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1 Nov 2014, 6:00 pm by WOLFGANG DEMINO
CONTRACT CONSTRUCTION AS A MATTER OF LAW  If a written contract has a definite legal meaning, then a court should read the text and construe it as a matter of law without help from a jury. [read post]
4 Mar 2013, 6:58 pm by WOLFGANG DEMINO
Sykes, 136 S.W.3d 635, 640 (Tex. 2004) (stating that "a dismissal constitutes a final determination on the merits of the matter actually decided"); Ritchey v. [read post]
9 Jan 2017, 10:52 pm by Wolfgang Demino
 - 6/24/2015 Here, however, even assuming all of AETC's asserted facts are true, they do not establish as a matter of law that the U.S. has the present right to compel legal title. [read post]
9 Jan 2017, 10:52 pm by WOLFGANG DEMINO
 - 6/24/2015 Here, however, even assuming all of AETC's asserted facts are true, they do not establish as a matter of law that the U.S. has the present right to compel legal title. [read post]
29 May 2015, 3:18 pm by WOLFGANG DEMINO
This privilege applies to bona fide statements made in good faith under circumstances where the author believes that the public has an important interest in a particular subject matter requiring publication, or where the author believes that a person having a common interest in a particular subject matter is entitled to know the information. [read post]
22 Dec 2014, 10:30 pm by WOLFGANG DEMINO
Cathey, 167 S.W.3d 327, 330-31 (Tex. 2005) (per curiam) (in a formal relationship such as an attorney-client relationship a fiduciary duty arises as a matter of law). [read post]
17 Mar 2013, 10:13 pm by WOLFGANG DEMINO
Barrios, 156 S.W.3d 547, 549 (Tex. 2004) (quoting Coker, 650 S.W.2d at 393). [read post]
1 May 2014, 9:32 am by WOLFGANG DEMINO
If a contract can be given a certain or definite legal meaning or interpretation, it is not ambiguous and is construed as a matter of law. [read post]
15 Jul 2013, 11:29 pm by WOLFGANG DEMINO
A defendant may prevail on his motion for summary judgment by offering evidence negating the actual malice element as a matter of law. [read post]
23 Feb 2017, 3:59 pm by Wolfgang Demino
  Fiduciary duties arise as a matter of law in certain formal relationships, including attorney-client and trustee relationships. [read post]