On November 14, 2019, The Texas Appellate Court Upheld The Denial Of An Anti-SLAPP Dismissal Motion Obtained By Tishkoff For Its Property Developer Client.
The acronym “SLAPP” describes a strategic lawsuit against public participation. This type of lawsuit is intended to censor, intimidate, and silence individuals by subjecting them to legal defense costs, with the aim that the defendant will abandon the exercise of their speech, petition and association rights. In a SLAPP, the plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs, or simple exhaustion and abandons constitutionally protected rights. Legislation in a number of states has made SLAPPs illegal. Thirty states have enacted legislation providing protection against SLAPPs.
SLAPP legislation must struggle to craft provisions affording a mechanism for early termination of invalid and abusive suits, without stymying valid claims. Unfortunately, misuse of Anti-SLAPP legislation has proliferated in many jurisdictions, with some defendants creating barriers to individuals and businesses exercising their right to petition and seek redress for defendants’ wrongful conduct.
Texas Anti-SLAPP legislation, known as the Texas Citizens Participation Act (TCPA), has been under considerable criticism as a vehicle of abuse by certain defendants. The Second Appellate District of Texas at Fort Worth (“Second Appellate District”), in appellate case number 02-19-00115-CV, on November 14, 2019, posted its Memorandum Opinion for Defendants’ appeal of the denial of an Anti-SLAPP dismissal motion granted in favor Tishkoff’s property developer client in Denton County, Texas. In its Memorandum Opinion, the Second Appellate District upheld the Trial Court’s denial of Defendants’ motion to dismiss under the TCPA. The Second Appellate District ruled that “[n]one of [Plaintiff’s] claims implicate the free speech, petition, or association rights defined in and protected by the TCPA.” The full text of its Memorandum Opinion is posted by the Second Appellate District on its website at the following
LINK
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What is a Franchise Agreement?
A franchise agreement is a legal agreement that creates a franchise relationship between a franchisor and a franchisee. Within a franchise agreement, the franchisee is granted the legal right to establish a franchised outlet and operation where the franchisee, among other things, obtains the license and right to utilize the franchisor’s trademarks, trade dress, business systems, operations manual and sources of supply in offering and selling the products and/or services designated by the franchisor.
The Franchise Agreement must be legally disclosed as an exhibit to a franchisor’s Franchise Disclosure Document. The Franchise Disclosure Document must be disclosed to prospective franchisees prior to offering or selling any franchises. The franchise agreement serves as the primary and most important legal document that will govern and define the legal relationship between franchisor and franchisee. Within the franchise agreement, the franchisor will be granting its franchisees the legal right to establish and develop their franchised locations and, in turn, the franchisees will be undertaking the obligation to establish and maintain their franchised operations in accordance with the mandates of franchisor’s system and to pay franchisor certain on-going fees.
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What is the Business Judgment Rule?
The business judgment rule is invoked in lawsuits when a director of a corporation takes an action that affects the corporation, and a plaintiff sues, directly or derivatively (i.e., on behalf of the corporation), alleging that the director violated a duty of care to the corporation.
The business judgment rule is a case law-derived doctrine in corporate law that, within certain bounds, courts will defer to the business judgment of corporate executives.
The business judgement rule gives directors protections from honest mistakes if they act with due care and loyalty. It is inapplicable if directors commit oppression or breach their fiduciary duties, or if the directors stand to gain a personal benefit.
Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law. The contact information for the Tishkoff attorneys is available at Tishkoff web site:
https://tish.law/
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Stay in touch with Tishkoff:
http://bit.ly/TishkoffPLC
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What is Stare Decisis?
Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. Stare decisis ensures that cases with similar scenarios and facts are approached in the same way. Simply put, it binds courts to follow legal precedents set by previous decisions.
Stare decisis is a Latin term meaning "to stand by that which is decided."
Stare decisis is important because it is essential to the doctrine of precedent, according to Cornell University Law School. Stare decisis means a court will stand by a ruling previously issued in earlier cases. This method is used to determine rulings in lower courts as well. Once a court has issued a ruling, all lower courts must have the same response in future cases.
