A Five-Minute Task to Avoid Judgments Against You
When your business gets sued, if you do not file a timely answer, the plaintiff can take a default judgment against you. Notice of a final judgment is mailed to the address that the plaintiff submitted as your last known address. That is where a problem can arise.
Eminent Domain is on the Rise – 3 Things to Know
With the current flow into states and cities of federal infrastructure and economic recovery funds, an increase in the use of eminent domain to secure land for public improvement projects is to be expected. If you are contacted by a public entity that wants to acquire some or all [...]
Pursuing a Government Contract? Know Before You Go
Businesses contracting with a governmental entity such as a city, a school district, or a public transit service, need to understand what kind of relief they may get if that entity breaches the contract. Governmental entities are immune from suit unless they have expressly waived that immunity by statute. Section [...]
Did My Email Saying “We Have a Deal” Form a Binding Contract?
Parties to a variety of contractual obligations are conducting a great deal of business these days through long trails of email exchanges that discuss numerous aspects of a potential agreement. As a result, clients increasingly ask if they may be vulnerable to a breach of contract claim if they decide [...]
Analysis of the Recent Legislative Changes to Section 18.001 of the Texas Civil Practice and Remedies Code
The 2019 Texas legislative session made significant changes to an important provision of the Texas Civil Practice & Remedies Code that aids parties in proving up charges for services without having to bring a live witness to trial. Section 18.001 was essentially rewritten a) to clarify that proving up charges [...]
Taking Depositions Before Filing Suit
Texas law allows a party to take a deposition without filing suit, under limited conditions and with a judge’s permission. In recent years, this procedure has become widely used to let a party obtain specific information before filing suit. With the increasing number of laws that allow a defendant to [...]
Spoliation of Evidence in Texas — 2019 Update
One of the most active areas of litigation in recent years is the spoliation of evidence. Although the Supreme Court of Texas’ opinion in Brookshire Bros., Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014) defined both the type of spoliation that may be sanctioned and the type of sanctions available, [...]
Waiver of Arbitration by Litigation Conduct
Never mind that lawsuit I filed. We have to arbitrate this case. Does a party waive the right to enforce an arbitration clause by participating in litigation? The Supreme Court of Texas addressed this issue and set out some very specific factors to consider in Perry Homes v. Cull, 258 [...]