The federal removal statutes preclude a case from being removed if a local defendant has been “properly joined and served.”  28 USC § 1441(b)(2).  When, however, a defendant removes a case to federal court before a local defendant has been served, it is typically referred to as a snap removal.  Last month the Fifth Circuit […]

In March 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”).  The CARES Act contains provisions which affect Chapter 7 and 13 bankruptcy debtors, as well as debtors proceeding under the new form of small business bankruptcy created by the Small Business Reorganization Act of 2019 (“SBRA”).  SBRA, which took

On April 27, 2020 Governor Greg Abbott hosted a press conference at which he announced “Phase I” of a three phase plan to reopen businesses across the state, and begin relaxing restrictions put in place to combat the spread of COVID-19.  At the press conference, the Governor issued three executive orders which mark the first

FORT WORTH, TX – Stephen L. Tatum, Jr., a Partner with Cantey Hanger LLP, has accepted the Assistant (Chief of Staff) position to Ken McQueen, the Regional Administrator of the Environmental Protection Agency Region 6, which covers Texas, New Mexico, Oklahoma, Arkansas and Louisiana. Before joining Cantey Hanger, Tatum was a Deputy Commissioner of the

On April 10, 2020, the U.S. Department of Health and Human Services (“HHS”) started distributing $30 billion of the $100 billion in funds appropriated under the CARES Act’s Public Health and Social Services Emergency Fund (the “Relief Fund”) to healthcare providers. On April 22, 2020, HHS announced that it would begin distributing an additional $20

With the issuance of Executive Order GA-16, Texas has started to loosen the COVID-19-related restrictions on certain business operations.  Beginning on April 24, 2020, retail services that are defined as “reopened services” will be allowed to operate.  “Reopened services” are “retail services that are not ‘essential services,’ but that may be provided through pickup, delivery

The President’s Proclamation Suspending Entry of Immigrants into the U.S. has now been issued and is effective at 12:59 PM ET, April 23, 2020. The Proclamation applies only to aliens who are outside of the U.S. on April 23, 2020, who do not have an immigrant visa that is valid as of April 23, 2020,

This article appears online at law.com published on April 21, 2020. The eight-corners rule is an obvious, self-explanatory rule.  It says what it means, and it means what it says, right? Maybe.  It’s complicated. Under the eight-corners rule, an insurer’s duty to defend its insured is determined by comparing the claims asserted in the “four

Frequently Asked Questions The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law by President Trump on March 27, 2020.  The purpose of the CARES Act is to provide emergency assistance and health care response for individuals, families, and businesses affected by the 2020 coronavirus pandemic.  One of the primary mechanisms

Cantey Hanger Partner and Chair of the firm’s Business, Tax and Estates section, Doug Clayton, is participating in Tech Fort Worth’s TechNest Webinar.  His presentation will be “Questions Businesses Ask their Attorneys During a Crisis” to be given via Zoom Conference on April 14, 2020 at 4:30 pm.  Click here to register for this virtual

In January and February, the Supreme Court of Texas published two decisions that focus squarely on the freedom of contract in the energy industry. By John Polzer and Machir Stull | April 06, 2020 at 06:37 PM       John Polzer, left, and Machir Stull, right While the novel coronavirus continues (rightfully so) to garner all the headlines, it

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). Under the CARES Act, small businesses, sole proprietorships, independent contractors, and self-employed individuals may apply for loans administered by the Small Business Association’s (“SBA”) Paycheck Protection Program (“PPP”). The SBA launched a CARES Act webpage (https://www.sba.gov/funding-programs/loans/paycheck-protection-program-ppp), and

Texas Governor Greg Abbott has issued Executive Order GA-14, which became effective today, April 2, 2020.  This order adopts the definition “essential services” from the U.S. Department of Homeland Security’s “Guidance on the Essential Critical Infrastructure Workforce, Version 2.0” but also adds religious services to the list of allowed activities.  Notably, this statewide definition of

On March 25, 2020, Governor Greg Abbott announced that the Small Business Administration (“SBA”) had included the state of Texas in its Economic Injury Disaster Declaration, thereby paving the way for small businesses to access the SBA’s Economic Injury Disaster Loan (“EIDL”) Program. The EIDL program has been around for a while, but was only

  The following, non-exclusive list presents potential remedies for tenants who are still obligated to pay rent while their businesses have been closed due to local orders, however, in many cases, commercial tenants are not afforded the protections provided to residential tenants: Absent the existence of a threat to person or for just cause, the

 As the threat of COVID-19 virus spreads, local governments throughout North Texas ordered many businesses—such as retail, restaurants, bars, gyms, and hair salons—to close. With these protective measures comes unemployment, unpaid bills, and possibly bankruptcy. This expansion of government power leads to the question of whether the government is correspondingly responsible for their orders’ economic

Travelers contemplating traveling outside of Texas in the coming weeks should think twice before doing so.  Or, if you continue with your travel plans, expect a mandatory 14-day self-quarantine on your return home to Texas if you have traveled through an airport from one of the coronavirus “hotspots.” The list of coronavirus hotspots is growing

Many local governments are issuing shelter-in-place-style orders in response to Covid-19.  Typically, these orders have a blanket prohibition that significantly limits personal and business activities.  Then the orders typically make exceptions for certain activities, people, or businesses that are defined as “essential.”  In many orders, the definition of “essential” is loosely defined, making it difficult to

On March 18, 2020, the Families First Coronavirus Response Act (FFCRA) was signed into law as one of the first major federal legislative initiatives in response to COVID-19.  In addition to addressing insurance coverage of COVID-19 testing, nutrition assistance for students, and unemployment benefits, the FFCRA also requires certain employers to provide their employees with

Late yesterday, the Texas Medical Board (“TMB”) adopted rules to enforce the Texas Governor’s Executive Order and its prohibition against performing surgeries and medical procedures that are not immediately medically necessary, through April 21, 2020. TMB President Sherif Z. Saafran, M.D. explained, “[t]he Texas Medical Board has echoed the strong recommendations for providers and health care