Stare decisis sets an interpretation of the law that is expected to be followed in subsequent cases. In the United States, courts seek to follow precedent whenever possible to avoid disturbing matters that have already been settled.
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Ann Arbor Film Festival
When: Tuesday, March 24, 2020 - Sunday, March 29, 2020
Where: Downtown Ann Arbor
Liberty & State Street Area
Ann Arbor, MI 48104
The Ann Arbor Film Festival is the longest-running independent and experimental film festival in North America. Founded in 1963, the AAFF serves as a critical forum for filmmakers to show their creative work and a premier showcase for bold, visionary, experimental and high-caliber films. In 2019, AAFF was ranked No. 1 film festival in North America in the USA Today Readers' Choice Travel Awards contest.
The 58th festival takes place March 24 – 29, 2020, in downtown Ann Arbor. The AAFF receives more than 3,000 film submissions from more than 100 countries and showcases more than 140 artist-made films from around the world. The festival also awards more than $20,000 to 25 or more filmmakers, providing direct support to talented and independent artists. Since its inception, the AAFF has provided support and recognition for the early works of thousands of influential filmmakers and artists, including Andy Warhol, Yoko Ono, Kenneth Anger, Gus Van Sant, Barbara Hammer, George Lucas, Agnes Varda, Vin Diesel, and Devo.
The AAFF serves as one of only a handful of qualifying festivals in the U.S. for the Annual Academy Awards short film category.
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Dance for Mother Earth Powwow
When: Saturday, March 28, 2020 from 10:30 AM to 10:30 PM &
Sunday, March 29, 2020 from 10:30 AM to 6:00 PM
Where: Skyline High School
2552 N. Maple Road
Ann Arbor, MI 48103
The Native American Student Association invites you to the 48th Annual Dance for Mother Earth Powwow on Saturday March 28 and Sunday March 29.
Welcoming dancers, drummers, craftspeople, artists, and spectators! Welcome to all those interested in a weekend-long celebration of Native American culture.
Please visit the website for more information, ticket options, and for a full schedule of events.
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Run For The Trees Happy Little 5K
When: April 17-26
Where: anywhere outdoors, Virtual 5K, in the state of Michigan
Through a partnership with Bob Ross Inc. and funding from the U.S. Forest Service Great Lakes Restoration Initiative, the DNR's Happy Little Trees program helps state park campgrounds recover from invasive forest pests and diseases (like emerald ash borer and oak wilt) that damage or kill trees.
Volunteers collect local native seeds from the areas where trees are most needed. The collection of local native seeds is key to growing trees specifically for replanting at state parks within the same geographical region, because trees with similar genetics – for example, height, leaf shape and size, type of flowers and function – are much more likely to thrive.
The Happy Little Trees program supports the restoration of native Michigan ecosystems and other natural resources by growing native trees, shrubs, grasses and plant products for use in Michigan state parks, recreation areas and public boating access sites.
No matter how you reach the finish line – walk, run or hike – you pick the pace and the place. Just be sure to complete your virtual 5K anywhere outdoors sometime between April 17-26. That’s 10 days including two full weekends and, for good measure, Earth Day (April 22) and Arbor Day (April 24).
Various state parks are participating with on site events. For more information about the race and the program click the link to the DNR's web page here:
Run for the Trees / Happy Little 5K.
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Tishkoff was voted the 2019 #1 LocalBest Law Firm in Ann Arbor, Michigan. We are honored that our friends, neighbors, and local business owners voted Tishkoff #1 in the LocalBest law firm category in 2019, and Top 5 LocalBest Law Firms in Ann Arbor in 2018.
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The Tishkoff team is proud of William G. Tishkoff finishing the 2019 Rock ‘n’ Roll Half Marathon in Las Vegas, Nevada, this past weekend. It takes a lot of dedication, determination, self-discipline, and effort to run a half marathon. And nice medal.
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What a wonderful time we had at the 2019 Tishkoff White Elephant party!
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Tishkoff
407 North Main Street
Ann Arbor, Michigan 48104
734.663.4077
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