Future TIDA member?

Recently, one of my staff members moved back to Houston to be closer to family and go back to school. On her last day, she brought her son, Kayden, by the office to say goodbye. I gave him toy from one of the TIDA* conferences. It looks like it may be one of his favorite toys!



We miss you Amanda, but we wish and pray the best for you and Kayden!

*For those who don't know, TIDA is the acronym for Trucking Industry Defense Association. TIDA is a non profit association with members devoted to sharing knowledge and resources for defense of the trucking industry. TIDA was founded in 1993 and has become the organization of choice for over 1,600 motor carriers, trucking insurers, defense attorneys and claims servicing companies. The organization is committed to reducing the cost of claims and lawsuits against the trucking industry. Members work to develop strategies and share knowledge to defend the trucking industry in personal injury, property damage, worker’s compensation and cargo claims. TIDA members advocate on behalf of the industry’s interests.

HUB Urban Ministry to the Homeless of Shreveport

I am not as involved as I have been or would like to be, but kudos to Cassie Hammet and her husband, Brent, and all the staff and volunteers who go TO the homeless of Shreveport and love them where they are!

This past Christmas, our firm had the opportunity to distribute hundreds of loaves of bread to Christmas banquet for some of the homeless folks in Shreveport. The banquet was hosted by the HUB, with help from many, many volunteers from around town.

Great job, Cassie!

 

 

Deadline for Removal to Federal Court Changed!

New legislation signed on December 7, 2011 changing the law regarding the removal of cases to federal court.  The newly enacted legislation took effect on January 6, 2012 and alters the existing removal statute surrounding (1) the timing of removal, (2) the amount in controversy, and (3) severing unrelated state claims.  Each of these areas is addressed below.

1. The Timing of Removal to Federal Court.

The most significant change involves the timing of removal by a single defendant in a multiple defendant lawsuit.  Under the old law, a defendant must file his removal within thirty (30) days of being served.  This requirement stood regardless of whether there are multiple named defendants who were served earlier or later than the removing defendant—this rule is known as the “First-Served” rule.  The revised statute now invokes the “Later-Served” rule which retains the requirement that a single defendant remove a case within 30 days of being served. However, under the new “Later-Served” rule, a defendant outside the 30 day removal deadline may join in the removal with another later-served defendant who is still within its own 30 day deadline to remove the case to federal court.

The revised statute also adds a “Bad Faith” exception to the general rule that a case cannot be removed to federal court more than 1-year after the plaintiff filed the complaint in state court. Under the new law, if a court finds that a plaintiff added a non-diverse defendant in bad faith solely in order to defeat diversity and avoid having the case removed to federal court, the federal court may disregard the 1 year limitation and allow the remaining diverse defendant to remove the case more than 1 year after the complaint was filed in state court. 

2. The Amount in Controversy

 The current removal statute requires that the plaintiff’s claim be worth at least $75,000.00 for it to be removed on the basis of diversity of citizenship.   While the $75,000.00 jurisdictional minimum has not changed, the new legislation addresses the situation where a plaintiff does not state in the petition the amount being claimed.  If a plaintiff does not disclose the amount of the claim in the petition but during the course of discovery is it learned that the plaintiff is actually claiming more than $75,000.00, the defendant will then have thirty (30) days from this time to remove the case to federal court.  However, absent a finding of bad faith, if this is discovered more than one year after the plaintiff’s petition is filed, the defendant will not be able to remove the case to federal court.

Please note that in LOUISIANA (and more broadly the 5^thCircuit Court of Appeal), we have been allowed to Petition Removal to federal court within 30 days of DISCOVERING that amount in controversy exceeds $75,000. Typically, our firm has used the procedure of submitting Requests for Admissions to force the plaintiff’s attorney to disclose that the amount in controversy exceeds $75,000; however, with these new changes, we probably will not have to do that. We may continue the procedure to because it hastens the removal to federal court.

 3. Severing Unrelated State Claims

When a defendant removes a case based on federal question jurisdiction, rather than diversity, the new legislation changes how the federal court addresses unrelated claims based on state law mixed with claims based on federal law.  Under the old rule, the federal judge had discretion as to whether the unrelated state claims should be severed from the federal claims and remanded back to state court.  Under the new rule, the federal judges do not have discretion but are required to sever and remand all unrelated state claims that fall outside the federal court’s supplemental jurisdiction.

Lastly, prior to the new legislation, there was a long-standing judicial rule that required all defendants to consent to removal.  The revised statute codifies this judicial rule and requires all defendants in a multiple-defendant suit to consent to removal.

What is a life be worthy of the gospel of Christ

In Philippians 1:27-30, the Apostle Paul wrote:

"Only let your manner of life be worthy of the gospel of Christ, so that whether I come and see you or am absent, I may hear of you that you are standing firm in one spirit, with one mind striving side by side for the faith of the gospel, ²⁸ and not frightened in anything by your opponents. This is a clear sign to them of their destruction, but of your salvation, and that from God. ²⁹ For it has been granted to you that for the sake of Christ you should not only believe in him but also suffer for his sake, ³⁰ engaged in the same conflict that you saw I had and now hear that I still have."

