Wednesday, November 18, 2020

How not to sever

Originally published by David Coale.

“GPM asserted fraudulent transfer claims against all defendants. Given that GPM’s fraudulent transfer claim against Hossein involves the same facts and issues as the fraudulent transfer claims against Marjaneh and the two entities owned by them, the claim against Hossein was not properly severable. The trial court effectively severed a party, instead of a cause of action, and abused its discretion by doing so.In re Glast Phillips & Murray, No. 05-20-00557-CV (Nov. 12, 2020) (mem. op.).

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