Texas General Practice Legal Questions

Your ex can ask for anything he wants, but nothing you've written in your question would give him the right to take the phone back, whether he gave it to you as a gift or in settlement for having damaged your old phone.  Of course, he may have his own story.  For example, he may claim that he only gave you the phone to use while the two of you were together, or that you failed to do something that you were supposed to do in return for the phone, for example pay for it in installments.  If he does claim something at odds with what you've written, there is no guarantee that a judge or jury will not believe his story over yours.... Read More

I'm not sure about whether YOU would have to pay the bills under Texas law (in NY, they would probably be considered "necessaries" for which the patient's spouse is liable), but your wife's estate is responsible for them which, if you are the sole heir of your wife's estate, amounts to the same thing.  Before any property can pass from your wife's estate to her beneficiaries, her creditors have to be paid off the top.... Read More

If the landlord had decided to rent the apartment to someone else for more money, would you not have claimed that it had breached the terms of your holding deposit agreement?  WIthout knowing the exact terms of the contract you entered into, it seems as if you paid the landlord a certain amount to "hold" the apartment and not rent to anyone else, and it complied with the agreement.  You have to live up to your end as well.  Otherwise, what is the purpose of the holding deposit?  As far as the fact that the apartment wasn't ready when it was supposed to be, you lost nothing from that since you didn't want to move in anyway, so I don't think it is a basis to renege on the holding agreement. ... Read More

Freedom of speech is a misnomer.  The Constitution doesn't guarantee you free speech, it prevents THE GOVERNMENT from infringing your right to free speech.  That doesn't mean your (private) employer, your school (if it's a private school), your landlord, etc. can't restrict your speech.  If you attend a private school which doesn't accept government funds, it is not required to enroll you, and absolutely has the right to condition your attendance on, for example, not proselytizing, not using profanity, not disparaging the school, etc., on school grounds.  Also, if you are a minor, you have less constitutional rights than an adult to begin with. ... Read More

These are obviously difficult situations. The law supplies some causes of action against the contractor after the fact, but no real safeguards in the prevention. In short, the subcontractor may be able to place a lien on your home. More information is needed pertaining to your exact situation before offering any likelihoods.... Read More

I couldn't handle the matter because I live and work in NY, but I just wanted to let you know that, since your mother has Alzheimers, she may not have been competent to grant you a power of attorney.  You may have to bring a guardianship proceeding to get authority to act on her behalf, including to sue your dishonest family member.  I assume that this family member took advantage of your mother's diminished mental acuity.  It will be difficult, although not impossible, for you to argue that your mother lacked capacity to consent to giving this person money, but had the capacity to give you a power of attorney.... Read More

No.  Or more accurately, you can sue, but you have no claim, particularly for breach of contract (you had no contract with your son in law.)  Your daughter, who is a party to the action, might theoretically be able to sue your son in law for abuse of process, but it doesn't sound as if his actions are sufficiently egregious that there would be any merit to her claim.  If your son in law has really delayed matters, the court can impose monetary sanctions against him.... Read More

Did the parent make any statement of fact which was derogatory and which she knew to be untrue?  Did that statement or statements damage you?  I can't tell from your question exactly what the parent said, but if she stated a fact (i.e. "this teacher is only 22 and has never traveled abroad"), and her opinion (i.e. "the teacher is too young and inexperienced to chaperone our children"), she has not defamed you.  If, on the other hand, she made a representation of fact which she knew to be false (e.g. "I have seen the teacher asleep in the classroom on more than one occasion"), she may have defamed you.  On top of that, in order to be actionable, any defamatory statement has to either be of a type which is considered slander per se (one type would be a statement which disparages your ability to do your job, so this may qualify) or you have to be able to show that the statement or statements caused you actual monetary damages (for example, if the defamatory statements caused the school to fire you.)... Read More