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14 Sep 2017, 1:33 pm by Wolfgang Demino
May a payday lender enforce arbitration clause after wrongfully filing bad-check affidavits and procuring criminal prosecution of borrowers in aid of collecting civil debt when debtors turn the tables on them and sue? [read post]
18 Jun 2018, 10:11 pm by MOTP
A plaintiff who moves for summary judgment has the burden of conclusively proving all the elements of the asserted cause of action as a matter of law. [read post]
10 Jan 2017, 8:12 am by Wolfgang Demino
, 52 S.W.3d 671, 684 (Tex. 2000) (allowing for no recovery under a quasi-contract or unjust enrichment theory where a valid express contract covers the disputed subject matter). [read post]
10 Jan 2017, 8:12 am by WOLFGANG DEMINO
, 52 S.W.3d 671, 684 (Tex. 2000) (allowing for no recovery under a quasi-contract or unjust enrichment theory where a valid express contract covers the disputed subject matter). [read post]
11 Mar 2013, 9:20 pm by WOLFGANG DEMINO
Mandamus is an extraordinary remedy; it is not issued as a matter of right but rather at the discretion of the court. [read post]
11 Mar 2013, 9:20 pm by WOLFGANG DEMINO
Mandamus is an extraordinary remedy; it is not issued as a matter of right but rather at the discretion of the court. [read post]
24 Apr 2019, 9:46 am by MOTP
Comment: While the new rule makes good sense as a matter of jurisprudential policy, it also happens to cut both ways (shortening or lengthening the limitations period depending on the nature of the claim and under what theory it is actionable). [read post]