Judge Rejects Request for Pre-Suit Discovery from Texas Lottery

Texas state district court judge Stephen Yelenosky rejected a request by lottery watchdog Dawn Nettles to take the pre-suit deposition of representatives of the Texas Lottery Commission and lottery operator GTECH Corporation.  Nettles, holder of what she believes are multiple winning Fun 5’s scratch-off tickets, argued that the TLC and GTECH should be forced to […]

Texas Supreme Court will hear oil royalties case

The Texas Supreme Court has agreed to hear a long-running oil royalties dispute. The case in question concerns a landowner’s claim of fraud — and how that claim might affect the statute of limitations for bringing claims against a driller. Charles Hooks III’s land lease required Samson Lone Star LP to pay him if it […]

Can I recover my attorney’s fees if the other party breaks our contract?

The innocent party can often recover the cost of its attorney fees spent trying to enforce the contract. In Texas, section 38.001 of the Civil Practice and Remedies Code allows for the recovery of lawyer’s fees spent to enforce an oral or written contract. And in many jurisdictions, including Texas, attorney’s fees can be recovered […]

What constitutes a breach of contract?

“Breach of contract” simply means that one party (or both) to the agreement, without a legally-recognized excuse, broke the agreement in some way, refused to recognize the agreement, or acted in a way inconsistent with the existence of the agreement. Not all breaches are the same or entitle the innocent party to the same legal […]

What happens when the parties to a contract dispute its meaning?

Parties to a contract often disagree over the meaning of a contract or one of its terms. When this occurs in the context of a legal dispute, the court often determines the contract’s meaning. The intent of the parties—to the extent it can be ascertained from the contract—determines the meaning of a contract. A court’s […]

Does my contract need to be in writing to be enforceable?

As a general rule, all contracts, even oral contracts, can be enforced in a court of law. However, as with every general rule, there are exceptions. Some contracts are considered too important to be left to swearing matches in court. Most states, including Texas, have enacted a Statute of Frauds that require certain types of […]

How do I know if my agreement is an enforceable contract?

Not all agreements or understandings are legally binding. There are certain requirements that need to be met before an agreement or understanding can be a legally enforceable contract under the law. For an agreement to be a legally enforceable contract, there must be an offer of terms by one party and an acceptance of those […]

Excuses for Breach of Contract

What if the breaching party has an excuse for breaking a contract? When a party to the contract breaks it in some way, that party often has a reason or excuse for the failure to abide by the agreement. But not all excuses are equal under the law. Only those excuses recognized under the law […]

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