Well, 2024 has certainly flown by. We have already celebrated Thanksgiving and the Christmas Season is in full swing. This is the time of year when, in spite of our busy schedules, we should take time to be thankful for the many blessings we have and to see the world through spiritual eyes emphasizing priorities of faith and family. On behalf of our entire firm, I truly wish that you have a peaceful and joyful Christmas Holiday Season. Speaking of the years flying by, effective January 1, 2025, I will become senior counsel for Fletcher Farley, gladly relinquishing all of my duties for the management of the firm. I will continue to stay on with the firm mentoring, strategizing and maintaining the critical relationships between our clients and the senior lawyers to whom you are entrusting your important legal work. Please be assured that I will maintain this position for the foreseeable future and look forward to continuing to assist in the representation of the best clients any firm could wish for. Finally, I hope Santa Claus grants all of your wishes and that you take time during this season to think of the less fortunate.
Sincerely,
Doug
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Joke of the month: Why wasn't the burglar arrested for stealing the lawyer's gifts under the tree? (see answer at the bottom of the newsletter)
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Deemed Admissions? "Not so Fast"!
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In the case In re Euless Pizza, LP , a per curiam opinion issued by the Texas Supreme Court on December 6, 2024, the issue before the Court was whether a defendant could withdraw and amend a response to a request for admission that an employee was in the course and scope of employment as a pizza delivery driver at the time of the accident with the plaintiffs. The defendant initially admitted course and scope based on the driver’s report that the accident occurred while out on a delivery. However, after conducting discovery, which included depositions and reviewing voluminous records from the Euless Police Department, it was revealed that the driver was street-racing with another delivery driver at the time of the accident. The defendant sought leave to withdraw the previous admission of course and scope. The trial court denied leave and the court of appeals denied defendant’s request for mandamus relief, but the Texas Supreme Court granted mandamus and held that leave to withdraw and amend should be granted.
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The Court noted the “basic principles” regarding RFAs, which are intended to simplify trial by eliminating “uncontroverted matters or evidentiary ones like the authenticity or admissibility of documents,” but were never intended to be used as a demand upon a plaintiff or defendant “to admit that he had no cause of action or ground of defense.” In keeping with these principles, the Court held that the trial court should allow a party to withdraw or amend an admission “upon a showing of (1) good cause, and (2) no undue prejudice.” The Court held that the defendant had satisfied both prongs because the initial “course and scope” response was made only four months into the case based on information that turned out to be inaccurate or incomplete, thus establishing good cause (an accident or mistake), and there was no undue prejudice to plaintiffs as the denial for leave compromised defendant’s presentation of its case on the merits by eliminating its ability to controvert plaintiffs’ scope-of-employment allegations.
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Anne Meadows: 12/2 -22 years
J.R. Moore: 12/4 - 1 year
Isra Bheda: 12/5 - 2 years
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Our staff handed out gifts to residents at a local assisted living facility. It was a heartwarming moment to kick off the holiday season and spread some cheer!
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What better way to wrap gifts for charity than with a gift wrapping party! Our team had a blast spreading the holiday cheer.
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We took a moment to celebrate the fast approaching holidays by enjoying a luncheon together.
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Joke of the month: He claimed he was entitled to the presents of an attorney.
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