In Texas, you can ask for a divorce for specific reasons of some marital problem (fault divorce) or generalized reasons that the marriage isn’t working (no-fault divorce). This division in divorce in Texas is historical but continues to provide some legal benefit in certain circumstances. Depending on the facts of your case and what you […]
When you own liability insurance, whether it is home insurance or auto insurance, your policy undoubtedly possesses a clause that allows you to turn the claim over to the insurer when the claim is covered under the policy. The insurance company then has a duty to defend you from lawsuits for those claims. Typically insurers
As a fellow homebrewer, unfortunately I have to tell you the answer is no, unless you obtain professional brewing licenses and sell beer from a commercial brewery or brewpub. There are a lot of misunderstandings about what you can do with your homebrew. Each state has its own laws for how much you can make and where you
I am a homebrewer, can I sell my homebrew/beer/wine/mead/cider/etc.? Read More »
Living as a tenant comes with a lot of frustration, wasted time and possibly money when you have a bad landlord. Most of us who have been tenants at some point in our lives have bad experiences with landlords. Landlords have an incentive not to care for the property any more than they must. The
I have problems with my Texas landlord, what can I do? Read More »
Transgender people are part of the LGBTQI community but when discussing employment discrimination, transgendered employees are treated very differently. In Texas, sexual orientation is not protected against employment discrimination by federal or state law. Only a handful of cities in Texas have passed ordinances that prohibit sexual orientation as a motivation for employment discrimination. Transgender-based
Transgender employment discrimination in Texas Read More »
Last month I blogged about the EEOC’s new employment discrimination priorities, including the EEOC’s focus on criminal background checks. The EEOC argues criminal background checks of job applicants results in an illegal, discriminatory employment practice. EEOC suggests there is a discriminatory impact on minorities when criminal background checks are not a job necessity. The EEOC made it a
EEOC misses on criminal background check discrimination lawsuit Read More »
All states have what are called intestacy laws, which govern how most property will be divided when an adult dies without a valid will. An important note in that description is that there must be a valid will. It is not enough that there is a will, the will must be enforceable under the testacy
What happens to my property if I die without a will in Texas? Read More »
Moral turpitude is an old legal term that simply means depraved or immoral. The term most commonly applies to crimes of moral turpitude and how that class of crimes affects other areas of law. Moral turpitude crimes may affect contract terms, employment law and immigration. (A conviction for a crime of moral turpitude may also
Crimes of moral turpitude under Texas law Read More »
Subrogation in a personal injury claim is the right of an entity who paid on your claim to seek repayment by another person or entity either by contract or by law. In the majority of Texas personal injury cases one or more subrogation claims arise. Addressing subrogation claims is a critical part of the work
What is subrogation in a Texas personal injury claim? Read More »
A personal injury lawsuit in Texas is definitely not a fast process in most cases and depends upon the particular facts and even which county the injury occurred in. The speed a case can go to trial in Tarrant County can be different from Dallas County. However, the process is typically similar. Your first step
What happens in a personal injury lawsuit? Read More »
In Anderson v. Cato Corp. the plaintiff Cynthia Anderson alleged Cato Corporation discharged her by discriminating against her for pregnancy. Anderson was a part time employee of Cato who became pregnant. As the pregnancy progressed she came to a point where her doctor ordered her to extended bed rest. As a part-time employee, she was not entitled
Overtime pay has long been a contentious issue in various industries, and the legal profession is no exception. As lawyers dedicate their time and expertise to serving their clients, questions arise about whether they are eligible for overtime compensation. In this article, we will delve into the intricacies of overtime pay for lawyers, exploring the
Even lawyers want their FLSA overtime pay Read More »
A holographic will is a handwritten will. Although it sounds like it should be one of those foil pictures that with three dimensional pictures; it is less exciting. Each state has its own rules for what makes a holographic will valid. Not all states even accept them. A handwritten will sounds like an easy way
What is a holographic will under Texas law? Read More »
Generally no. While working in the financial services industry I had the opportunity to learn a lot about investing and risk assessment. One really important lesson learned: financial services is all sales. Selling stocks, selling annuities, selling retirement plans, selling trusts, etc. The business model is straightforward: get clients in the door, bring in their assets and
Should I rely on my financial advisor or Texas attorney for estate planning? Read More »
In yesterday’s post I explained how to open negotiations with the insurance company about your diminished value claim. If you did not succeed negotiating your diminished vlue claim (sometimes called a DV claim) then you sent a demand letter. This letter should begin more serious negotiations with the insurance company. The insurance company will work
Filed a demand letter for diminished value claim, now what? Read More »
Cat’s paw liability is the theory that when upper management elects disciplinary action, including terminations, based upon information provided by a lower level of management where the lower level manager took provided the information based on discriminatory animus, the discriminatory animus is inferred on upper management. Managers cannot use human resource procedures to discriminate in
What is cat’s paw liability in employment discrimination litigation? Read More »
Yesterday I discussed how to evaluate your diminished value claim. Today we’ll discuss how to assemble and submit your diminished value claim to the insurance company. You can hire a lawyer, like myself, to assemble your claim and negotiate with the insurance company. However, unless your car is a luxury vehicle or you also have injury
How to submit a diminished value claim Read More »
Talk about bigamy today and you might find yourself in the middle of a debate about the long term results of the Supreme Court declaring DOMA unconstitutional; but bigamy is a problem for Texas marriages outside of the DOMA issue. Under the Texas Family Code an individual can have only one spouse and all other
Bigamy, Texas marriages and the Texas Family Code Read More »
Yesterday I posted the first part of this series on diminished value, explaining diminished value and the types of diminished value. Today’s post will deal with how to evaluate your diminished value claim. Recovering diminished value claims is informational warfare with the insurer to prove that you: (1) lost value on your car; (2) what amount you have
How to evaluate a diminished value claim Read More »
Today’s post is about diminished value under Texas law. Future posts this week will discuss: (1) how to evaluate a diminished value claim; (2) how to file your diminished value claim; and (3) what steps you will need to take after you file your diminished value claim. Diminished value is a form of monetary relief
What is diminished value? Dallas employment lawyer explains Read More »