The Texas Citizens Participation Act (TCPA) commonly known as Texas’ Anti-SLAPP Statute, found in Chapter 27 of the Texas Civil Practice and Remedies Code, functions as a constitutional safeguard that protects the rights of persons to petition, speak freely, associate freely, and otherwise participate in government to the maximum extent permitted by law. TCPA allows defendants to file a motion to dismiss (within 60 days of being served) alleging that the causes of action asserted against them are based on the defendants’ exercise of his/her First Amendment rights. A TCPA motion to dismiss stays discovery automatically while a decision from the court is pending.
Tag: court
Does a Divorce Have an Impact on my Case/Settlement Proceeds?
During a divorce you and your former spouse are dividing property and assets, but what if you also have a court case? Do you have to divide any of your case proceeds or settlement? Determining if a divorce will impact your case or settlement proceeds begins with determining whether you live in a community property state or non-community property state. Whether your state is a community property or a non-community property state determines how a court will characterize property in the event of divorce.
Continue reading “Does a Divorce Have an Impact on my Case/Settlement Proceeds?”
The Difference Between Filing a Personal Injury Suit in State Versus Federal Court
When filing a personal injury lawsuit, attorneys are sometimes, depending on the state citizenship of the parties, presented with the question of whether filing in state or federal court is more advantageous for their client. While state and federal courts have many similarities, the distinctions between the two may become the difference between winning or losing a case. Prior to filing a suit, an attorney should consider the structure of both court systems, the similarities, and differences between the two, and the perceived advantages and disadvantages of filing your personal injury case in either.
Amendments to the Texas Rules of Civil Procedure
The new year brought many changes to Texas litigation. We helped summarize amendments to the Texas Rules of Civil Procedure that you need to keep in mind during the civil procedure process.
Continue reading “Amendments to the Texas Rules of Civil Procedure”
What Court Will My Case Be in and Why?
Frequently Asked Questions:
What Court Will My Case Be in and Why?
In the United States, there are essentially two different justice systems for resolving personal injury lawsuits and other types of civil lawsuits.
There are federal courts, which are primarily created by the United States Constitution (though some specialty courts, like Bankruptcy Courts are created by the other branches of government). There are also state courts, which are principally created by state governments.
Determining which system will decide a civil suit — which is a question of which court system has jurisdiction — depends upon the answers to a couple of questions.*
