Texas

The state of Texas is the second largest in the US by area, and population. With nearly 270,000 sq.miles in area, and over 28 million residents living in the state, the south-central state shares borders with Louisiana, Arkansas, New Mexico, and Oklahoma. It is also bordered by Mexican states and the Gulf of Mexico. Houston is the state’s most populous city and 4th most populous city in the country. It was admitted as the 28th state into the union on December 29, 1845.

Texas’ economy was driven by four-prominent industries prior to WWII including cattling, timber, oil, and cotton. The discovery of oil deposits in the state led to the economic boom and was the main driving force in the state throughout the 20th century. Since 2002 Texas has been the leading state in the US in exports, and maintains the second highest GDP in the nation. Today the state is a leading producer in oil, is one of the leading states in government jobs in the tech industry, and has one of the largest economies throughout the US and worldwide.

The government of Texas was set up by the Texas Constitution, and consists of a unitary democratic state government operating under a presidential system that uses the Dillon Rule, as well as governments at the county and municipal levels.  The Dillon Rule is  a legal principle that local governments have limited authority, and can pass ordinances only in areas where they have been granted authority by the larger state government.  The executive branch of the Texas state government includes the Governor, Lieutenant Governor, Comptroller of Public Accounts, Land Commissioner, Attorney General, Agriculture Commissioner, the three-member Texas Railroad Commission, the State Board of Education, and the Secretary of State.   The system in Texas limits the power of the Governor, as each executive branch member (with the exception of the Secretary of State) are elected independently.

Much like the federal government, the legislature of Texas has two houses-the Texas House of Representatives and the Senate.  Again, like the federal government, the Speaker of the House leads the House of Representatives, and the Lieutenant Governor leads the Senate. 

Texas boasts one of the most complicated judicial systems in the country.  The system is described in Article 5 of the Texas Constitution and is further defined by statute, in particular the Texas Government Code and the Texas Probate Code.  The system is complicated by multiple levels and overlapping jurisdictions, with different courts often sharing courthouses.  The court levels are: The Supreme Court, Court of Criminal Appeals, Courts of Appeals, District Courts, Probate Courts, Constitutional County Courts, Statutory County Courts at Law, Municipal Courts and the Justice of the Peace Courts.

The National Law Review covers several stories from the state of Texas and the 5th Circuit Court of Appeals. Cases and stories related to telemedicine and healthcare in the state, data and cybersecurity laws, labor and employment laws, paid sick leave, insurance law, bankruptcy and tax cases, are among the different areas of law visitors will find, as they relate to Texas, on the National Law Review site.

