Litigation

What Happens During A Deposition?

So you are told that your deposition will be taken. What does this mean? What do you need to know? What will happen? First, you need to have a basic understanding of what a deposition is. Simply put, a deposition is a tool for discovering facts and information by asking questions of a person. It is always done in connection with a lawsuit, either pending or potential. (In this...

Claimant Dies Before Settlement – What Happens Now?

Take note: a dead person cannot file a lawsuit. Obvious, you say? Well, apparently obvious is never a barrier to stupidity, so we have a long line of cases where appellate courts have had to clarify that dead people can’t litigate. Here are a few gems. “A deceased person does not have an actual or legal existence and thus cannot bring suit.” “A deceased person cannot, without a personal representative, invoke a court’s...

Why You Should Not Write-off Your Elders

The Statistics Speak For Themselves Before you buy into that stereotype that all older Americans are demented, helpless and lonely, check out these statistics. Ninety-seven percent of Americans  over 65 are NOT in nursing homes.  Here’s an even more interesting statistic - ninety-one percent of Americans aged 85 and older are not in nursing homes. Ninety percent of Americans aged 65 and older DO NOT have Alzheimer’s dementia.  Ninety percent, folks.  According...

Texas Multi-State Family Litigation

It is common that a child custody order will need to be modified years after its initial rendering due to a substantial change in circumstances of the parties or children affected by the order.  So, what happens in today's transient world when the kids no longer reside in the state that rendered the order?  You are forced to enter the world of multi-state family litigation. The key question in multi-state family...
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