Your driver license can be suspended under the Texas Safety Responsibility Act if you meet the following criteria:

1. You were involved in an automobile crash;

2. The investigating officer lists contributing factors that indicate you were responsible;

3. You did not have... View More

If she is telling you the truth now, you have a very strong case for what is sometimes colloquially called parental alienation.

On the other hand, if she is not telling you the truth now, your child may be dangerously manipulative (i.e. she might have lied on you originally and being lying... View More

An email can be effectively used to transmit a Stowers demand to an opposing party’s insurance company.

The benefit of certified mail is you have clear documentation of delivery.

But you can also request a delivery or read receipt to an email. And often, the recipient will send... View More

When homeowners know they have dying, diseased or unstable trees, it is their responsibility to take steps to prevent them from causing severe damage. If the tree was dying, unstable or diseased and the homeowner knew about it, he or she could be liable if it falls over on its own or during a... View More

If you non-suited your counterclaim without prejudice and the statute of limitations has not expired and you haven’t passed any pleading deadline set by the court in a scheduling order, you can simply file a new amended counterclaim in Texas state court.

In federal court, you most likely... View More

You still have the right to make an opening statement and a closing argument. Whether it is necessary depends on several factors.

If I know the judge is familiar enough with the facts of a case, I often waive opening. If a judge signals he/she understands my party’s contentions and is... View More

I am an appellate lawyer who regularly practices before the Fifth Court of Appeals in Dallas. I charge $450 per hour. Because the time spent on an appeal is heavily front-loaded, I typically require an initial retainer of $25,000 to handle a direct or restricted appeal from a default judgment.... View More

Unless there is a statute or common law rule requiring a writing, oral agreements are just as valid and enforceable as written agreements. This is a fundamental principle of contract law which is not dependent on the existence of any specific statute.

Of course, you still have to prove all... View More

You can ask for whatever amount you like. Awards of damages for mental anguish vary depending upon the facts and circumstances presented by the evidence to the jury.

A decent rule of thumb for settlement purposes is no more than 1.5x the amount of your medical expenses for whatever bodily... View More

The party who files a motion is commonly called the Movant.

The party responding to the motion is commonly called the Respondent; but, if the motion is a motion for summary judgment, the party against whom the motion is filed is called the non-movant (a summary judgment cannot be granted by... View More

If there are matters you wish to raise in avoidance of an affirmative defense (in essence, an affirmative defense to an affirmative defense), you must affirmatively plead them within the pleading deadline set by any applicable scheduling order.

Almost always, the discovery period will... View More

The settlor of the trust (in this case, your grandmother) chose the trustee and any substitute trustees in the event her first choice (presumably your father) does or is removed for cause. From your question, it sounds like your sister was the first substitute trustee selected by your grandmother.... View More

That is up to you. Unless your agreement with your former attorney requires presuit notice, mediation, or arbitration, there is no legal requirement to give prior notice.

In my experience, presenting your claim prior to filing suit in detail and offering to mediate before filing can help... View More

A party who timely requests a jury trial is entitled to one. A timely request must be made before your final trial.

You say you have won custody, so there must have been a final trial.

I’m going to guess that when you say you won custody, what really happened is you were awarded... View More

It depends on the terms of your employment agreement and the reason you failed its background check.

If your employment offer was not conditioned on you successfully passing their background check and a background check is not required by some law or regulation governing your occupation,... View More

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answered on Mar 11, 2023

If the company hired you as an at-will employee, they may terminate your employment at any time for any reason, including the results of a background check. However, if they promised to pay you for your training and expenses, they may be legally obligated to do so.

You should review any... View More

The driver who slammed into your Lyft is likely ultimately responsible under the facts you describe.

As the provider of a computer app, Lyft is unlikely to have any responsibility.

Unless your Lyft driver is also partly responsible for the collision, that driver is likely not... View More

The reality is that determining what technically is known as “legal liability” for injuries you sustained while riding in a Lyft carshare can be complicated. With that said, the information that you received there is “nobody you can go after” if you have sustained injuries caused by someone... View More

It depends.

A cell phone account holder commonly has access to information concerning the usage of the cell phones on that account. That enables the account holder to monitor each device’s usage for unauthorized activity.

Smart devices can share their location with others... View More

A Texas attorney could advise best, but your question remains open for three weeks. At this point, you could reach out to law firms to discuss. However, before you start spending money for a legal investigation, maybe you could contact the school administration to figure out what happened here.... View More