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Statute of Limitations › Texas

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Oliva Gibbs

A river ran through it: State v. Riemer and what happens to the mineral rights when the water runs dry

Oliva Gibbs on

Lake Meredith is a reservoir located about 30 miles northeast of Amarillo in the Texas Panhandle. It was formed when the State of Texas built the Sanford Dam on the Canadian River in 1965. When the dam was completed the...more

Gray Reed

Limitations and Standing to Sue Dry Up Landowners’ Claim to Texas Riverbed

Gray Reed on

State of Texas. V. Reimer et al. studied lawyer-nerdy questions of standing to bring a lawsuit and statutes of limitations as applied to inverse condemnation suits.  Spoiler alert: To the chagrin of the landowners, waiting...more

Zelle LLP

Court Grants Insurer’s Motion for Summary Judgment on Nearly All of Insureds’ Causes of Action

Zelle LLP on

Schnatzmeyer v. State Farm Ins. Co., No. 3:23-CV-02820-K, 2025 WL 1697505, at *1 (N.D. Tex. June 17, 2025). In a case involving two overlapping freeze claims—and a substantial array of legal issues affecting insurers in...more

White and Williams LLP

Out of Sight, Out of Mind: Texas Court Finds Construction Defect Claims Were Inherently Undiscoverable, Tolls Statute of...

White and Williams LLP on

In Morningside Ministries v. Koontz McCombs Construction, Ltd., No. 08:23-00332-cv, 2025 Tex. App. Lexis 3584 (Morningside), the Court of Appeals of Texas (Court of Appeals) considered whether the plaintiff’s construction...more

McGinnis Lochridge

Are Statute of Limitations Battles Becoming the New Frontline in Water Injection Cases?

McGinnis Lochridge on

When your neighbor's wastewater tanks your oil wells, when exactly can you sue? A Texas court wrestles with a timing question reshaping industry battles....more

Fishman Haygood LLP

Supreme Court of Texas Holds that Its Anti-Barratry Laws Do Not Apply to Conduct in Other States

Fishman Haygood LLP on

On May 9, 2025, the Supreme Court of Texas reversed an appellate court’s decision in Pohl v. Cheatham. The case involves two Texas-based attorneys, Michael Pohl and Robert Ammons, who solicited out-of-state clients with...more

Hendershot Cowart P.C.

How Long Does a Judgment Last in Texas?

Hendershot Cowart P.C. on

If you've won a lawsuit and obtained a money judgment in Texas, how long do you have to collect this debt? The short answer is 10 years. However, Texas judgments don't simply expire after a set period. They follow a...more

McGinnis Lochridge

Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

McGinnis Lochridge on

Under Van Dyke, deeds with double-fraction royalty reservations referencing “1/8” are presumed to reserve a floating royalty interest unless clearly contradicted. Defenses like waiver, ratification, and limitations cannot...more

Hendershot Cowart P.C.

Enforcing Out-of-State and Foreign Judgments in Texas

Hendershot Cowart P.C. on

You won your case, but how do you enforce the judgment, especially if the debtor’s assets are in another state? To collect in Texas, you need a judgment that’s valid in Texas. If your judgment is from out of state — a foreign...more

Schwabe, Williamson & Wyatt PC

Supreme Court Opinions Overturn Chevron and Modify the Statute of Limitations Allowed by Lower Courts

Schwabe, Williamson & Wyatt PC on

On June 28, the Supreme Court handed down Loper Bright Enterprises v. Raimondo, which overturned the prior Supreme Court precedent, articulated in Chevron v. Natural Resource Defense Council, Inc. and known as “the Chevron...more

Butler Snow LLP

Why Exercise is Important to a Healthy Legal Diet: Texas’s Discovery Rule will not save a party owed a fiduciary duty if it does...

Butler Snow LLP on

In Texas, the Discovery Rule defers accrual of a cause of action, and thus delays the running of the statute of limitations, until a party knows or, if exercising reasonable diligence, should have known about the facts that...more

White and Williams LLP

Hold on Just One Second: Texas Clarifies Starting Point for Negligence Statute of Limitations

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In construction or similar ongoing projects, problems often pop up. Sometimes they can pop up again and again. Making things even more complicated, one problem may affect another, seemingly new problem. When these...more

Fisher Phillips

Top 5 New Workplace Laws Passed by Texas Lawmakers in 2021

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The Texas legislature had a jam-packed legislative session over the summer that will end up having a profound impact on workplace law in Texas. Among the most significant new laws that passed and took effect were measures...more

Husch Blackwell LLP

#Y’allToo: Texas Expands Protections For Employee Sexual Harassment

Husch Blackwell LLP on

Millions of women (and men) across Texas could be impacted by a new law that took effect on September 1 – but not the one you likely have in mind. In an unexpected move from a typically very pro-business state, the Texas...more

McDermott Will & Schulte

COVID-19 Impact on Statutes of Limitations and Timing for Other Filings

McDermott Will & Schulte on

To help potential litigants evaluate how various executive orders may impact their filing deadlines, we examine executive orders in New York, and other select states, tolling the statute of limitations. This article also...more

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