Posts Tagged ‘Dallas attorney’
Monday, May 7th, 2012
We are pleased to announce that Dallas/Ft. Worth news station KDAF-TV interviewed firm partner Casey Erick on May 4, 2012. The interview focused on whether or not a Texas employee has the right to criticize his or her employer in a public forum. The interview can be seen here. The news story has also been transcribed below:
American Airlines Mechanic Posts YouTube Rant
Dennis Barnett Attacked Airline Management, Union Leaders, Defended Coworkers
CW 33 News
9:33 PM CDT, May 4, 2012
The American Airlines bankruptcy appears to be taking its toll on some AA employees, as one mechanic went on a nearly 17 minute rant that was then posted on YouTube.
From the video, it was clear that Dennis Barnett loved air travel, airplanes and the airline industry. He said in the video his father was an airplane mechanic and he said Barnett had worked on airplanes for much of his life.
But his passion for the airline industry has turned into anger.
“This was the fifth largest airline in the world in operating revenues and available seat miles, and you’ve managed to run it and its fleet of aircraft into the [expletive] ground. How [expletive] dare you,” said Barnett.
Barnett, who wore his uniform in the YouTube clip, read a letter that attacked airline management.
“We need leaders in management, not [expletive] who don’t have a [expletive] [expletive] clue in what it takes to run an airline,” he said.
He also went after the unions.
“Our unions are just as much at fault. Jim Little, shut your [expletive] mouth,” said Barnett.
Barnett defended his coworkers, the men and women he said are on the front lines everyday.
“You are taking advantage of us, the employees of this [expletive] [expletive] airline, how [expletive] dare you, you low life mother [expletive],” Barnett said in the YouTube clip.
American Airlines issued a statement about Barnett’s video, which read, “We are aware of the video and the employee has been withheld from service with pay pending further discussion with him.”
Dallas based employment attorney Casey Erick said posting angry comments online could cost Barnett his job, and he probably wouldn’t have a legal leg to stand on to fight the firing.
“Merely griping and complaining about your boss is not protected And I think people would be surprised how many cases actually fall on the side of the employer,” Erick told CW 33 News.
Erick said in cases where online comments by employees were protected was when it was done with the authority of other employees, or the person was speaking on behalf of fellow employees.
Copyright © 2012, KDAF-TV
Thursday, July 21st, 2011
Dallas Family Lawyer Gives an Initial To-Do List for Your Divorce
You should treat your divorce like a business transaction: aside from the emotional aspects of breaking off a relationship, there are economic considerations such as separating finances and assets that belong to you and your spouse. In this article, Dallas family law attorney Tom M. Thomas II will give you a list of what you need to do to begin the divorce process:
Manage your liquid funds.
- Open a separate checking account.
- Put aside some cash in a safe place, so you can be prepared in case any bank accounts or credit cards are frozen during your divorce.
- Close joint bank accounts, if possible, and split the cash between you and your spouse in a way that both parties agree to.
- Close joint credit card accounts and make sure to get a credit card that’s in your own name. Any previous debt that was in the joint cards can be transferred to your and your spouse’s individual credit cards. Carefully monitor your credit report to make sure that your spouse hasn’t opened up a new joint card or applied for a new joint loan.
Manage your savings.
- Freeze and protect joint investment accounts to make sure that your spouse cannot withdraw cash or place loans against them. Get hard copies of your account statements.
- Ask the retirement plan administrator for a current statement of your spouse’s retirement plan, if he or she has one, as well as a copy of the plan description.
Make some personal provisions.
- List all the property in your home. Keep date-stamped photographs of the more valuable items.
- Get a post office box and a new email account so you can keep all your communications private.
- Change the passwords for your bank accounts, ATM cards, social networking sites, and email accounts. If your spouse has a duplicate key to your car, ask for it back.
Plan your career.
- Inform your boss that you’re going through a divorce, and make an offer to make up the work hours that you will miss because of it.
- If you do not have a job, start looking for a job. The job search includes updating your resume, writing cover letters, researching for jobs, and applying for interviews.
- Look into health insurance options. If you were dependent on your spouse’s health insurance, look into whether it’s available and if it’s affordable for you to continue coverage. Also research other insurance policies and compare.
Keep detailed records.
- Collect and organize information about everything you own (your assets) and everything you owe (your liabilities). This includes your bank and financial statements, your tax returns, insurance policies, and investment account statements.
- Think about what you’re willing to give up and what you want to keep.
- Write for your attorney a succinct account of your marriage that includes: the date you and your spouse moved in together, the marriage date, your children’s birth dates, whether there were any past separations, the dates you acquired various assets, and any separate property that you or your spouse inherited or acquired outside of the marriage.
Be Prepared to Abide by all Court Orders.
- Once filed, the Court that handles your case will probably quickly enter temporary orders addressing most of the issues referenced above. Violating these orders could land you in extremely hot water, so be mindful of them and abide by them.
If you’re going through a divorce, get the help you need from experienced Dallas family attorney Tom M. Thomas II, who can guide you through the process, step by step, and act as your advocate. For a free initial consultation, fill out the form on this page.
Wednesday, July 13th, 2011
Factors That Can Lead to Neck Injuries in Rear-End Collisions
There are countless forces involved in a car accident, and it’s impossible to evaluate every one, even for an experienced accident reconstructionist. Your Dallas personal injury attorney should be able to identify some of the factors that make a neck injury (such as whiplash) more probable. These include:
- The position of your head at the time of the accident. A turned head makes a neck injury more likely.
