Take the Fifth: Dec. 15, 2020 opinions

Designated for publication Cohen v. Gilmore, 19-20152, appeal from S.D. Tex. Graves, J. (Graves, Costa, Engelhardt), fraudulent transfer Affirming in part and vacating in part rulings of the state trial court entered prior to bankruptcy removal, and remanding to the federal district court for further proceedings. Plaintiff brought claim for fraudulent transfer in a real … More Take the Fifth: Dec. 15, 2020 opinions

Take the Fifth: Nov. 2-6, 2020 opinions

Designated for publication Pizza Inn, Inc. v. Clairday, 19-11302, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), breach of contract, equitable intervention doctrine Reversing district court’s upholding of jury verdict in favor of franchisee, applying equitable intervention doctrine and awarding damages and attorneys’ fees to franchisee for pizza franchise’s refusal to renew contract when … More Take the Fifth: Nov. 2-6, 2020 opinions

Take the Fifth: Oct. 8, 2020 opinions

Janvey v. GMAG, LLC, 17-11526, appeal from N.D. Tex., designated for publication Stewart, J. (Stewart, Dennis, Willett), Texas Uniform Fraudulent Transfers Act, fraudulent transfer After earlier vacating prior panel decision and referring to Texas Supreme Court to answer legal question regarding Texas Uniform Fraudulent Transfers Act (“TUFTA”), Court entered new opinion reversing district court’s judgment … More Take the Fifth: Oct. 8, 2020 opinions

Take the Fifth: Oct. 2, 2020 opinions

Basic Capital Management, Inc. v. Dynex Capital, Inc., et al., 19-11272, appeal from N.D. Tex., designated for publication King, J. (King, Stewart, Southwick), commercial, fraudulent transfer, alter ego, limitations, res judicata Affirming 12(b)(6) dismissal on time-bar and res judicata grounds of plaintiffs’ complaint asserting claims fraudulent transfer and alter ego. Plaintiffs had gained a $55 … More Take the Fifth: Oct. 2, 2020 opinions