22 Cited authorities

Wallace v. Methodist Hosp. Sys.
271 F.3d 212 (5th Cir. 2001) Cited 827 times
Holding that in order to show disparate treatment, a plaintiff must provide sufficient evidence to establish "that the misconduct for which she was discharged was nearly identical to that engaged in by an employee not within her protected class whom the company retained." (quoting Smith v. Wal-Mart Stores (No. 471), 891 F.2d 1177, 1180 (5th Cir. 1990)) (alterations omitted)
Hahn v. Love
321 S.W.3d 517 (Tex. App. 2009) Cited 344 times
Holding that “a purchaser is bound by every recital, reference and reservation contained in or fairly disclosed by any instrument which forms an essential link in the chain of title under which he claims,” regardless of his actual notice of such recitals
In re Agricultural Research Technology Group
916 F.2d 528 (9th Cir. 1990) Cited 418 times
Holding that transferee had burden of showing its good faith under § 547
In re Sherman
67 F.3d 1348 (8th Cir. 1995) Cited 255 times
Holding "Bank is not entitled to a lien in the amount of its pre-transfer liens under § 550 because the release of these liens occurred before, not after, the transfer"
In re M L Business Machine Company, Inc.
84 F.3d 1330 (10th Cir. 1996) Cited 220 times 1 Legal Analyses
Holding that a transfer is not taken in good faith "if the circumstances would place a reasonable person on inquiry of the debtor's fraudulent purpose"
In re Independent Clearing House Co.
77 B.R. 843 (D. Utah 1987) Cited 269 times
Holding that misappropriated money becomes "property of the debtor" when the defrauded party fails to timely avoid the transaction and accepts benefits under the contract
Brennan's Inc. v. Dickie Brennan Co.
376 F.3d 356 (5th Cir. 2004) Cited 94 times
Holding expert testimony of hypothetical damages for breach of contract, based on putting plaintiff in position it would have occupied but for breach, is one proper measure of damages
Janvey v. Alguire
846 F. Supp. 2d 662 (N.D. Tex. 2011) Cited 39 times
Holding that there is "no principled reason" to apply Rule 9 to TUFTA actual fraudulent transfer claims because "[t]here is no allegation that the [d]efendant committed any act of fraud" (alterations in original)
Citizens Nat'l Bank of Tex. v. NXS Constr., Inc.
387 S.W.3d 74 (Tex. App. 2012) Cited 36 times
Finding counsel's percentage estimate sufficient under "relaxed standard" in Chapa even though counsel lacked monthly percentages and admitted it was not possible to review invoices to determine how fees were segregated
GE Capital Commercial, Inc. v. Worthington National Bank
754 F.3d 297 (5th Cir. 2014) Cited 26 times 1 Legal Analyses
Describing Hahn as "the most thorough and well-reasoned Texas case applying TUFTA's ‘good faith’ defense"
Rule 50 - Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
Fed. R. Civ. P. 50 Cited 13,603 times 62 Legal Analyses
Allowing "renewed motion"
Section 24.005 - Transfers Fraudulent As to Present and Future Creditors
Tex. Bus. & Com. Code § 24.005 Cited 452 times 8 Legal Analyses
Requiring a transferor to act with “actual intent to . . . defraud,” but saying nothing about the transferee's state of mind
Section 24.001 - Short Title
Tex. Bus. & Com. Code § 24.001 Cited 159 times 2 Legal Analyses
Noting that Chapter 24 of the Business and Commerce Code may be cited as the Uniform Fraudulent Transfer Act
Section 24.009 - Defenses, Liability, and Protection of Transferee
Tex. Bus. & Com. Code § 24.009 Cited 130 times 2 Legal Analyses
Providing that creditors may recover "the value of the asset transferred," which "must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require"
Section 24.003 - Insolvency
Tex. Bus. & Com. Code § 24.003 Cited 52 times 1 Legal Analyses
Containing similar exclusions

Janvey v. Dillon Gage Inc. of Dallas et al

22 Cited authorities

Holding that “a purchaser is bound by every recital, reference and reservation contained in or fairly disclosed by any instrument which forms an essential link in the chain of title under which he claims,” regardless of his actual notice of such recitals

Holding that transferee had burden of showing its good faith under § 547

Holding "Bank is not entitled to a lien in the amount of its pre-transfer liens under § 550 because the release of these liens occurred before, not after, the transfer"

Holding that a transfer is not taken in good faith "if the circumstances would place a reasonable person on inquiry of the debtor's fraudulent purpose"

Holding that misappropriated money becomes "property of the debtor" when the defrauded party fails to timely avoid the transaction and accepts benefits under the contract

Holding expert testimony of hypothetical damages for breach of contract, based on putting plaintiff in position it would have occupied but for breach, is one proper measure of damages

Holding that there is "no principled reason" to apply Rule 9 to TUFTA actual fraudulent transfer claims because "[t]here is no allegation that the [d]efendant committed any act of fraud" (alterations in original)

Finding counsel's percentage estimate sufficient under "relaxed standard" in Chapa even though counsel lacked monthly percentages and admitted it was not possible to review invoices to determine how fees were segregated

Describing Hahn as "the most thorough and well-reasoned Texas case applying TUFTA's ‘good faith’ defense"

Allowing "renewed motion"

Requiring a transferor to act with “actual intent to . . . defraud,” but saying nothing about the transferee's state of mind

Noting that Chapter 24 of the Business and Commerce Code may be cited as the Uniform Fraudulent Transfer Act

Providing that creditors may recover "the value of the asset transferred," which "must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require"

Containing similar exclusions