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 […]
Category: Litigation
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 […]
Judgement Enforcement: The Role of Venditioni Exponas in Texas
While we have previously provided an overview of the judgment collection process in Texas, there exist many procedural technicalities that can trip up even experienced lawyers. One such technicality is the requirement for a “venditioni exponas.” This Latin term is referenced in Rule 647 of the Texas Rules of Civil Procedure, but it is not […]
Eviction Appeals and Counterclaims in Texas
According to Texas Property Code Sec. 24.004, the Justice of the Peace courts (commonly referred to as “JP courts” or “Justice Courts) have original jurisdiction to hear cases regarding forcible detainer and forcible entry and detainer suits, more commonly referred to as eviction suits. In the past, we have discussed how jurisdictional issues can appear […]
Texas Creates New Specialized Business Courts
The State of Texas is soon to join more than half of the other American states in establishing a set of civil courts dedicated solely to business litigation. Although Texas is a business-friendly state with low taxation and minimal business entity regulations, it has not historically had a court dedicated exclusively to resolving business disputes. […]
The Statute of Repose and Construction Defects
What is the Statute of Repose? The term may lead one to think of the statute of limitations to bring certain actions under Texas law, and while it may operate in a similar fashion, there is one important caveat. A statute of limitation bars a cause of action following an injury or damages, or the […]