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Bethany Handy

May 24, 2017 By Bethany Handy

Best Restaurants for Out of Town Attorneys to Visit While in Fort Worth

Attorneys from out of town are always asking me what are the best places to visit when they are in Fort Worth. There are so many great places in this town that I am always kind of stumped when they ask so I put together this list.

Best Restaurant to Visit from Out of Town

  • Joe T Garcia’s- If you have to visit one place in town, I’d honestly say that this is it. The atmosphere on the patio is one of kind and the food is really good as well.
  • Reata- If you aren’t in the mood for Mexican food then I’d say Reata is a close second. The rooftop is really great. As far as food goes the chicken fried steak is great and at lunch they have great sandwiches.
  • Chimys- Great relaxed atmosphere. Lots of people don’t realize but their burgers are really good.
  • Railhead- Arguably the best BBQ in the city. I would recommend the fried turkey. The service is great.
  • Freds- Two locations one off of W 7th and one off of Blue Bonnet Circle by TCU. Great old school taste. I would recommend getting it on Texas Toast. Also both locations have great live entertainment at night.
  • Buffalo Bros- Great pizza, sandwiches, and wings. Also a really great place to watch a game.
  • Bearded Lady- Great selection of micro brews. Also burger was named in Texas Monthly as one of the best in the state.
  • Cattlemens- If you are wanting to check out the stockyards this is a great place to go. Great steaks and calf fries.
  • Angelos- Great BBQ and cold schooners.
  • Reservoir- Great service and great food. Best TV Setup in town for games.

Are you hungry yet? Let me know the best restaurant in your city in the comments below. I am always looking for new places to try.

Filed Under: Stories

May 17, 2017 By Bethany Handy

Responsible Third Parties | Proportionate Responsibility in the State of Texas

The 2011 amendments to the Texas Responsible third party law, while probably well intentioned have created a situation that is clearly at odds with the original intent of the responsible third party statute. Originally the idea behind the statute was to allow defendants the opportunity to have the jury apportion fault to parties who could not be made a party to the lawsuit. Usually these were instances where either the responsible third party could not be located or the Court lacked jurisdiction over the party. Also there are times when a party’s whereabouts are known and the Court has jurisdiction over the party, but there is very little incentive for the Defendant to bring that party in as a co party. These would be situations where the party is essentially judgment proof because the party lacks financial resources or insurance.

Over the years, the responsible third parties have morphed into essentially an unrepresented defendant that is effectively an empty chair for the defendant to point the finger. This is especially a problem when a Defendant designates a responsible third party after the applicable statute of limitations has run. Prior to 2011, if a Defendant designated a responsible third party after the Statute of Limitations had run, the Plaintiff was allowed to bring suit against that party so long as he did so within thirty days of the designation. “Under this scenario, all culpable parties were before the court, defending themselves, and accountable to the plaintiff for their percentage of responsibility,” thereby achieving “a carefully constructed scheme balancing the interests of both defendants and claimants.”

In 2011, the Texas Supreme Court ruled that the statute of limitations laws in Texas trumped the plaintiff’s ability to join a time barred responsible third party. The Court was deeply divided on the issue. The dissenting justices noted the strategic advantages that a Defendant gains by designating a responsible third party for purpose of shifting liability. If a plaintiff is not allowed to join a time barred responsible third party, it is forced to prove the liability of the defendant while simultaneously defending against an empty chair. This would disrupt the balance that the original responsible third party law had sought to maintain.

After the Court’s ruling, the legislature sought to address this issue and implemented a system that allows a for Defendants to designate responsible third party after the statute of limitations, so long as it has complied with its obligations to timely disclose that person as a responsible third party under the TRCP. The Texas Rules of Civil Procedure require that a Defendant must respond to a request from the Plaintiff to disclose the names of all possible responsible third party. Once the Plaintiff has sent the request and the Defendant has responded, the Defendant is under a duty to timely supplement these responses.

Although the new amendment may seem fair to everyone on its face, from a practical perspective it has made the situation worse. Defendants aren’t required to elaborate as to why the party is a possible responsible third party. Thus a wise Defendant will always disclose as many possible responsible third party as possible even if it has no evidence or reason to believe that the party has any culpability. Plaintiff is then put in a binned when the statute is about to run and it must decide whether or not to bring suit against the party listed as possible responsible third party or risk Defendant designated the responsible third party after the statute has run and risk having to defend an empty chair.

