Civil Litigation

Quantum Meruit: Recovering on a Contract When There Is no Contract

When two parties enter into a contract for goods or services, the parties generally create a set of responsibilities to one another. Each side is obligated to perform their part of the contract in exchange for the performance by the other side. A contract that would be upheld by a court is called an enforceable…

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Possessory Liens: Enforcement and Collateral Recovery

The Texas Legislature has enacted possessory lien statutes in the Texas Property Code to protect service providers who perform work on personal property such as motor vehicles, boats, and aircraft. This article is limited to the liens available to service providers who repair, tow and store motor vehicles. The purpose of this article is to…

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Predatory Lending Practices by Bank of America Corp

The U.S. Supreme Court recently heard oral arguments in a case involving alleged predatory lending practices by the Bank of America and whether a municipality, the City of Miami, may file a suit for economic damages under the Fair Housing Act (FHA). The City alleges that the bank’s predatory lending practices disproportionately affected minority communities.…

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What to Expect when You’re Expecting (A lawsuit)

Clients often ask, “Can they sue me for this?” The answer is always, “yes, they can file a lawsuit for anything; that doesn’t mean they can win.” In business and in life, people find themselves in conflicts, and often times threats about suing are thrown around. People tend to have an expectation that getting sued…

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What is Civil Litigation?

Civil litigation is the process by which disputes are resolved between companies and/or individuals where criminal prosecution is not involved.   Because civil litigation is between private entities and the State is not a party, the process of civil litigation is markedly different from a criminal case. Family law is a subset of civil litigation,…

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Texas Clean Air Act

In BCCA Appeal Group, Inc. v. The City of Houston, the Texas Supreme Court sided with an industry challenge to a Houston ordinance regulating air quality within its corporate limits. In 1967, the Texas legislature enacted the Texas Clean Air Act. The Act empowered the predecessor agency of the Texas Commission on Environmental Quality (TCEQ)…

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Am I a Target for a Lawsuit?

A common question clients ask after being sued is, “What could I have done differently to have avoided a lawsuit?” At the outset of a lawsuit, a careful plaintiff will consider the answer to three questions: Can I prove the Defendant is liable? – Simply put, was the Defendant in the wrong? It could be…

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Koch v. Boxicon, LLC – Dallas Court of Appeals

Koch v. Boxicon, LLC Dallas Court of Appeals, No. 05-14-01424-CV (March 30, 2016) Justices Fillmore, Myers, and Whitehill While Koch was finishing chiropractic school, he met Lindemuth, Boxicon’s general manager—an encounter both now likely regret. After Lindemuth had personally advanced several thousand dollars for Koch’s mortgage and living expenses, a Boxicon affiliate leased Koch space…

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Title IX

Title IX was a law enacted in 1972, sign by President Nixon, which read: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”   On July 21,…

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Think Before Taking That Lawsuit to Court

Three Questions to Ask Yourself Before Heading to the Courtroom When people feel like they’ve been wronged by another party in some form or fashion, taking a lawsuit against that party to court tends to be one of—if not the first—options they entertain. Understandably, we can all fly off the handle to an extent after…

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