Enacted in 2011, the Texas Citizens Participation Act is described in Chapter 27 of the Texas Civil Practice and Remedies Code (H.B. 2973, 82nd R.S.). Designed to protect freedom of speech and other important First Amendment rights, the act has had a substantial impact on legal proceedings in Texas courts. The TCPA was created “to […]
Category: Litigation
Texas Rule 194 Initial Disclosures
Because the parties must know all the facts of the case to properly litigate a matter, standard disclosures require sharing all documents and information. Sharing these documents forces both parties to realistically assess their claims and their potential success in court. To ensure that each side shares necessary information, Texas Rule 194 outlines what exact information must be included in initial disclosures.
TRCP 91a: Motions to Dismiss in Texas
Introduction While many lawsuits play an important role in providing justice, some do not warrant the time and expense required to bring them to court. To address such frivolous cases, the Texas Legislature mandated in H. B. 274 (82nd R.S.) that the Texas Supreme Court create rules to allow for cases to be dismissed if […]
Forming a Partnership in Texas without a Written Agreement
A common misperception is that forming a partnership in Texas requires formal paperwork. However, there actually is no requirement for a written agreement. In fact, parties may even create a partnership when they do not intend to do so. When does Texas law allow a partnership to be formed? Does it need to be in […]
Can Emails Create a Contract in Texas?
Because it specifies the exact terms of agreement for conveying property, a real estate contract is arguably the most important document used in the sale of real property. It identifies in writing the terms and conditions of a real estate transaction and legally binds buyer and seller to fulfill their obligations as outlined in the […]
Calculating Damages in a Texas Trespass Action
If someone trespasses and causes property damage, the owner of the property is entitled to compensation for that damage. However, property owners should be careful to prove damages accurately to maximize recovery. Relying on the wrong damages model could mean losing a case, and retrials are rare and costly. See Tex. R. App. P. 44.1(b); […]
Damages For Slander of Title in Texas
Successfully conveying property requires a clear chain of title that is free of encumbrances. Considerable effort goes into researching, verifying, and communicating who the legal owner of a property is and exactly what debts against that property, if any, may exist. Any uncertainty about the title of a property may lead to the loss of […]
The 120 Hour Rule: Survival Requirements in Texas
Sometimes family members pass at or around the same time. Chapter 121 of the Texas Estates Code establishes protocols for situations where a testator (in the case of a will) or an intestate decedent (in the case where there is no will) and beneficiary or heir die simultaneously or in quick succession. 120 Hour Rule […]
Piercing the Corporate Veil in Texas
One of the primary benefits of creating a corporation or LLC is to shield shareholders or owners from the risk of being sued for a business decision that goes poorly. What happens, though, when the entity is a sham being used to perpetrate fraud? How are officers, directors, members, and managers held accountable for their […]
Trespass to Real Property in Texas
Property ownership gives a person the authority to determine how that property is used and by whom. An unauthorized person entering land belonging to another is trespassing, even if the trespassing seems to cause no direct harm. While trespassing seems straightforward, this cause of action is not that simple. Ownership Before making a claim of […]