client also was first in line to be repaid if the salon was sold before the loan was paid off.

When the nephew eventually sold the salon, he repaid our client the remaining $100,000 that was owed on the loan. Our client then deposited that money in his bank account to repay a separate loan he had taken out to help his nephew buy the salon.

In 2016, our client’s nephew was sued by two business associates in a dispute over money tied to the already sold salon. A year later, the same two business associates sued our client based on claims they were entitled to the $100,000 that he was repaid more than a year earlier, as well as additional money damages.

Defending Fraudulent Transfer Claim

Relying on his years of legal experience and knowledge of the Texas Business and Commerce Code and the Texas Uniform Fraudulent Transfer Act, Brad argued that for a transfer to be fraudulent, it must be made “without receiving a reasonably equivalent value and the debtor (in this case, our client’s nephew) was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.”

Brad persuaded the Court that our client should not be found in violation of the Fraudulent Transfer Act since extinguishing the obligation to repay the loan was something of value and there was no evidence that the nephew was insolvent when the loan was repaid; that our client believed his nephew was insolvent; or that repaying the loan made the nephew insolvent.

Court Rules in Our Client’s Favor

Earlier this week, we received a final judgment and permanent injunction where the Court dismissed all the claims against our client. We are thankful for the well-reasoned ruling.

This case is a perfect example of how a person or company can become involved in a business dispute through no fault of their own. Our client thought he was simply helping his nephew by loaning him $100,000 only to find out a year later that he was being sued himself for significantly more than the original loan amount. Thankfully, we’ve seen these types of strongarm tactics before and we knew the law was on our client’s side.

Law Offices of Brad Jackson Helps Houston Business Complete Sale

business

The Law Offices of Brad Jackson recently represented Houston-based business Global Waste Services LLC in the company’s successful sale to Houston-based WCA Waste Corporation as part of a deal announced earlier this week.

Brad Jackson led the firm’s work on behalf of Global Waste Services, a provider of trash and recycling services for industrial, commercial and residential customers in and around Houston.

Under the terms of the deal reported in the Houston Business Journal, WCA acquired Global Waste Service’s waste hauling and recycling business, along with its recycling plant and the company’s material recovery facility, both of which are located in the Houston area.

Almost all of Global Waste Services’ 95 employees will join WCA’s existing 1,500 employees, who serve more than 500,000 customers in 11 states.

Experienced in Business Sales, Purchases

The deal was completed on August 31, following Mr. Jackson’s negotiations on behalf of Global Waste Services with in-house and outside counsel for WCA. The financial terms of the deal were not disclosed.

Since being taken private in 2012, WCA has acquired several waste services firms, including Freedom Waste Services LLC and Jones Sanitation LLC in Kentucky and the Missouri-based companies EZ Disposal and Flynn’s Raytown Disposal.

Although the Law Offices of Brad Jackson is best known for our work in business litigation and other civil claims, this deal is an example of Mr. Jackson’s expertise in company sales and purchases. Over the years, he has been called on by a variety of business owners to help them sell and purchase all types of companies and other business assets.

If you are looking to sell or buy a company, call our team at 214-526-7800 or contact us via email for more information about how we may be able to help.