July, 2022 | Silberman Law Firm, PLLC

LLC Citizenship and Diversity Jurisdiction

Establishing Citizenship for Purposes of Diversity Jurisdiction Diversity jurisdiction is one of two methods for a federal court to have subject-matter jurisdiction over a case. If a defendant wants to remove its state case to federal court, unless federal question jurisdiction is established, the defendant will be required to show diversity jurisdiction. Diversity jurisdiction has …

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Post-Judgment Attorneys Fees Clauses Are Likely Enforceable in Texas

People seeking to enforce their rights against another party frequently wonder whether they may be entitled to receive the fees they paid their attorneys as damages. Many contracts provide for reasonable attorneys fees to be refunded to the side that prevails in a lawsuit to enforce the contract’s terms. However, when the winning party seeks …

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Written Notice Requirements for Termination Under a Texas Contract

A well-drafted contract includes language to provide for the consequences of almost any possibility. One of the many things such a contract provides for is the possibility of termination before all the obligations under the contract are met. Should one of the parties wish to terminate a contract early or officially notify another party of …

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The Impact of a Will on JTWROS and POD Bank Accounts in Texas

Estate planning is a gift to families and provides relief to the planner as well, who assumes that the estate’s assets will be distributed how and when the planner asks. Probate law is complex, however, and beneficiaries may be surprised when the distribution of assets does not go as expected. A common belief about bank …

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