Recently, I read the following from Brady Tarr, Who is employed by the Christian Legal Society and I like what he says:

"When I reflected on this passage, the story of Adoniram Judson came to mind as person who let his manner of life be worthy of the gospel of Christ.  He was a missionary to Burma for about 38 years.  During those years, he lived a life of sacrificial devotion to God who ordained that his life be filled with suffering.  The following is a brief summary of some things he and his family experienced during his ministry there:

1. In 1812, Adoniram Judson and Ann Hasseltine got married and 12 days later moved to Burma as Missionaries.
2. They didn’t see any conversions among the people of Burma until they had been there for 7 years.
3. In the 8^th year of their mission, Ann got desperately ill and sailed home by herself to try to get better…Adoniram and Ann were separated due to her sickness for 2 years and 4 months
4. Shortly after she returned to be with Adoniram, he was accused by the government as being a spy and was arrested.  He spent 17 months in jail and was tortured regularly. During this time, his wife got deathly ill and died 11 months after he was released. 
5. His daughter got sick and died 6 months later.
6. 8 years after Ann died he married Sarah Boardman.
7. They had 8 children four of which died.
8. Sarah died after 11 years of marriage.
9. He spent a total of 38 years in Burma.

We can praise God that his faithful ministry resulted in a Bible being translated into Burmese, a Burmese dictionary was completed, and hundreds of converts were leading the church in Burma.  Today there are close to 3,700 congregations of Baptists in Burma because of his sacrificial devotion to God and the Burmese people.

When I finished reading about the life of Judson, his suffering was not the only thing that stood out to me.  It was also a great encouragement to hear of his faithful devotion to Christ.  He lived a manner of life that was worthy of the gospel.  It is my prayer that the Lord would help us to the same when we face trials and suffering.

In Philippians 1:27-30, Paul continues exhorting the Christians in Philippi by encouraging them to walk worthy of the gospel of Jesus Christ.  He then describes some practical things that the Christians should do in order to live in such a way.  First, Christians are to strive together for the faith of the gospel.  Second, Christians suffer for the sake of Christ."

So what do you think about what it means to live such a life worthy of the gospel of Jesus?

NOT LIKE THE OTHER BOYS | People of the Second Chance

The following is not my story. I did wrestle, swim and play with GI Joes, but I still was not like other boys. Our culture has really screwed up what real manhood is. When I was in Rwanda, men would walk down the street hand in hand, but it's not like you think. They were just friends. That is not likely to happen in our culture, but we still need to reevaluate masculinity.

If you are a man, consider this story and consider how YOU can show genuine Godly masculine affection to another man without it being weird.

The following is by Dan Scott posted on "People of the Second Chance":

Even as a boy I knew I was different.

I choreographed Amy Grant songs, played dress up, and loved my Cabbage Patch Kid. Boys were supposed to wrestle, play with GI JOES, and throw the ball around with dad, but I just didn’t want to do any of those things.

It was no big deal at first. None of my guy friends noticed that I was any different from them … until junior high.  I cared how my hair looked, how I dressed, and who was topping the charts on Casey Kasem. Very few junior high boys cared about any of those things.

And that’s when it started.

“What are you, a homo?”
“Don’t ask the Mama’s Boy; he won’t want to play.”
“Fag!”

At first, I didn’t even know what they were calling me, but I knew it couldn’t be good. When I did discover, I did everything I could to change that perception.

I played soccer and basketball. I became fast. I got myself a girlfriend and made sure that I kissed her.

But whatever I did to compensate for that perception, it didn’t change who I was or what I cared about. I didn’t want to focus on my soccer skills or becoming a better basketball player. Even I knew that I was too young to have a serious relationship. I just wanted to be myself, but I didn’t have a choice.

I needed to “act like a guy.”

High school was worse. I was a drama and music nerd. I balanced theater with soccer, and always had a girl by my side. Still, no matter how hard I worked to change the perception, I was still labeled and was never “one of the guys.” It hurt.

I was confused and unsure what to do, so I did nothing and kept everything to myself. Inside, I wondered if I had any real friends. I questioned everything about who I was and wondered if what they were saying about me was true. I questioned what God was thinking when he made me an artist. Didn’t he know what would happen?

But I found hope.

My parents always encouraged me to be myself; even my father, who LOVED sports, never gave me grief for not following in his footsteps. They encouraged my hobbies and supported my decision to study theater in college.

Thankfully I encountered college professors who were just like me. In them, I found mentors who loved Jesus, were true artists, and were real men.

God also gave me a wonderful wife. She loves what I create and champions everything I do. We have four kids. And funny enough, my sons love playing sports, so now I do too. I have a blast watching their games and playing anything with them. (Just please don’t ask me to watch televised sports any time soon!)

I wish I could go back to the 15 year old me and tell him that everything will be all right. That all my questions would be answered. And that regardless of any perception, being a creative is one of the greatest professions in the world.

One thing I can do is go back and thank the amazing people who taught me that manhood isn’t defined by how many deer you kill or points you score in a game. Manhood is a state of mind that takes responsibility for his life and the lives of those under his care.

My name is Dan. I’m an artist. I’m a real man.