Julia Pendery

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 [...]

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 [...]

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