When parties enter into a contract, they promise one another to carry out the terms that were agreed upon. Failure to do so is a breach entitling the innocent party to damages that should put them (much as possible) into the same economic position as if the contract had been fulfilled.
How To Tell If Your Insurance Company Is Acting in Bad Faith? Here Are Some Signs to Look For
Insurance is meant to provide peace of mind against the financial costs of unexpected damage or loss. However, dealing with an insurance company after making a claim on the policy can be a huge frustration itself.
How do you know which frustrations, delays, and disappointments are normal as opposed...
Conducting Out-of-State Discovery in Texas
Texas does not follow the pack when it comes to many things, including out-of-state discovery.
Like any other exercise of interstate authority, discovery subpoenas issued by the courts of one state are not automatically enforceable in another. Absent an agreement of the discovery target to voluntarily comply with an...
Rule 202 Petitions for Pre-Suit Discovery in Texas
Most are familiar with the warning that must be given by law enforcement before interrogating a suspect or at time of arrest: “You have the right to remain silent ….”
One may assume that is true for all legal matters. To the contrary, remaining silent, whether based on the...
Updated Guidance on Consent-to-Assign Provisions in Texas Oil and Gas Leases
For decades it has been standard literature on oil and gas leases to note there is uncertainty regarding how a court may treat the violation of a consent-to-assign provision since, in Texas at least, such instruments are contractual “leases” in name only.1 Some commentators have advocated for courts to disregard their well-established...
Enforcement of Out-of-State or Foreign Judgments/Arbitration Awards
The U.S. Constitution at Article IV, Section I, states: …
“Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records...
Pro Hac Vice Admission in Texas Courts
Texas allows “nonresident attorneys” to appear for a single case–commonly referred to as pro hac vice–but makes the process a bit more onerous than other jurisdictions.
Rule 19 of the Rules Governing Admission to the Bar of Texas establishes the procedure for a nonresident attorney to request permission...
