Proprietary function as defined in the Texas Tort Claims Act. The report itself was completely false, as in added in error. No such arrest was made, yet it was entered and cleared 2 more stages of review before being transmitted beyond the municipality.
The entry made it all the way to my... View More 
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answered on Jun 3, 2023
This question relates to municipal liability and asks if a governmental function done ineptly or negligently by the municipality reverts to a proprietary function (a mo-and-pop-shop) so that liability attaches and no claim of governmental immunity stands.
We do not get nearly enough... View More
My sons doctor , stated that I have HIV in my sons medical records and he uploaded it to many places , I have already asked him to remove the false information through certified mail , he said he would do it and that it was a mistake but he has not removed it yet . My sons medical records have... View More
answered on May 10, 2023
How much your case is worth depends on who sees that information, how it affects their perception of you, and how they change their treatment of you based upon that information.
If I were you, I would start keeping track of everyone who talks about you having HIV and how their actions... View More
I was terminated yesterday, with the stated, "criminal charges and have violated ethical standards set forth by the Behavior Analyst Certification Board (BACB)". I do not have any criminal charges, and informed the BACB of the arrest, to which they responded no ethical violation was... View More
answered on Apr 8, 2023
Without knowing what you were arrested for, it is not possible to form an opinion as to whether this incident meets that particular provision.
As a licensed professional, you should have a written employment agreement that clearly delineates the circumstances under which your employer may... View More
answered on Mar 28, 2023
You should report this to your parents as soon as possible. They may wish to retain an attorney to send the necessary demand letters and to file suit on your behalf.
I went to my neighborhood stripes to get gas, I went in and made small talk with the girl working, I asked her what was the girls name that worked the shift before her, she told me her name and said she's young like her son , which I didn't catch what she referring to because I... View More
answered on Mar 22, 2023
You theoretically can sue the employee but it looks like you only have nominal damages.
There are some very specific legal requirements addressing libel and slander cases, so be sure to hire an attorney with experience in this type of case.
Without large, clear economic damages,... View More
answered on Mar 17, 2023
There actually is a pending lawsuit against Fox News brought by Dominion Voting Systems arguing that Fox defamed Dominion. This case is set for trial April 17.
Suing a media member for defamation (i.e. libel and slander) is very difficult and expensive. Class action lawsuits are likewise... View More
I want to find out who lied and made these horrific accusations because now I'm being investigated for lies. It's embarrassing because cps is telling everyone what I'm being investigated for and it's all a LIE.
answered on Mar 5, 2023
Finding out who is going to be tricky, if you don’t already know who it is. CPS will not disclose the identity of the informant and legally they cannot be required to do so. But it may become obvious to you during the course of the investigation.
I would urge the attorney representing... View More
The Mediator was horrible. Once i filed this Case, isnt it Public Records even if we HAVENT went to Trial Yet? Our Court date havent been set yet but Anyone should be able to go online and see it. right? Im going to Request a Trial by Jury but How do i get a Motion to the Judge to set the Jury... View More
answered on Mar 1, 2023
It is usually not necessary to file a motion for trial setting in Texas state court. After conferring with the other parties’ attorneys (or the parties themselves if they are pro se) regarding their scheduling availability, you can usually call or email the court coordinator with a list of... View More
Honestly honest opinion
answered on Feb 13, 2023
Article 1, section 3a of the Texas Constitution provides: “ Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.”
In my professional experience, I have rarely seen individuals treated... View More
Have tried to resolve amicably. Car in shop 26 days out of the 45 I have owned it. Since it was purchased with 1000 miles CPO "as is" it does not qualify for buyback according to MBUSA.
I spent 130k and car does not drive nice. So while I prepare a lawsuit, want to paint on car,... View More
answered on Jan 28, 2023
Since a car can only be a “lemon” if it was purchased new, you could be sued for business disparagement if your sign deters a prospective customer from purchasing a car from the dealership.
