To benefit from the innocent purchaser defense in Texas, a party must not have actual or constructive notice that another person may have an ownership claim to the property. Knowledge of the claim may result in divestment of the purchaser’s ownership interest. According to Texas Property Code § 13.001, actual notice means that the purchasers […]
Category: Litigation
Innocent or Bona Fide Purchaser Defense in Texas
The Latin phrase bona fide translates to “something of good faith, authentic, and genuine.” A Bona Fide purchaser, then, is someone who purchases property in good faith, assuming that things are as they seem, that the purchase is legitimate, and the title is unencumbered. If a third party presents a claim against the property, a […]
Topics to Avoid During a Closing Argument in Texas
Closing arguments usually occur after reading the court’s charge to the jury and are often an attorney’s favorite part of the trial. Frequently critical to the trial’s verdict, there are two main purposes of a closing. The first is to remind the jurors of the relevant evidence and facts of the case, thereby providing proof […]
The Spearin Doctrine in Texas
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 […]
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 […]