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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 Read More

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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 Read More

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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. Read More

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Welcome Cody Lewis!

Hayes, Berry, White & Vanzant would like to welcome Cody Lewis to our firm! Cody comes to us from Beasley, Hightower & Harris in Dallas, Texas. Cody works tirelessly to uphold his client’s values, interests, and objectives while providing them with the highest level of information to achieve their objectives. Cody will be practicing Civil, Read More

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Morrison v. County of Fairfax: Fire and Police Department Personnel Overtime

A 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

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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 Read More

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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, Read More

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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) Read More

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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 Read More

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Lien on Me? Materialmen’s and Mechanic’s and Texas Property Code § 53.160.

How do you challenge lien claims against your property? Disputes can arise as to the payment for, or performance of services on your home with a contractor. One of the constitutional remedies that a contractor has is to file a lien against your property, claiming you owe them money. If someone has filed a lien Read More

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