Construction projects do not always go smoothly, to the consternation of property owners and construction companies. Sometimes the surprises are unforeseeable and unavoidable, but sometimes they are the result of carelessness, miscommunication, or poor planning. Given the time and expense of these projects, the courts have often been involved in determining liability when construction projects […]
Category: Litigation
Special Appearances in Texas
If a person or entity is sued in Texas, that person or organization has a right to challenge the state court’s jurisdiction, particularly if that person is a non-resident, the person or entity has no connection to Texas, and/or any property involved is not located in Texas. This type of challenge is called a “special […]
Venue in Texas
Because the venue of a lawsuit may have a significant impact on the outcome of a court case, it is an important consideration for both plaintiff and defendant. A convenient venue makes the already difficult legal process less challenging. Judge and jury predisposition may also vary depending on venue. The effects of the venue are […]
Time to Answer a Lawsuit in Texas
Being served with a lawsuit may be a seemingly unwarranted shock, but the cost of simply ignoring the lawsuit can be quite high. Drafting a timely answer lays important groundwork for a lawsuit and prevents a default judgment against the defendant. Timeframe to Answer The deadline to file an answer to a lawsuit depends on […]
The Arbitration Process in Texas
Arbitration has been a part of conflict resolution since King Solomon settled the dispute between two women both claiming to be the mother of the same child. George Washington refers to arbitration in his will. In Texas, the first formal reference to Arbitrated Dispute Resolution, ADR, was in 1845, Article 7, Section 15 of the […]
Texas Theft of Trade Secrets
In order for a business to be successful, it often uses information or practices that give it a competitive edge. Protecting that edge means protecting trade secrets. Often tied to production, such as a machine or a process, protecting this proprietary information is essential to the operation of the business. Hyde Corp v. Huffines, 158 […]
The Mediation Process in Texas
Even when our legal system works as it should, litigation drains money, time, and energy of the parties involved. When parties are unable to settle a dispute, an objective third party may be able to facilitate a resolution, a process known as mediation. Increasingly, courts are suggesting and even requiring mediation to help parties resolve […]
Trespass to Try Title in Texas
When a dispute over rightful ownership in Texas occurs over land, tenements, or other real property, a “trespass to try title action” is the method for resolving those disputes. Tex. Prop. Code Ann. § 22.001. Once resolved, a trespass to try title action determines ownership of the property and allows the rightful owner immediate possession […]
Quiet Title Actions in Texas
An important part of a real estate transaction is making sure that the title to the property is free and clear, meaning that no questions exist about ownership or liens against the property. Ideally, a title company or real estate lawyer ensures that such questions are identified and resolved before closing, confirming a “clear title” […]
Partition Lawsuits in Texas
Co-ownership of a property is possible and often benefits those owners, particularly when they share the property without complaint or dispute. Not all co-ownership goes smoothly, however. If the relationship among co-owners changes, and one or more of the owners is no longer interested in co-ownership, Texas law provides an option for dividing up, or […]