Our Litigation Attorneys Work to Settle Lawsuits at all Stages of the Litigation Process
Our litigation attorneys have written blog posts and recorded live broadcast interviews on a variety of legal topics to keep our visitors informed. This page serves as a jumping off point so you can find and read our blog articles written by our litigation attorneys. Scroll down and click on any title listed below to get to a particular article.
Terminated VP Sued Former Employer for Unpaid Commissions
Posted on February 28, 2019 – A Federal District Court decision in Texas was overturned on appeal based on a condition precedent in the case of an unpaid long-term incentive benefit owed after a vice president was terminated without cause because of a downsize… Read Article
Arbitration Agreements Favor Employer Over Employee
Posted on July 17, 2018 – Does your employment contract contain an arbitration provision? Employers favor arbitration to resolve claims asserted by employees because arbitration is a private, fee-based proceeding, and unlike in a court case, there are no public records or hearings. Under the NLRA, employees can bring a class action or collective action with more clout against an employer to win a claim that is too small for an individual action. But recently, the U.S. Supreme Court decided that employers, through contractual arbitration provisions, can require their employees to arbitrate claims on an individual basis… Read Article
Non-subscriber Insurance Claims for Workplace Injuries
Posted on April 10, 2017 – Are you seeking compensation from your employer for a workplace injury? Is your employer opted in to the Texas workers’ compensation insurance system or not? Many private employers do not opt in… If your employer did not opt in to it; this employer is called a non-subscriber. A claim for compensation against a non-subscriber may be asserted in court through a formal lawsuit. A claim for compensation against the Texas workers’ compensation insurance system is processed differently… Read Article
Arbitration Provisions Involved in Wells Fargo Bank Case
Posted on January 21, 2017 – When a customer opens a bank or brokerage account, s/he signs an account-opening document. This document contains in small print arbitration provisions. Most people do not read or pay any attention to these arbitration provisions. However, they are important and potentially controlling when a dispute arises between the customer and the bank or brokerage firm. In a class action lawsuit brought against it, Wells Fargo Bank is trying to compel the use of arbitration to resolve customer disputes… Read Article
Whistleblowers Could Benefit Monetarily from the FCA Law When Defrauders of the Government are Sued
Posted on November 22, 2016 – Typically, whistleblowers report misconduct in the workplace to their employers or a governmental agency. Whistleblowers often risk retaliation and damage to their careers in the form of discrimination for blowing the whistle on wrongdoing. There are many different kinds of whistleblowers. And, there are a number of specific Texas and federal laws that protect whistleblowers. Also, there is a possibility of receiving monetary compensation if the government recoups damages through the provisions of the False Claims Act… Read Article
Kilgore & Kilgore Will Help You Navigate the Changes to the Federal Discovery Rules
Posted on January 29, 2016 – Discovery is an important part of litigation. Discovery generally occurs after a lawsuit is filed and before trial. In discovery, the parties to the lawsuit obtain documents and information from each other and sometimes from… Read Article
Defamation Lawsuits – Hit Back When You Get SLAPPed
Posted on May 8, 2015 – Defamation lawsuits were wielded like a club up until a couple of years ago. In 2011, the Texas legislature joined what is now 27 states in giving someone hit with a SLAPP defamation lawsuit his own legal defensive weapon when it passed the Texas Citizens Participation Act (TCPA). Under the TCPA, if a lawsuit claim is based on… Read Article
Defamation Lawsuits – Anti-SLAPP Dismissals Just Became a Bit More Difficult
Posted on June 2, 2015 – Last month we gave you an overview of the Texas anti-SLAPP law, called the Texas Citizens Participation Act regarding defamation lawsuits. We told you how useful the TCPA was to persons hit with abusive defamation lawsuits and the like. At the end of April, however, the Texas Supreme Court made it a bit more difficult to obtain the dismissal of a SLAPP defamation lawsuit under the TCPA. The court did so by… Read Article
Springtime Musings: Getting Married This Year? Go in With Your Eyes Wide Open
Posted on March 20, 2015 – Despite their fervent intentions, many engaged couples say I Don’t before signing the marriage certificate. Who gets to keep the engagement ring now that there’s no wedding? It depends on the facts, according to Nick O’Kelly, a Kilgore & Kilgore attorney. Texas applies the conditional gift rule… Read Article
Holiday Gifts in the Workplace – Good or Bad Idea?
Posted on December 31, 2014 – One-minute interview recording of Ted Anderson, Employment Lawyer, from Fox News WILS… Hear It
Drones are Fun Gifts, Right?
Posted on December 31, 2014 – One-minute interview recording of Bob Goodman, Kilgore & Kilgore attorney, who discusses the use of drones received as holiday gifts… Hear It
Taxes Due on Settlement Amounts – Part Three of Three
Posted on September 19, 2014 – Settlement amounts received under settlement agreements that relate to a personal injury or physical sickness are excluded from income and not taxable, while amounts, other than medical expenses, arising from any other non-physical injury or non-physical sickness, such as mental anguish or other emotional damages stemming from the loss of a job, are included in income and are taxable… Read Article
Taxes Due on Settlement Amounts – Part Two of Three
Posted on September 12, 2014 – As we noted in Part One, all money you receive from any source is subject to federal income tax unless a specific exclusion applies. The IRC covers exclusions from taxable income with respect to lawsuits, settlement amounts, and awards. To give you a sense of how complicated this seemingly straightforward tax issue can get, here is one example. As a general rule, dismissal pay, severance pay, or other payments for involuntary termination of employment are wages… Read Article
Taxes Due on Settlement Amounts – Part One of Three
Posted on September 5, 2014 – If you thought that all the money you receive from lawsuit settlement would be treated the same by federal tax law, you thought wrong. Some types of settlement amounts are considered income and subject to tax, while others are not. Failure to properly allocate and report settlement proceeds could result in the IRS knocking on your door… Read Article
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