Search for: "Matter of S.W."
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22 May 2019, 6:52 pm
" 567 S.W.3d 748, 751 (Tex. [read post]
20 May 2019, 9:11 am
Should it be based on how the highest court ruled on the matter, which would then—on the particular waiver issue in this example-- result in a tie between the State of Texas (based state common law) and the Fifth Circuit (based on federal common law).Or should the counting and coding be based on how different courts ruled regardless of whether they were ultimately reversed? [read post]
18 May 2019, 9:27 am
Apr. 26, 2019).While the resolution of the case pivots on issues of contract law in the leasing context, the lengthy portion of the opinion addressing the matter of attorneys fees [see cut & pasted below] will have much broader impact across a wide array of practice areas. [read post]
16 May 2019, 10:21 am
Therefore, we affirm.[...]We hold that Cadence’s breach of the wire transfer agreement entitledElizondo to offset Cadence’s chargeback by the amount of the overdrawn funds asa matter of law.* * *In sum, Elizondo breached the UCC and the parties’ Deposit Agreement bydepositing the counterfeit check into his IOLTA bank account. [read post]
15 May 2019, 6:51 am
” Archdekin, 562 S.W.3d at 306. [read post]
14 May 2019, 8:27 am
After the parties and the trial court discussed Build by Owner's discovery-related motions, the trial court asked if there were any other matters to consider. [read post]
14 May 2019, 4:00 am
McKillip, 469 S.W.2d 160, 163 (Tex. 1971). [read post]
11 May 2019, 11:47 am
But even on the matter of fee proof, appellate dispositions are inconsistent in credit card cases. [read post]
10 May 2019, 1:07 pm
, 472 S.W.3d 325, 332 (Tex. [read post]
10 May 2019, 12:59 pm
Knott, 128 S.W.3d 211, 215 (Tex. 2003). [read post]
10 May 2019, 11:37 am
Note also that Godoy opinion does not address the matter of contractual choice of law. [read post]
8 May 2019, 1:21 pm
Following a hearing on the matter, the district court denied the motion to compel arbitration. [read post]
4 May 2019, 12:39 pm
There is good reason to conclude that the alteration does matter here. [read post]
2 May 2019, 12:31 pm
Citibank (S.D.), N.A., 293 S.W.3d 759, 764 (Tex. [read post]
26 Apr 2019, 9:53 am
While claiming to merely “clarify” its prior precedents on the matter, and acknowledging no major break with the longstanding Arthur Andersen fee-factors framework, the Texas high court will have accomplished much more. [read post]
26 Apr 2019, 12:46 am
State, 30 S.W.3d 540, 545 (Tex. [read post]
24 Apr 2019, 9:46 am
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]
17 Apr 2019, 1:55 pm
State, 991 S.W.2d 263, 265 (Tex. [read post]
16 Apr 2019, 12:07 pm
Hence, the defendant was entitled to judgment as a matter of law. [read post]
14 Apr 2019, 7:54 am
., 173 S.W.3d 212 (Tex.App. [read post]
