Texas litigators have long relied on established methods of service such as personal delivery, certified mail, substituted service at a residence or workplace and, when those efforts fail, service by publication. As defendants have become increasingly difficult to locate through traditional means, however, many nonetheless maintain an active online presence. In response to this shift
Guardianship Law: An Overview
With our aging population, second marriages and the blended families that arise therefrom, both elder law and family law attorneys are witnessing an uptick in divorce proceedings filed by adult children of elderly parents.
When Carlos Benavides died in December 2020, he left behind more than just a wealthy estate—he sparked a legal challenge that would force Texas courts to confront one of family law’s most divisive questions.
For over a century, American courts have wrestled with a fundamental question: Can someone else decide to end your marriage when
In an attempt to mitigate risk, most commercial contracts contain a provision limiting monetary recovery. The most common provision is a waiver of consequential damages. Despite the parties’ best intentions, whether a category of damages are considered direct damages or consequential damages is often determined on a case-by-case basis. Texas courts have provided the following
Commercial contracts involve a certain amount of risk allocation between the parties. Indemnity provisions are among the most aggressive risk shifting provisions because they can require a party to assume liability for the mistakes of another. As a result, Texas courts require indemnity provisions to comply with the Fair Notice Doctrine in order to be