When involved in a boundary dispute, a landowner needs to know their legal rights and remedies, as well as the rights and remedies available to the party with whom the landowner is having a dispute. Adverse possession is a fairly well-known avenue for obtaining legal right to another’s real property, but a lesser-known method of …
Category: Litigation
The Economic Loss Rule
Generally, a breach of contract claim cannot lead to a court awarding any sort of punitive damages (also referred to as exemplary damages). As the name suggests, punitive damages are used by courts to punish offenders beyond what is required to make the injured party whole. As courts are more likely to award punitive damages …
Partition of Mobile Homes and Other Personal Property in Texas
Partition lawsuits, or lawsuits to divide the ownership of a piece of jointly owned property, occur most frequently in Texas in the context of jointly owned real estate. Section 23.001 of the Texas Property Code gives a co-owner of a home, a plot of land, or other real property the right to petition a court …
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Texas Farm Animals Liability Act
The Texas Farm Animal Liability Act (FALA) began in 1995 as the Texas Equine Act, a narrow statute that protected horse owners from liability for participants’ injuries resulting from the inherent risks of interacting with horses. This statute was expanded in 2011 to cover not only horses, but “farm animals” generally. “Farm animals” are defined …
Calculating Damages for Wrongful Death of a Pet in Texas
For many Texans, a treasured pet is loved like a friend, companion, or even a child. The term “fur baby” has become a widely known and used term of endearment for the cats, dogs and other animals we keep and love as our own. The death of a pet can be devastating to any pet …
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Collecting on a Judgment in Texas
So, you’ve successfully obtained an official judgment from a court of law in the State of Texas that entitles you to receive payment from another party to a lawsuit. Well, now what? How do you get the money you’re owed? Why does your debtor refuse to pay you? What is this piece of paper even …
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 …
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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Indemnification in Contracts
Contracts, when well drafted, seek to provide for, and agree to the consequences of, any possibility that might occur during the life of the contract. One important area that is frequently covered under many contracts is that of indemnification – essentially meaning protection against liability. Indemnification Clauses Indemnity is defined as “[a] duty to make …
Intellectual Property License Infringement vs Breach of Contract
An Intellectual Property License allows an innovator, the licensor, to protect and capitalize on that intellectual property. It allows another party, the licensee, to use that IP, which may take such forms as trade secrets, operational knowledge, registered designs, or proprietary information. Ideally, the relationship is complementary; the licensor profits by allowing the licensee to …
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