The Texas legislature made numerous changes to state laws in the estate planning area including to statutory provisions that govern wills, trusts, probate, and financial powers of attorney. One substantive change to the Durable Power of Attorney Act limits the scope of the fiduciary duties owed by the appointed agent to his principal (person granting the power) under a financial power of attorney.
Continue Reading Texas Durable Power of Attorney Act Amended to Limit Agency Liability
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Texas Supreme Court Dismisses Libel Claim Filed Against Citizen for Facebook Posting
In 2011, the Texas legislature passed a bill that provides an expedited dismissal remedy to citizens who are wrongfully sued for speaking out about matters of public concern regarding the government or a business. Testimony in support of the bill showed that SLAPP suits — strategic lawsuits against public participation — were often filed against these citizens to chill public debate. Apparently, this was becoming more pervasive in the age of the internet. The bill that was passed is now Texas Civil Practice & Remedies Code Chapter 27, known as the Texas Citizens Participation Act. Defendants who are successful under the Act are not only entitled to a dismissal of the claim for defamation but they are also entitled to recover costs and attorney fees.
Continue Reading Texas Supreme Court Dismisses Libel Claim Filed Against Citizen for Facebook Posting
TX Supreme Court Holds No Tortious Interference with Inheritance Cause of Action
On May 26, 2017, the Texas Supreme Court refused to recognize the existence of a cause of action for tortious interference with inheritance rights. Kinsel v Lindsey, 15-0403, 2017 WL 2324392 (Tex. May 26, 2017). Many Texas courts have long considered this to be a viable cause of action since the 1987 decision of …
New Insurance Bill – Storm Loss Claims
New Insurance Bill – Storm Loss Claims
On May 19, 2017, a bill was sent by the Texas legislature to the Governor for signature relating to claims for storm loss property damage. This bill was passed to curb alleged lawsuit abuses for property damages caused by severe storms. According to House Research Organization Bill Analysis,…