Judicial Admissions and Judicial Estoppel Under Texas Law

Texas law recognizes judicial admissions, which “are assertions of fact, not pleaded in the alternative, in the live pleadings of a party.” Lyons v. Lindsey Morden Claims Mgmt., 985 S.W.2d 86, 92 (Tex. App.—El Paso 1999, no pet.) (citation omitted). In other words, a judicial admission is a factual statement made by a party to […]

Why you Need an Appellate Lawyer at Trial

There is a reason that major trials today almost always involve appellate lawyers on both sides. The best trial lawyers in America recognize the value an appellate lawyer adds to the trial team—and the danger inherent in proceeding without one. Unfortunately, too many clients remain reluctant to incur the costs associated with having an appellate […]

Attorney Immunity

In 2015, the Supreme Court of Texas decided Cantey Hanger, LLP v. Byrd, 467 S.W.3d 477 (Tex. 2015), clarifying what is known as the “attorney immunity doctrine.” Essentially, the doctrine posits that, “as a general rule, attorneys are immune from civil liability to non-clients ‘for actions taken in connection with representing clients in litigation.’” Id. […]

Informal (aka “Common Law”) Marriage in Texas

Section 2.401 of the Texas Family Code provides that a party may prove an informal marriage (formerly known as a common law marriage) “by evidence that . . . the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to […]

Citizens Beware: You Could Be SLAPPed

Texas litigants considering filing a legal action for defamation need to consider whether the Texas Citizens Participation Act covers their claims. Signed in 2011, the Act provides powerful tools by which defamation defendants may not only escape liability but also can turn the tables on their accusers by obtaining an award of attorney’s fees incurred […]