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Covenant Not to Compete - Attorney's Fees

May 6, 2013 — by Jeff Mundy
Tags: Contract Law Commercial Litigation Covenant Not To Compete

In the context of a personal-services agreement, attorney's fees may be awarded to a promisor who satisfies certain evidentiary requirements in defending against enforcement of an unreasonable covenant.

Franlink Inc. v. GJMS, (Tex. App. - Houston [14th Dist.] )


First Right of Refusal - Real Estate & Contract Law

May 2, 2013 — by Jeff Mundy
Tags: Contract Law Commercial Litigation Real Estate

A right of first refusal is essentially a dormant option. It requires the owner, before selling the property to another, to offer the property to the rightholder on the same terms or conditions specified in the offer by or to a bona fide purchaser.  The property owner has an initial duty to make a reasonable disclosure of the offer's terms.  When the property owner expresses its intention to sell, the rightholder must, in compliance with the terms of the right, elect to either purchase the property or decline to purchase it and allow the owner to sell it to another.

Jarvis v. Peltier, (Tex. App. - Tyler, 2013)


Franchise Dispute - Gold's Gym

Apr 29, 2013 — by Jeff Mundy
Tags: Contract Law Commercial Litigation Settlement Agreement

To prevail on a breach-of-contract claim, it must be proven that (1) a valid contract between plaintiff and defendant existed, (2) the plaintiff performed or tendered performance, (3) the defendant breached the contract, and (4) the plaintiff sustained damages as a result of the breach.

Gold's Gym Franchising v. Brewer (Tex. App. - Dallas, 2013)


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.


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