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LiTiGaTion markeTpLace
from THL_SepOct20
by QuantumSUR
Office Space HOuSTOn/greenway plaza/West university area (Edloe St.) 1715 sq.ft. Garden entry. Quiet, elegant office. Current occupant, attorney, retiring. Current rent: $1.80/sq.ft. + CAM. Available at the end of the year. Contact attorney/landlord at lawtks2727@yahoo.com.
WORkIng FROM HOME nOT CuTTIng IT? Find sanitized law offices with empty LawSpace for lease. LawSpacematch.com is exclusively for lawyers sharing LawSpace. Search for LawSpace by zip code and let us do the work. Sign up and save your search. Receive email notifications when LawSpace becomes available in your desired area.
HOuSTOn HEIgHTS OFFICE SpACE AvAIlABlE Individual, multiple, executive suite, or an entire building with one to six offices plus support staff areas available in historic Houston Heights Buildings! Historic charm with modern amenities. One property on Yale and one on Heights Blvd, both easily accessible and with ample visibility. Available space includes a conference room wired for flat screen and data ports in each office, full kitchen, ample parking. Price flexible on needs. Call: 504-237-6535 for more information.
HEIgHTS AREA I-10 at Shepherd lAW OFFICE SHARIng One office space (9’ x 14’) and two cubicle spaces available to sublet. Month to Month term. Great location. Beautiful first floor space. 5151 Katy Freeway, Houston, TX 77007. Free parking, free valet visitor parking, One large and two small conference rooms, file cabinets, reception area, receptionist, kitchen, phones, internet, Wi-Fi. Space includes two experienced family law attorneys (referrals and contract work possible) and one plaintiff’s personal injury attorney. Contact Frank at 713-443-5752.
HOuSTOn/EnERgY CORRIDOR I-10 & 1155 Dairy Ashford Established law firm with estate/ trust planning, probate/trust administration, elder law and business practice seeks to lease large 12x15 window office in friendly, beautiful office suite, with reception area. Office easily accommodates credenza, full size desk, two client chairs, two 5-drawer lateral files. Telephone, WiFi, high speed Internet, copiers/ scanners, fax. Kitchen with microwave and coffee. Notary available. Access to conference rooms on scheduled basis. Free covered parking for attorney and clients. Possible overflow work subject to attorney availability, skill and experience. $895/month, quarterly term. Steve 713-553-0732 (cell) steve@mendellawfirm.com.
HOuSTOn gAllERIA AREA nEW nORMAl OFFICE SpACE One approx. 14’ x 15’ office and one cubicle with high partitions. 5,000 sq ft suite for easy social distancing. File space; 2 conference rooms; kitchen; telephone system; fiber internet; copier; ground floor (no elevator rides). Not an executive suite. Contact kurt@kurtarbuckle.com.
FAnTASTIC lARgE OFFICE SpACE in Renovated mansion near Montrose. Exceptional charm on 3rd floor with sloped ceiling and lots of windows. $950/month includes all utilities, janitorial, internet, reception area, shared kitchen. Contact: judy.borrell@gmail.com or 713-459-3900
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ver dealt with arbitration and forum-selection rights, which only affect the arena of dispute and rules of engagement. The right at issue in LaLonde, on the other hand, would eliminate the litigation entirely. In such a case, a trial court must consider different factors to determine whether the defendant has thrown itself into the vortex of the merits.
One factor recognized in LaLonde is the extent of the defendant’s participation in pretrial discovery. Fending off a plaintiff’s attacks or attempting to determine the case’s eligibility for dismissal is not enough. But intent to waive the statute’s threshold requirements is strongly indicated where a party actively pursues discovery oriented towards a resolution on the merits.
Another factor noted by the Court is the point in the litigation process where the defendant first attempts to seek dismissal. As a case develops and moves closer to trial, each passing day is a small but cumulative indication that the defendant intended to waive its dismissal rights.
Under Section 150.002, dismissal for noncompliance with the certificate-of-merit requirement may be with or without prejudice (this is a matter within the trial court’s discretion). Thus, a trial court should also consider whether the defendant has sought affirmative relief, especially summary judgment. Such action is inconsistent with a defendant’s right to dismiss the case on terms within the trial court’s discretion and without regard for the merits. Similarly, a defendant who waits until after limitations has expired—causing a de facto dismissal with prejudice—has effectively repudiated its statutory remedy of immediate dismissal.
What’s the bottom line? The Texas standard for implied waiver by litigation conduct is high but not impossible. Let LaLonde be a lesson: if you can get a case immediately dismissed, don’t wait over three years to do so.
Luke Ott is an associate at AZA Law where he practices commercial litigation.
