Solar energy is a booming industry, promising homeowners significant savings on electricity bills. However, not all experiences are positive. Many homeowners have found that their investment in solar panels did not yield the expected savings, leading them to question their legal options. Here, we explore the potential legal actions a homeowner in Texas can take […]
Category: Litigation
Waiving Trial by Jury in a Contract: What You Need to Know in Texas
When entering into a contract in Texas, it’s not uncommon to come across a clause that requires the parties to waive their right to a trial by jury. While this provision might seem like a minor detail amidst the sea of legal language, it can have significant implications should a dispute arise. Understanding what it […]
Understanding the Elements of Defamation in Texas
Defamation laws in Texas are designed to protect individuals from false statements that harm their reputation. Understanding these laws is crucial, whether you’re a business owner, a public figure, or an individual navigating the complexities of modern communication platforms such as social media. Key Elements of Defamation in Texas To establish a case for defamation […]
Plea in Abatement: A Defense Tool in Texas Civil Procedure
In the complex world of Texas civil litigation, understanding procedural defenses is crucial for anyone navigating the court system. Among these defenses, the plea in abatement stands out as a powerful, yet often misunderstood dilatory plea. Let’s take a quick look at plea in abatement, outlining its purpose, application, and the legal process involved. What […]
Is Defamation Dead in Texas?
Defamation lawsuits often make headlines in the news, which probably contributes to their place in the popular imagination. But in Texas, defamation lawsuits face significant challenges that make them particularly difficult to pursue successfully. The First Hurdle – The Texas Citizens Participation Act (TCPA) A TPCA motion is the first hurdle that any defamation lawsuit […]
Are Verbal Contracts Binding in Texas?
Verbal contracts are often confusing because of a mixture of myth and misunderstanding. In Texas, the answer to whether these agreements are binding isn’t a simple yes or no answer. It’s a nuanced journey through the state’s laws, particularly the Statute of Frauds. At its core, Texas law does recognize verbal contracts as binding, with […]
The Legality of Recording Conversations in Texas: One-Party Consent Explained
In the heart of Texas, the rules around recording conversations hinge on the principle of one-party consent. This means that as long as one participant in the conversation consents to the recording, it is legally permissible. Embedded within the Texas Penal Code § 16.02, this law offers a clear-cut approach to recording conversations, emphasizing the […]
Signs that Your Attorney May Not Be Providing Quality Representation
In the complex and nuanced world of the law, discerning the quality of service and advocacy provided by your attorney is paramount. Recognizing potential concerns in your legal representation allows for timely interventions that could significantly impact the outcome of your case. In this article, we outline several red flags that might suggest the need […]
Navigating Post-Judgment Receivership in Texas
When a prevailing party, typically a plaintiff or claimant, is awarded a judgment in Texas, the legal journey doesn’t always end there. In certain situations, the enforcement of judgments can be extensive and may involve the appointment of a post-judgment receiver. This legal mechanism, known as post-judgment receivership, plays a crucial role in ensuring the […]
Can HOA Dues and Fees Trigger Causes of Action Under the TDCA or the FDCPA in Texas?
Texas property owners who have been hounded by their Homeowners Association or its lawyers for unpaid dues, assessments, and fines may wonder whether any consumer protection laws exist to give them legal relief against abusive or harassing HOA debt collection practices. The answer is “yes,” but not all such laws are created equal. The Texas […]