- The speed of the car that hit you. The faster a car is going at the time it hits you, the more likely it is that you will sustain an injury.
- The size of the car that hit you. A slow but heavy vehicle may actually do more damage in an accident than a faster, lighter one.
- Whether you were wearing a seatbelt. Seatbelts are generally effective at saving lives, but there is some evidence that they make neck injuries worse in rear-end collisions.
- Gender. Women are more likely to sustain whiplash injuries than men are. It’s not entirely clear why this is, but scientists have speculated that it has to do with body shape or seating position.
- Awareness of the impending crash. If you are aware that a crash is going to happen, you might brace yourself for impact. This can reduce your chances of a neck injury, but it can cause other problems in your arms or legs.
Neck injury cases can be particularly tricky because your injury may not show up in medical imaging such as X-rays or MRIs. An experienced Dallas personal injury attorney can help by presenting evidence that the specific circumstances of your crash make whiplash more probable.
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Monday, July 4th, 2011
An Overview of the Texas Deceptive Trade Practices Act (DTPA)
The Texas Deceptive Trade Practices Act (DTPA) protects Texas consumers from deceptive business practices, unconscionable actions, and breaches of warranty. The DTPA allows the Texas consumer to sue for any damages that he or she has incurred as a result of false, misleading, or deceptive business conduct. By providing a no-fault standard for damages, the DTPA makes it easier for consumers to succeed in their lawsuits than would it would be if they sued for fraud or breach of contract.
According to the DTPA, a “consumer” is any person, business, or entity “who seeks or acquires by purchase or lease, any goods or services.” Excluded from this category is the “business consumer” with assets over $25 million.
Certain transactions are exempted from the DTPA: professional services, certain personal injury claims, and large transactions over $100,000.
The DTPA lists five categories of prohibited conduct, which the consumer must base his lawsuit on:
(1) Laundry list violations. The DPTA lists 27 actions that automatically qualify as false, misleading, or deceptive business practices. The consumer must show that he or she relied on the specified act, to his or her detriment.
(2) Breach of warranty. The consumer can also sue if a breach of an express or implied warranty caused the damages. The DPTA does not create or define any of these warranties, but they are established by the Uniform Commercial Code (UCC) and Texas common law.
(3) Unconscionable acts. Unconscionable acts occur when the defendant takes advantage of a consumer’s lack of knowledge, ability, experience, or capacity to a grossly unfair degree.
(4) Violations of the Texas Insurance Code.
(5) Violations of “tie-in statutes.” You can also bring a DTPA lawsuit for a violation of other consumer-related statutes. Some of the tie-in statutes include the Texas Business Opportunity Act, the Home Solicitation Act, the Texas Debt Collection Act, and the Lemon Law.
If you as a consumer have fallen victim to an unfair or unscrupulous business practice, you may have a remedy under the Texas Deceptive Trade Practices Act. Contact our experienced and dedicated Texas consumer law firm today by filling out the form on this page. The initial consultation is free of charge.
Saturday, May 7th, 2011
Criminal offenses are broken down into two categories, misdemeanors and felonies. This article will examine the basics of these categories and provide examples of crimes and penalties for first time offenders.
Less serious crimes are categorized as misdemeanors. In Texas there are three types of misdemeanors, Class A, B, and C.
Class C misdemeanors are the least serious. Examples of Class C misdemeanors are most traffic violations like speeding or running a red light. Other examples are certain city ordinance violations and various other crimes, like public intoxication. Class C misdemeanors are punishable by fine only (not to exceed $500.00), though in Texas, you can be arrested for any Class C misdemeanor with the exception of the traffic violations of speeding and open container of alcohol in a vehicle. Thus, in Texas it is possible to be arrested and temporarily incarcerated for a crime that you cannot be incarcerated for.
Class B misdemeanors are punishable by a fine not to exceed $2,000.00 and a jail term of up to 180 days, or both a fine and a jail term. Examples of Class B misdemeanors in Texas are driving while intoxicated (DWI) and false report to a peace officer.
Class A misdemeanors are the most serious misdemeanors and are punishable by a fine of up to $4,000 and a jail term of no longer than one year, or both a fine and jail term. Examples of Class A misdemeanors are stalking and burglary of a vehicle.
More serious crimes are categorized as felonies. Texas felonies are broken down into five categories, state jail felonies, third degree felonies, second degree felonies, first degree felonies, and capital felonies.
State jail felonies are the least serious felonies and are punishable by a fine of up to $10,000.00 and a jail term of up to two years, or both a fine and jail term. An example of a Texas state jail felony is possession of a controlled substance from penalty group one (like cocaine) of less than 1 gram.
Third degree felonies are punishable by a fine of up to $10,000.00 and a prison term (prison not jail) of up to 10 years, or both a fine and prison term. An example of a third degree felony is theft of property valued at $20,000.00 or more but less than $100,000.00.
Second degree felonies are punishable by a fine of up to $10,000.00 and a prison term of up to 20 years, or both a fine and prison term. An example of a second degree felony is aggravated assault.
First degree felonies are punishable by a fine of up to $10,000.00 and a prison term of up to 99 years or life, or both a fine and prison term. An example of a first degree felony is murder.
Capital felonies are the most serious felonies in Texas and are punishable by an automatic prison term of life or the death sentence. An example of a capital felony is the murder of a public servant.
This is a very general analysis. Punishment for most criminal offenses can be enhanced due to prior final convictions and many offenses have varying penalty grades depending on the facts.
(If you have been arrested in Dallas, feel free to contact our Dallas law firm for a free consultation and a Dallas attorney will contact you to discuss your case.)