Consolidation of Cases
Suppose, for example, that you have decided to bring a suit against your employer for workplace harassment that occurred in the Fall of 2022. Suppose also that one of your co-employees also brings a suit against that employer for workplace harassment due to the same or similar actions on the part of the employer that also occurred in the Fall of 2022. Pursuant to Tex. R. Civ. P. 174(a):
When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.
Consolidation is appropriate if one trial or hearing would serve the same purpose as two, provided no party is prejudiced. A court will consolidate two cases if the result is fewer trials, reduction of time consuming examination of evidence, and reduction of costs. Essentially, a court will consolidate to promote judicial efficiency. [H. Rouw Co. v. Tex. & N.O.R. Co., 260 S.W.2d 69, 69–70 (Tex. Civ. App.—San Antonio 1953, no writ); see Frumer, Multiple Parties and Claims in Texas, 6 Sw. L.J. 135, 138 (1952)].
If several independent actions that could have been joined as one action originally (see Tex. R. Civ. P. 40(a), 51) are pending in the same court, a court may order the actions consolidated into one action. Tex. R. Civ. P. 174(a). A court also has the discretion to transfer a case to another court in order for those cases to be consolidated.
Considering the above scenario where you and one of your co-workers brought nearly identical separate actions against your employer, the chief consideration of a court in deciding whether the two cases should be consolidated is whether the two cases derive from a “common question of law or fact.” In this simplified scenario, it is highly likely that a court would consolidate the two cases because they have same questions of law (i.e., the same causes of action and legal theories) and of fact (i.e., the same factual scenario of being discriminated against within the same time period). While there could be an argument made that your suit contains different facts and scenarios because you are a completely different party from that of your co-worker, such an argument may be futile because courts have an abundance of discretion on this issue and are chiefly concerned with judicial economy. A court would likely see two harassment cases arising out of similar actions of the employer that occurred around the same time period and conclude that the cases likely have a common question of law or fact, almost certainly could have been joined as one action originally, and would be more efficiently tried as one case.
As you can imagine, more complex, nuanced questions of consolidation can arise. Say, for example, you are sued for breach of contract by an individual and separately for fraud by an LLC owned by that same individual. Suppose, while those claims are different, they are still related to the same set of factual circumstances. May a court still consolidate these cases together? Perhaps. The court has broad discretion when determining whether to consolidate. At the end of the day, “the underlying test remains whether the two actions have a logical connection in the sense that it would be more convenient and efficient for the two actions to be tried together.” 7 Dorsaneo, Texas Litigation Guide § 112.02 (2024).
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Disclaimer: The information provided in this article is in no way intended to constitute legal advice. The information provided is merely an overview of the relevant law. Do not act on this information. Always consult an attorney for legal advice.
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Breaking Up a For Profit Corporation
A For Profit Corporation can be a useful tool if utilized appropriately. One major problem with a For Profit Corporation is the lack of flexibility to dissolve the Corporation when a disagreement arises between the equity shareholders. If ownership in a For Profit Corporation consists of 50% – 50% split in equity then there may be issues down the road.
Many future circumstances may warrant a dissolution of the For Profit Corporation, such as a dispute on the direction of the business, the profitability of the business, or simply a disagreement regarding employment and management duties. When these disputes arise, it may make the For Profit Corporation untenable and impractical. This can be a problem if one owner of the company wishes to continue business as usual and the other owner wishes to dissolve the corporation.
When making the decision to enter into a For Profit Corporation and splitting equity within the Corporation at a 50/50 ratio please keep in mind a couple of things:
- It will be hard to dissolve the Corporation with a 50/50 split in equity;
- It will cost additional expenses to appoint a receiver to manage the company;
- It will cost additional expenses to retain a lawyer for the purpose of forcibly winding down a For Profit Corporation;
- It will be an uphill battle to dissolve a For Profit Corporation that creates jobs in the community because the policy of Texas Courts’ is to find any alternatives to a dissolution that may bring termination to many employees.
- It will be a complex and time consuming undertaking to dissolve a For Profit Corporation if both equity shareholders do not agree.
Prior to forming a For Profit Corporation, you should research all of your options. Many business organization can provide tax relief and flexibility without the rigidity of a For Profit Corporation. Please seek an experienced attorney when creating or amending any business organization and ask the pros and cons of all business entities.
A Domestic Violence Abuser – Look for these serious warning signs
If you are a Victim of Domestic Abuse, you must fight back! No one has the legal right to physically, mentally, or verbally abuse another individual! If you are a relative, friend or acquaintance of a potential victim or victims, please look for warning signs of abuse being committed on these people, asset legal defense on this conduct, and report your findings to the police.
Often victims are so mentally and verbally abused, they do not have the strength to defend themselves or their family. Truly be a friend and help to protect their lives by reporting any fact based suspicion of abuse to the proper authorities.
