By William Scazzero | Published April 8, 2019 | Posted in Municipal Law | Comments Off on What is the “Service” in a Lawsuit and What Happens When it Goes Wrong
Service of process is the means by which a person named in a lawsuit is officially made aware of the existence of the lawsuit, and the need for them to take some action. The principals of “Notice and Opportunity” are inherent in people’s right to due process under the law, but what does that mean? Read More
Read MoreOn December 15, 2017, the Texas Supreme Court handed down its opinion in City of Krum, Texas, Petitioner v. Taylor Rice, Respondent. Our Firm represents the City of Krum, which had passed a city ordinance prohibiting Registered Sex Offenders who had committed violations of the Penal Code involving minors under the age of sixteen years from Read More
Read MoreWhen 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 Read More
Read MoreThe 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. Read More
Read MoreA recent case out of the U.S. Court of Appeals for the Fourth Circuit gives a detailed explanation of the rules regarding overtime pay for fire and police department personnel. In Morrison v. County of Fairfax, a group of over one hundred current and former fire captains brought suit against Fairfax County for the denial Read More
Read MoreClients 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 Read More
Read MoreIn 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) Read More
Read MoreRapid population growth and aggressive annexation policies by Texas cities have extended municipal boundaries into areas that were once predominantly rural and dominated by agricultural land uses. In an effort to curb the ability of cities to annex legitimate farming operations and burden those uses with municipal regulations the Texas legislature in 2007 enacted House Read More
Read MoreThe American legal system serves as a framework that oversees how our society functions. It takes into account the freedoms and ideologies of the nation at large and involves the creation and enforcement of various laws meant to keep our citizens safe. Be that as it may, our legal system also comprises various laws that Read More
Read MoreTitle 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, Read More
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