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 […]
Category: Litigation
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 […]
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 […]
Stark Law in Texas
Named after Congressman Pete Stark, the Stark Law amended the Social Security Act to limit a referring physician’s ability to refer Medicare and Medicaid patients in ways that benefit the physician. Also known as a self-referral law, it was enacted to fight healthcare fraud and abuse by decreasing the opportunity for a physician to receive […]
Converting Separate Property to Community Property in Texas Must Be Clearly Intended
While most assets earned or acquired during a marriage are community property, other assets that were separate property at the time of marriage remain separate property. It is possible to convert separate property into community property, but anyone intending to do so must sign and execute a conversion agreement exactly as laid out in the […]
Civil Conspiracy in Texas
Texas courts acknowledge that two or more people may conspire against another and, in the process, cause damage to that person. If someone can prove that he or she has suffered damages as a result of others’ collusion, that person may file a lawsuit on the basis of civil conspiracy. Elements of Civil Conspiracy In […]
Holding Texas Bureaucrats Accountable for Rigged Bidding
In addition to their other responsibilities, city and county officials are often responsible for overseeing local projects to meet the needs of constituents, such as building roads and public buildings. Texas has in place specific statutes that local officials must follow to encourage competitive pricing and quality work. This competitive bidding process is governed by […]
Business Disparagement in Texas
Texas law offers recourse if someone knowingly and falsely spreads information which causes harm. The focus of that false information, however, determines whether the false information is classified as defamation or business disparagement. While each can be damaging to a reputation, business disparagement differs from defamation in a critical way. Defamation occurs if an individual’s […]
Negligent Entrustment of a Motor Vehicle in Texas
In most cases, an owner of a vehicle has the right to entrust that vehicle to another person. However, the situation becomes problematic if the owner of the vehicle loans that vehicle to someone who should not be driving. While negligent drivers are usually held accountable for the damage they cause in an accident, when […]