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Mar
14
2021
Court Affirmed Trial Court’s Reformation Of A Will To Omit The Word “Personal” From The Term “Property” In A Residuary Clause Winstead
Nov
19
2021
Court Affirms Decision That Executor Applicant Was Unsuitable For That Position Winstead
Jun
4
2020
Court Affirms Default Judgment Against A Foreign Corporate Fiduciary Because Service Was Proper Under The Texas Estates Code Winstead
Sep
6
2023
Court Affirms Finding Of An Oral Trust And Breach Of Duty By The Trustee Winstead
Jan
30
2023
Court Affirms Judgment In Divorce Proceeding That Property Was Community Even Though It Was Purchased With Trust Assets Winstead
May
15
2023
Court Affirms Order Holding That Party Had Mental Capacity To Execute Contracts Regarding The Sale Of Real Property Winstead
Aug
27
2023
Court Affirms Order Voiding Marriage Between Decedent And His Niece Winstead
Apr
22
2022
Court Affirms Orders Against A Trustee Granting Injunctive Relief And Appointing A Receiver Winstead
Oct
10
2023
Court Affirms Receivership In Trust Case Based Solely On An Alleged Failure To Disclose And Did Not Require Traditional Equitable Requirements For Receivership Relief Winstead
Oct
16
2020
Court Affirms The Equitable Forfeiture Of A Manager’s Partnership Interest Due To Breach Of Fiduciary Duty And Discussed Interesting Jury Instruction Issues Winstead
Aug
6
2022
Court Construed a Will to Provide That Mineral Interests Were Devised to the Surviving Daughter’s Family and to Cut Out a Predeceased Daughter’s Family Winstead
Feb
21
2023
Court Construes A Trust To Allow A Trustee To Sell Real Estate And To Consider The Proceeds As Principal Of The Trust Winstead
Oct
23
2020
Court Correctly Dismisses Breach Of Fiduciary Duty Suit Against Employee For Reporting Owner’s Criminal Behavior Winstead
Aug
8
2018
Court denies motion for reconsideration filed by plaintiffs in industry lawsuit challenging CFPB payday loan rule Ballard Spahr LLP
Jun
21
2018
Court Denies TRO against Data Scraper That Accessed Private Database via Registered Accounts Proskauer Rose LLP
May
15
2023
Court Discusses Holding An Executor In Contempt For Commingling Property Winstead
Nov
2
2020
Court Dismissed Appeal By Pro Se Individual Who Could Not Represent An Estate Winstead
Apr
28
2020
Court Dismissed Appeal From Order Denying Motion To Remove Executor Because Attorney’s Fees Claim Was Still Unresolved Winstead
Nov
19
2019
Court Enforces Arbitration Agreement Incorporated Into “Notice to Employees” Carlton Fields
Apr
11
2021
Court Finds That Party Lacked Standing In A Probate Proceeding Where She Was Not An Informal Spouse Winstead
Jan
30
2023
Court Granted Mandamus Relief To Order District Court To Abate Trust Dispute Due To Earlier Filed Suit In Probate Court Winstead
Aug
24
2020
Court Granted Mandamus Relief To Reverse A Probate Court’s Order Transferring A Case To A District Court Winstead
Jun
14
2023
Court Granted Mandamus Relief To Vacate A Temporary Restraining Order In A Fiduciary Case Winstead
Oct
8
2020
Court Had Jurisdiction To Declare That The Majority Of Co-Trustees Had The Authority To Sell Trust Property And The Declaration Was Proper Winstead
Apr
13
2022
Court Held That A Beneficiary’s Claims Against The Estate Of The Trustee Was Not Barred By Limitations Winstead
Feb
11
2024
Court Held That A Trust Terminated Upon The Primary Beneficiary’s Death And That The Trustee Did Not Have Authority To Accept New Assets As A Part Of Its “Winding Up” Authority Winstead
Feb
5
2021
Court Held That An Heir Of An Estate Who Released All Claims Against The Estate Via A Settlement Agreement No Longer Had Standing To Bring Suit Winstead
Mar
6
2024
Court Held That Deed For Common Area To Homeowners’ Association Did Not Create A Trust For The Members Winstead
Aug
14
2020
Court Held That Manager Owed Limited Liability Company Fiduciary Duties And That A Derivative Action Could Still Be Pursued After The Company Dissolved Winstead
May
13
2020
Court Held That Statutory Probate Court Had Jurisdiction To Grant A Rule 202 Pre-Suit Deposition Winstead
May
13
2020
Court Held That Statutory Probate Court Had Jurisdiction To Grant A Rule 202 Pre-Suit Deposition Winstead
Feb
14
2022
Court Held That The Estate Planning Privity Rule Barred Granddaughter’s Claim For Malpractice Against Her Grandmother’s Attorneys Regarding The Failure To Execute A New Will Winstead
Feb
5
2021
Court Held That The Issue Of Who Was Included In The Class Of Descendants Was Not Ripe Until The Current Beneficiary Dies Winstead
Dec
1
2023
Court Held That The TCPA Does Not Apply To Claim Involving Texas Trust Code Section 113.28 And Suits Against Third Parties Winstead
Jan
4
2021
Court Held That The Term “Spouse” In A Trust Meant The Primary Beneficiary’s Wife At The Time Of The Trust’s Execution And Not A Subsequent Wife Winstead
 

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