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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Apr
7
2020
Court Holds That A Deceased Testamentary Trust Beneficiary Can Still Be A Beneficiary Winstead
Jan
31
2020
Court Holds That A Defendant Cannot File A No-Evidence Summary Judgment Based On A Self-Interested Transaction Due To The Presumption Of Unfairness Winstead
Jan
20
2020
Court Holds That A Husband Had No Interest In His Deceased’s Wife’s Real Estate That Was Obtained Via A Gift Deed Winstead
Dec
7
2020
Court Holds That A Trustee Had The Power To Sell Trust Property To An Affiliate, Though Such An Act May Be In Breach Of A Duty Winstead
Jan
27
2021
Court Holds That Allegations Related To A Trustee’s Filing Of Suit Did Fall Under The Protection Of The Texas Citizens Participation Act, That A Trustee’s Actions To Modify Administrative Terms Did Not Trigger An In Terrorem Clause, But That Other Actions Winstead
Sep
11
2023
Court Holds That an Order Was Not Final for Appeal Where There Was Still an Issue of Intestancy Remaining to Be Determined Winstead
Jan
18
2021
Court Holds That Bank Did Not Owe Fiduciary Duties To Depositor/Customer Winstead
Jul
3
2020
Court Holds That Decedent’s Residence Was Homestead That Was Exempt From Claims Against Her Estate Winstead
Mar
12
2020
Court Holds That Devise Of “Personal Property” In A Will Included Tangible And Intangible Property, Including Money In Bank Accounts Winstead
Apr
29
2022
Court Holds That Engineer Does Not Owe Fiduciary Duties To A Non-Client Winstead
Jan
14
2021
Court Holds That Holographic Will Was Not Valid As There Was No Signature Winstead
May
23
2022
Court Holds That Initialing A Will Is Sufficient To Meet The Execution Requirement Winstead
Dec
18
2020
Court Holds That Insurers Do Not Generally Owe Fiduciary Duties To Insureds Winstead
Jan
2
2022
Court Holds That Probate Court Had Jurisdiction Over Inter Vivos Trust Dispute And That A Beneficiary Waived A Complaint About A “No Liability” Order For A Trustee Winstead
Oct
11
2021
Court Holds That Promissory Note Did Not Allow Partial Conversion To Equity Winstead
Jan
14
2021
Court Holds That Purchaser Of Partnership Property Was Not Liable For Aiding And Abetting A General Partner’s Breach Of Fiduciary Duty Winstead
Sep
27
2021
Court Holds That Shareholder Derivative Suit May Proceed Against An Officer Without A Pre-Suit Demand Where The Case Involved A Closely-Held Corporation Winstead
Oct
22
2021
Court Holds That Trust Owned Mineral Interests And Not The Settlor’s Wife Winstead
Mar
4
2022
Court Holds That Trust Was Not Ambiguous and Provided the Trustee Discretion in Making Income Distributions Winstead
Nov
15
2022
Court Holds That Trustee Who Engaged In Self-Interested Transactions Did Not Have Standing To Challenge Guardianship Proceeding Involving The Beneficiary Winstead
Dec
18
2020
Court Holds That Venue For Suit Over Royalties By A Trustee Was Proper Due To Statutory Venue Provision Even Though The Suit Did Not Pertain To The Trust Winstead
Mar
11
2019
Court Lacks Authority To Order Buyout Of Foreign Entities Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
15
2023
Court Of Appeals Affirmed Findings of Breach of Fiduciary Duty Against Wife in Divorce Proceeding Winstead
Jun
24
2020
Court of Chancery Hesitates to Dismiss Lawsuit, Stays Litigation Pending Texas Lawsuit K&L Gates
May
10
2021
Court Properly Admitted A Will To Probate Where The Evidence Did Not Establish Mental Incompetence Or Undue Influence As A Matter Of Law Winstead
Nov
14
2022
Court Refused Mandamus Relief Due To Party’s Failure To Ask Trial Court To Issue New Special Needs Trust Winstead
Jun
14
2020
Court Rejected A Trustee’s Objection To Personal Jurisdiction In His Individual Capacity But Affirmed The Objection In His Capacity As Trustee Winstead
Aug
24
2020
Court Reversed Breach Of Fiduciary Duty Judgment Due To A Lack Of Damages Winstead
Feb
14
2021
Court Reversed Jury Trial And Determined That Settlement Agreement Dividing Real Property Owned By Trusts Was Not Ambiguous Winstead
Aug
6
2022
Court Reversed Order Admitting a Will to Probate as a Muniment of Title Due to the Statute of Limitations Winstead
Apr
22
2022
Court Reversed Order Appointing Temporary Administrator Due To A Lack Of A Bond Winstead
Feb
14
2022
Court Reversed Summary Judgment Against Trustee Where Beneficiary’s Affidavit Evidence Was Conclusory Winstead
Oct
2
2023
Court Reversed Summary Judgment And Held That There Was A Fact Issue On Whether The Testator Had Mental Capacity To Execute A Will Winstead
Jun
9
2021
Court Reversed Temporary Injunction Against Co-Trustees Winstead
May
1
2023
Court Reversed the Appointment of a Successor Independent Administrator of an Estate Winstead
 

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