Some warning signs to look for in an abuser or a potential abuser’s conduct in a relationship:
Push for Quick involvement
A victim often has known or dated the abuser for a brief period of time before getting engaged or living together. The abuser pressures the victim for an exclusive commitment immediately.
Jealousy & Controlling Behavior
An abuser will equate jealously with love and controlling behavior to concern for the victim. The abuser becomes jealous of time spent with others. The abuser may call the victim frequently during the day, drop by unexpectedly, refuse to let the victim work, check the car mileage, or ask friends to watch the victim. As the behavior progresses and the situation worsen, the abuser may assume all control of finances or prevent the victim from coming or going freely.
Unrealistic expectations
An abuser expects the victim to be the perfect partner, and to frankly, without error, meet his or her every need.
Isolation
An abuser will attempt to isolate the victim by severing the victim’s ties to outside support, relationships, and resources. The batterer will accuse the victim’s friends and family of being “trouble makers.” The abuser may block the victim’s access to use of a phone, car, and also discourage the victim from working. No outside contact with the rest of the world.
Playing the Victim
An abuser will blame and project upon others for all problems shortcomings. Someone is always out to get the abuser or is an obstacle to the abuser’s achievements.
Blames others for feelings
An abuser will use feelings to manipulate the victim. Common phrases to look for: “You’re hurting me by not doing what I want.” “You control how I feel.”
Hypersensitivity
An abusive person is easily insulted, claiming hurt felling when he or she is really mad.
Cruelty to animals or children
This is a person who punishes animals brutally or is insensitive to their pain. The abuser may also expect children to perform beyond their capability and use physical force if a child cannot comply. 65% of abusers who beat their victims will also abuse children.
“Playful” use of force in sex
This behavior includes restraining partners against their will during sex, acting out fantasies in which the partner is helpless, initiating sex when the partner is asleep, or demanding sex when the partner is ill or tired. The abuser may also find the idea of rape exciting.
Verbal abuse
Constantly criticizes or says cruel things, degrades, curses, or calls the victim bad names. Sleep deprivation could be involved with relentless verbal abuse.
Rigid sex roles
The abuser will expect the victim to serve, obey and remain home to serve on the abuser
Sudden Mood Swings
Explosive behavior and moodiness, which can shift quickly from sweet to violent in minutes.
Past battering
An abuser will beat any partner if the individual is involved with the abuser long enough for the cycle of abuse to begin.
Threats of violence
This consists of any threat of physical force meant to control the partner. Most people do not threaten their mates but an abuser will excuse this behavior by claiming “everyone talks like that.”
Physical force during an argument
This may involve an abuser holding down the victim, blocking escape routes and physically restraining the victim from leaving, pushing or shoving. Holding someone back in order to make demands, such as “You will listen to me!” is also a show of force.
Family Conflicts and the High Conflict Spouse
A divorce involving a high conflict personality can be more challenging than other divorces, because of the person’s inability to compromise or ever see the middle ground. People like this are called “High Conflict People” (HCP’s), and the divorce courts are full of them.
Are you glad you are not married to one of these people or are you? HCP’s seem very caring and sincere and it may take months or years before a legal professional can identify this personality disorder. HCPs may cause enormous emotional pain and excessive financial costs to their spouse and children before this disorder is brought to light.
Bill Eddy, legal specialist of the High Conflict Institute, has given a list of
The High Conflict Personality Pattern of HCP Personalities
- Rigid and uncompromising, repeating failed strategies
- Unable to heal or accept a loss
- Negative emotions dominate their thinking
- Won’t reflect on their own behavior
- Can’t empathize with others
- Preoccupied with blaming others
- Won’t accept any responsibility for problems or solutions
HCP’s stay unproductively connected to people through conflict and will continue to create conflict to maintain any sort of relationship, good or bad. Since HCP’s undermine all relationships, they constantly repeat their same patterns and usually end up divorcing repeated times. 20-30% of all couples getting divorces have at least one HCP spouse.
According to the High Conflict Institute, HCPS are driven by four primary fees:
- Fear of being ignored
- Fear of being belittled or publicity exposure
- Fear of being abandoned
- Fear of being dominated, includes fear of losing control over you, the other spouse, their money/assets, or themselves
What can the spouse of an HCP do to help bring the family conflict or divorce to completion?
- Tell your attorney what your bottom line is and stay with your decision.
- Maximize any leverage you have and stay on the course.
- Choose your battles carefully.
- Everything must be in writing.
- Work on keeping total & consistent emotional detachment from the HCP.
Just remember the HCP feels that since you are no longer together, and since you know too much about him/her, you must be discredited so that no one will think that they are the problem!
You will need to learn some practical skills on communication and response to your HCP and also when & how to let your attorney deal with this situation, how to enforce your guidelines, and hopefully, your thoughtful and reserved conduct will result in the best possible outcome.
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization