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Day on Torts Nugget – Amending Complaint While a Motion to Dismiss is Pending
20 Jan 2020, 6:59 am by The Law Offices of John Day, P.C.
Levitt, 493 S.W.3d 492, 497 n.3 (Tenn. [read post]
Day on Torts - http://www.dayontorts.com/
Prior breach by the other party as excuse for nonperformance under contract
10 Aug 2011, 11:36 pm by WOLFGANG DEMINO
But when it is clear that the parties intended that time be of the essence, the failure to timely perform can be a material breach as a matter of law. [read post]
Texas Causes of Action Blawg - http://causeofactionelements.blogspot.com/
One bite only: Res judicata doctrine stops second bite at the proverbial apple
23 May 2012, 10:47 am by WOLFGANG DEMINO
See Barr, 837 S.W.2d at 628 (stating res judicata bars related matters that, with the use of diligence, should have been litigated in prior suit). [read post]
Texas Causes of Action Blawg - http://causeofactionelements.blogspot.com/
U.S. Court of Appeals for the Fifth Circuit, Southwest Airlines Company v. Liberty Insurance Underwriters, Inc., Docket No. 22-10942
2 Apr 2024, 2:30 pm
See Pharr, 642 S.W.3d at 474. [read post]
Frederic Borel - http://fredericborel.blogspot.ch/
"Substantial Compliance" and the Tennessee Health Care Liability Pre-Suit Notice Statute
4 Nov 2013, 3:00 am by John Day
State, 377 S.W.2d 900 (Tenn. 1964). [read post]
Day on Torts - http://www.dayontorts.com/
Texas Theft Liability Act mandates award of attorneys fees to the prevailing party, whether plaintiff or defendant
9 Nov 2018, 9:02 am by MOTP
Killion, 441 S.W.3d 702, 705 (Tex. [read post]
Texas Causes of Action Blawg - http://causeofactionelements.blogspot.com/
Worried about word counts? Your choice of word processor matters a great deal.
13 Jan 2013, 12:00 pm by Don Cruse
Legal citations: Is “S.W.3d” one word or two? [read post]
The Supreme Court of Texas blog - http://www.scotxblog.com
Leading Tennessee Tort Cases - Expert Witnesses - Limited Use of Discovery Depositions of Experts
6 Apr 2011, 3:00 am by John Day
Harrington, 138 S.W.3d 895 (Tenn. [read post]
Day on Torts - http://www.dayontorts.com/
[Form] Motion to Vacate Default Judgment granted to National Collegiate Student Loan Trust based on faulty TSI Affidavit [Texas pro se template]
2 Dec 2017, 1:39 pm by Wolfgang Demino
Preiss,121 S.W.3d 715, 720-21 (Tex.2003). [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
Conditions precedent in a contract & effect of failure to satisfy them - exceptions
10 Aug 2011, 11:25 pm by WOLFGANG DEMINO
Because waiver is largely a matter of intent, it will not be implied absent a clear intent expressed in words, acts, or conduct. [read post]
Texas Causes of Action Blawg - http://causeofactionelements.blogspot.com/
Sad Day for Free Speech and Press Freedom in Texas: Corpus Christi Caller-Times v. ex-Chamber of Commerce CEO Terry Carter (Tex. May 24, 2019)
24 May 2019, 3:01 pm by MOTP
" But before the meeting started, two of those members were informed that they were no longer eligible to serve on the committee, "meaning they can't participate in the committee's recommendation to the full board on matters involving Carter's contract. [read post]
Texas Causes of Action Blawg - http://causeofactionelements.blogspot.com/
Germany v. Wells Fargo Bank, N.A. (Tex.App. 2019)
14 Apr 2019, 7:54 am by MOTP
., 173 S.W.3d 212 (Tex.App. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
What and How You Sign a Contract Matters
29 May 2014, 12:57 pm by Alex Fuller
  [1]               408 S.W.3d 645 (Tex.App. [read post]
Tilting the Scales - http://www.tiltingthescales.com/
Texas Contract Law: Was there a "Meeting of the Minds" on a fixed amount?
22 May 2019, 6:52 pm by MOTP
" 567 S.W.3d 748, 751 (Tex. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
The court may, for good cause, direct the entry of judgment of adoption nunc pro tunc as of the date the petition for adoption was instituted
3 Mar 2010, 12:28 pm by PaulKostro
For The Adoption of S.W., __ N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Contract Construction & Ambiguity (per Houston's 14th Court of Appeals)
17 Aug 2011, 7:11 pm by WOLFGANG DEMINO
The contract is not ambiguous if it can be given a certain or definite meaning as a matter of law. [read post]
Texas Causes of Action Blawg - http://causeofactionelements.blogspot.com/
Motion to Compel Arbitration: Standard of Review
8 Sep 2009, 6:13 pm by WOLFGANG DEMINO
., 128 S.W.3d at 227.If the party opposing arbitration denies the existence of an agreementto arbitrate, the question is determined by the court as a matter oflaw. [read post]
ADR Law Texas - http://texas-arbitration-case-law.blogspot.com/
Proving breach of fiduciary duty (BoFD) claim
22 Jul 2011, 11:28 pm by WOLFGANG DEMINO
—San Antonio 2003, pet. denied) (stating that an agency relationship creates a fiduciary relationship as a matter of law). [read post]
Texas Causes of Action Blawg - http://causeofactionelements.blogspot.com/
Leading Tennessee Tort Cases - Comparative Fault - Allocation of Fault to an Unknown Party in Motor Vehicle Case
11 Aug 2010, 3:00 am by John Day
Edwards, 62 S.W.3d 170 (Tenn. [read post]
Day on Torts - http://www.dayontorts.com/
Sup. Ct. SCI Arbitration case decided: In Re Services Corporation International (Tex. 2011)(orig. proceeding)
16 Dec 2011, 6:13 pm by WOLFGANG DEMINO
Corp., 972 S.W.2d at 65. [read post]
ADR Law Texas - http://texas-arbitration-case-law.blogspot.com/