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 […]
Category: Litigation
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 […]
Incorrect Property Descriptions in Texas Deeds
Transferring property from seller to buyer is often a complicated transaction. Although many people carefully review and revise the necessary closing documents, errors still occur. The incorrect legal description of the property has caused some long-term litigation for buyers and sellers. While Texas Property Code Sections 5.027-031 allows for the correction of errors, all parties […]
The Cost of Missing or Ambiguous Language in Texas Deeds
Conveying real property relies heavily on the exchange of accurate information and mutual agreements based on that information. Formal contracts are in place to verify the agreements and obligate both parties in those agreements. Sometimes, however, drafting errors within the contract itself undo that hard work. Fortunately, the Texas Property Code (§§5.027-03) is in place […]
The Texas Deceptive Trade Practices Consumer Protection Act
First enacted in 1973 and last amended in 1995, the Texas Deceptive Trade Practices – Consumer Protection Act (DTPA) was created to “protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and economical procedures to secure such protection.” Tex. Bus. & Com. Code Ann. §§ […]
Promissory Estoppel in Texas
Part of contract law, the doctrine of promissory estoppel enables a person or an entity to recover damages which result from relying on a promise that was made and later broken. Promissory estoppel is normally a defensive theory, but its use became a central focus in the case of Frost Crushed Stone Company, Inc., v. […]
Breach of Promissory Notes in Texas
A Promissory Note is a contract between a borrower and a lender. In the note, the borrower promises to repay the loan according to the terms of agreement specified within the note. If the borrower fails to repay the loan according to the agreed terms, the borrower may be liable for breach of note. To […]