For instance, let’s say that a property owner hires a contractor to build an office building. The contractor hires an architect, structural engineer, electrician, a plumber, mechanical engineer, a roofer, and a framer. The building is complete and almost immediately upon taking position the owner notices that there is problems with leaks. The owner continual tries to repair the building and but after about a year and half there is a significant leak in the building that causes significant damage. The owner conducts an independent investigation and after about a month of due diligence the owner determines that the contractor, the plumber, and one of the other subcontractors are at fault and the owner brings suit. In this hypothetical let’s say that the owner filed suit about 22 months after the owner took possession. In construction defect cases like these the statute of limitations isn’t always so clear. Under this scenario it is possible that the statute of limitations begins to run when the owner took possession of the building.

The Contractor names all of the subcontractors as possible responsible third parties. But does not provide a reason. The owner can’t figure out what the other contractors possibly did wrong, so the owner declines to bring them into the suit. Three months later, the contractor designates all of the subcontractors as responsible third parties. Now the Plaintiff has too show liability against the Defendants but also must defend against the empty chair of the responsible third party.

Let’s say on the other hand that the Plaintiff decides to bring them into the litigation, even though he believes that the contractor and the other defendants are truly the culpable parties. Although this scenario is probably better for the Owner, there are obviously problems with expanding the scope of the litigation like this is the exact opposite of what the responsible third party were intended.

Filed Under: Stories Tagged With: Business Litigation

March 29, 2017 By Bethany Handy

Say Howdy to Rob Henry: Fort Worth’s Hometown Attorney

Fort Worth Attorney Robert L. Henry
Fort Worth Attorney Robert L. Henry can answer your questions.

Rob Henry grew up in Fort Worth, Texas knowing that one day he was likely to follow in the footsteps of the father he admired, who had his own very successful practice in the area for a little over 30 years. And in spite of the many focused years of pursuing the education that brought him to the place he is now, opening his own Fort Worth practice, Rob still makes jokes about what guided his decision to practice law – in his own words, “I decided to become a lawyer because I was bad at math. But that really isn’t it.”

Rob’s easygoing sense of humor and congenial attitude may put the clients he represents at ease, but putting all jokes aside, it’s very clear what choosing to go into the legal field meant to him when he expands on the reasons behind his choice to become a lawyer, saying that the opportunity to help people was what drew him to the field.

It’s the kind of answer that anyone seeking honest, respectful legal assistance is relieved to hear, and Rob is genuine in his desire to help the people who need him. He treats all of his clients with honesty and respect even when that means telling them something they do not want to hear. To Rob, very case is important, and the most rewarding part of his job is helping someone work through a problem or a challenge that he or she is facing. Rob Henry is the kind of lawyer that strives to get to know each and every one of his clients on a personal level—a trait that is becoming a rarity these days in the legal field and one that Rob feels is still incredibly important.

Rob is a true Texas native, born, raised, and now at his own practice in Fort Worth after receiving his Bachelors in Political Science at Texas Tech University, his Juris Doctorate from the Texas Tech University School of Law and his Master of Business Administration (MBA) from the Texas Tech University Rawls College of Business. He spent an invaluable first year out of law school working with his father and partners at Jose Henry Brantley MacLean & Alvarado before building his own practice in the Dallas-Fort Worth area.

A Personal Injury and Civil Trial attorney, Rob handles a variety of civil litigation cases that range from personal injury matters to commercial and business disputes. His efforts have also earned him the recognition of his peers in the Fort Worth area – Rob has been selected as a Top Attorney for both Personal Injury and Civil Litigation in Fort Worth Magazine every year since 2013, as well as a nod for “Personal Injury Attorney Worth Knowing” in 2016.

And Rob is definitely an attorney worth knowing. His love for Fort Worth and the surrounding area, as well as the people in it, are easy to see when he’s asked about his reason for returning to practice in the town where he was born and grew up. To Rob, one of the best things about the city of Fort Worth is how philanthropic and helpful the people who live in it are, and with every client he takes, Rob tries to exhibit that same sense of helpfulness that the city of Fort Worth has shown him.

 

Filed Under: Stories

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