Most used cars are sold as-is, meaning the buyer is not relying on anything the seller may have... View More
I know a petition to remove can be done, but I want to know the exact steps so if the majority of the owners wish to pursue this we don't get ignored for not following one particular procedure correctly. We currently have a rogue board president specifically, and it is unclear if these other... View More
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answered on Jan 29, 2023
I will assume you are asking about removing board members for your Home Owner's Association "HOA."
Each HOA has it's own by-laws and rules. This usually includes the rules/process on adding and removing board members. To properly advise anyone, a lawyer would need a copy... View More
she put her 6 mo old child in his vehicle demanded he take her home and when he would not comply with her wishes she physically attacked him, he fought her back and then she threatened to call the police. Forgetting the child was in his car he left to de-escalate the situation she then called the... View More
answered on Jan 6, 2023
You should retain an experienced criminal defense lawyer to file a post-conviction writ of habeas corpus based on his actual innocence. During that proceeding, your fiance will have the burden to prove his actual innocence. He must present newly discovered evidence that establishes his innocence... View More
My sister-in-law, who does have some mental issues, but is competent I guess, did the following this week.
She called my wife's employer and made outlandish claims that she was using their corporate resources to hack her businesses and her business computers.
She has no... View More
answered on Dec 18, 2022
Have a lawyer send your sister in law a letter warning her to cease her behavior,
I paid over $14k ($7k attorneys hours $2k paralegal plus $5k internal reviews admin fee ) for a specific performance case filed in Jul 2021. Now the Law Firm want me to file motion of summary & no evidence judgment as Pro Se in realestate deal
I am plaintiff and buyer filed petition... View More
answered on Nov 19, 2022
If you’ve only paid $14K atty fees in that type of case after 15 months of litigation, your current law firm is doing a bang up job in keeping your litigation costs low.
If they are recommending you file a no evidence motion for summary judgment, the timing seems about right as the... View More
me is this. I went to the national night out on September 20th and the police chief said to the police officer "her,its her".." investigation, tailed" the other police officer said "why?" and he replied "drugs". I took this personally as i have never even... View More
answered on Nov 6, 2022
It seems unlikely you would be charged for making vague statements at a National Night Out event.
Making a false statement to a police officer that is material to an ongoing criminal investigation is a crime. From your question, it doesn’t sound like anything you said was material to a... View More
A father of 2 boys that Ive known for almost 4 years in person asked me to cease communication with them for no reason in January. I didn't listen and continued communication, until 2 weeks ago when he said he found out about our communication, and harshly told me to cut contacr and "seem... View More
answered on Oct 5, 2022
If you are not in any way related to these children, and sometimes even if you are related, a parent absolutely has the right to prevent you from communicating with their children. Absent certain circumstances, a PARENT of a child(ren) has a more superior right to their child(ren) than ANYONE else.... View More
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answered on Sep 15, 2022
Not sure what your question is. If you can ask exactly what your issue or question is I will be glad to answer for you. Otherwise please call my law office or another experienced criminal attorney for an appointment. Please have the appeal decision ready for any questions.
Good Luck!
I am a real estate professional. I just recently discovered that an Appraisal Management Company which also does Broker's Price Opinons, had approved application from someone claiming to be me. The imposter was using my inactive real estate license to illegally perform BPO's. The imposter... View More
answered on Sep 1, 2022
This particular type of dispute falls into the area of law known as professional liability. If you have a Real Estate Professional Errors & Omissions Insurance Policy, you should report the claim made against you to your insurer, who will most likely provide a defense to you.
Because... View More
It's a jocular episode of "resisting arrest"; a class A misdemeanor upfront, but upon successive charges shall be enhanced to a felonious severity...
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answered on Aug 26, 2022
Habeas Corpus Writ Application forms should be available at the Court of Criminal Appeals website. If not, use the 11.07 app form and review the 11.09 rules to be sure you comply.
Good Luck!
Prosecutor has lied several times but criminal attorney said it doesn't have anything to do with statue you were charged with. What can or should you do?
answered on May 12, 2022
"Never interrupt your enemy when he is making a mistake." - Napoleon Bonaparte
Perhaps your lawyer knows that the judge already knows that the prosecutor's argument is irrelevant.
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