Author: Amy Gustafson

  • What if I just don’t open the door?

    When someone files a lawsuit against you in Texas, the law requires that you be officially notified—this is called “service of process.” Usually, this means a sheriff, constable, or process server hands you the legal papers in person. Some people try to avoid being served, thinking this will stop the lawsuit. However, Texas law has Read more

  • Texas Removes American Bar Association Accreditation Requirements

    In early January 2026, the Texas Supreme Court finalized amendments to Rule 1 of the Rules Governing Admission to the Bar of Texas, formally ending the ABA’s role in accrediting law schools for Texas bar eligibility. The Court’s order transfers the power to determine which law schools meet the standards for licensure from the ABA Read more

  • When the lights go out in Texas

    Texas law allows residents to bring lawsuits against utility companies for damages resulting from power outages, but the scope of such suits is tightly constrained. Regulatory tariffs approved by the Public Utility Commission of Texas (PUC) generally limit utility liability for ordinary negligence, and courts have consistently enforced these limitations, allowing exceptions only for gross Read more

  • Commonly Litigated Provisions in Texas Employment Contracts

    The most commonly litigated clauses in Texas employment contracts are covenants not to compete (noncompete agreements), non-solicitation and confidentiality provisions, arbitration clauses, and terms relating to at-will employment and termination. The key legal issues center on statutory enforceability requirements, reasonableness of restrictions, consideration, judicial reformation, preemption of common law, and the limits of contractual modification Read more

  • Sticks and Stones . . . But can I sue?

    In Texas, you may sue someone for defamation if they make a false, factual statement about you to a third party that damages your reputation. The law distinguishes between libel (written or graphic defamation) and slander (spoken defamation), and requires that the statement be more than a mere opinion or insult—it must be objectively verifiable Read more

  • Update to the Texas Deceptive Trade Practices Act

    In late 2025, the Texas Deceptive Trade Practices Act (“DTPA”) was updated through cross-referenced legislation to address the growing issue of AI-generated intimate visual material distributed online. The new provisions make it a deceptive trade practice, actionable under the DTPA, for owners of internet websites or applications to fail to promptly remove such material upon Read more

  • The Texas App Store Accountability Act

    The Texas App Store Accountability Act establishes a regulatory framework for mobile app stores and developers, requiring them to verify user ages, obtain parental consent for minors’ app downloads and purchases, limit and protect personal data, and provide clear disclosures about app content and age ratings. The Act applies to app stores distributing software to Read more

  • Fraud as a Cause of Action in Texas

    Not every false statement amounts to fraud in the manner understood by Texas law. Fraud can arise in various contexts, most notably as common-law fraud (general fraud), fraudulent inducement (fraud in forming contracts), statutory fraud in real estate and stock transactions, and fraudulent transfers (usually in debtor-creditor situations). Each type has its own set of Read more

  • Texas Justice of the Peace Courts

    Justice of the Peace courts are the lowest level of trial courts in Texas. They are sometimes called “JP courts.” Each county in Texas has at least one JP court, and larger counties have several. The judge in a JP court is called a Justice of the Peace. Need legal advice? Having trouble finding answers Read more

  • The Right to Cancel Certain Contracts in Texas

    In Texas, the three-day right to cancel (cooling-off period) generally applies to consumer transactions resulting from personal solicitation at a location other than the merchant’s place of business—commonly known as “home solicitation sales”—as well as certain contracts for the sale of manufactured homes and some home improvement contracts. Tex. Bus. & Com. Code §§ 601.001 Read more