Those who have come across the Anti-SLAPP statute before—the Texas Citizens Participation Act found in Chapter 27 of the Civil Practice and Remedies Code (TCPA)—may be familiar with a minor split in appellate decisions as to whether it can be used to dismiss a petition for pre-suit discovery under Texas Rule...
Category: Commercial Litigation
Insurance Bad Faith for Cash Benefit or Supplemental Health Care Policies
One type of insurance often abused by life, health, and accident insurance companies is that which provides a cash benefit or defined benefit—or the label preferred by insurers now, a supplemental health policy—that is supposed to kick in and pay benefits when diagnosed with or receiving treatment for a medical issue. That...
Conducting Out-of-State Discovery in Texas
Texas does not follow the pack when it comes to many things, including out-of-state discovery.
(Notice - The Texas Legislature passed a law in its 2023 session that allows the Texas Supreme Court to adopt the UIDDA within the next two years. That may be expected to occur at...
Understanding Repudiation and Anticipatory Breach of Contract in Texas
When parties enter into a contract, they promise one another to carry out the terms that were agreed upon. Failing 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 were 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...
The Texas Deceptive Trade Practices Act (DTPA): Statute of Limitations
The forms of deception that can occur in commercial transactions are limited only by the imagination of a dishonest purveyor, with subtle half-truths capable of inflicting harm no less than outright lies. It is not possible to anticipate all the ways a bad actor can mislead others—especially in this age of virtual...
What Is Extracontractual Liability for an Insurance Company, Including a Stowers Claim?
Claims against an insurance company for failing to fulfill the terms of an insurance policy can be complex and difficult. In many cases, the issue can be the definition of certain words in the contract. Sometimes, there can be claims against an insurance company that seek damages above, beyond, or outside the...
What Is Business Disparagement and How Is It Dealt With in Texas?
Derogatory statements published online, in the media, or personally communicated that adversely affect a company’s sales, business, or credit can be remedied in Texas with a cause of action known as business disparagement. While the tort is similar to defamation, the two claims are distinct and exist for different purposes. Defamation protects...
What Are the Options if My Commercial Property Insurance Claim Is Denied?
Running a business (or nonprofit) comes fraught with a host of stressors. Supply disruptions, marketing issues, cash flow, and regulatory requirements are just some of those. Others include the legal risks of not only consumer or client complaints related to your goods or services, but property damage resulting from unforeseeable natural or...
Alternative Dispute Resolution: Is It Right for You?
The default method of resolving legal disputes in Texas by going to court is based on your constitutional right, as either initiating party (plaintiff or claimant) or answering party (defendant or respondent), to have any civil dispute heard by an impartial judge or jury that will determine who is right and wrong....
