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The Mundy Firm

Prison Litigation - Administrative Grievances Mandatory

Dec 17, 2012 — by Jeff Mundy
Tags: Civil Rights

The Prison Litigation Reform Act requires prisoners to file grievances and exhaust their administrative remedies before they may seek redress in courts.

Exhaustion of the administrative grievance is mandatory with no exceptions as a jurisdictional pre-requisite.

 


Jury Verdict Survives Death of Party to Suit

Dec 13, 2012 — by Jeff Mundy
Tags: Civil Procedure

When a party to a jury trial dies between verdict and judgment, judgment shall be rendered and entered as if all parties were living.


Oil & Gas law

Dec 11, 2012 — by Jeff Mundy
Tags: Oil Gas Law

Purported royalty interest owners had a right to seek a court determination of their rights to mineral interests.


Landowner Rights - Government "Takings" law

Dec 10, 2012 — by Jeff Mundy
Tags: Land Use

The Supreme Court of the United States ruled that conduct of the government which causes flooding of property could constitute a "taking" of the property requiring the United States' government to compensate the land owner.


Will Contest Law

Dec 10, 2012 — by Jeff Mundy
Tags: Probate

Wills may contain provisions disinheriting a person if they contest the provisions of the will.  

These "no contest" or "no litigation" provisions are known as "in terrorem clauses," which are enforceable. 


Business & Commercial Litigation - Damages & Civil Procedure

Dec 9, 2012 — by Jeff Mundy
Tags: Commercial Litigation

Businesses fall victim to defective products and wrongful conduct of their vendors, just as people are injured by wrongful conduct and defective products.

Business and commercial litigation usually allows businesses to recover lost profits, and consequential damages.

The Eastland Court of Appeals recently explained the rules regarding damages recoverable in commercial and business litigation arising from defective products.

Importantly, these business owners initially tried to handle the matter themselves without a lawyer, and created some serious procedural problems.

If you have a significant business dispute or commercial litigation, please contact an attorney as early as possible as they may help you avoid some self-inflicted problems in obtaining enforcement of your rights.


Arbitration in Contract Agreement

Dec 8, 2012 — by Jeff Mundy
Tags: Arbitration

Construction dispute was subject to arbitration, when a non-signatory to the contract, sought to obtain benefits arising from the contract.

 


Informed Consent & Medical Malpractice Law

Dec 7, 2012 — by Jeff Mundy
Tags: Medical Malpractice

Failures to disclose what a reasonable patient should know, and what a reasonable care provider would disclose, are both negligence.


Action for Negligently Placing Handcuffs Too Tightly May Proceed

Dec 6, 2012 — by Jeff Mundy
Tags: Civil Rights

The Fort Worth Court of Appeals ruled that an arrestee could pursue an action against a municipality for an officer allegedly negligently putting handcuffs on too tightly. 

The city asserted governmental immunity, which the Court of Appeals rejected.


Texas Public Information Act

Dec 5, 2012 — by Jeff Mundy
Tags: Discovery

The Texas Public Information Act is the Texas state law equivalent to the Freedom of Information Act.  

The TPIA applies to state and local governments in Texas.  The FOIA applies to the federal government and agencies.


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