Dorsaneo and Chandler's Texas Claims & Defenses
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This publication is a companion to and is derived from Dorsaneo, Texas Litigation Guide (Matthew Bender). It examines the major civil causes of action that may be brought in Texas courts of general jurisdiction, as well as the defenses to those claims.
The first part of the publication deals with certain general or repetitive aspects of Texas civil actions, such as: (1) the plaintiff’s petition, including the formal elements of claims, and the basis and requirements for a claim to attorney’s fees, exemplary damages, and injunctive relief; and (2) the defendant’s answer, including standard pleas and defenses, proportionate responsibility, and contribution and indemnity. Sample forms for the plaintiff’s petition and the defendant’s answer are provided.
The succeeding parts of the publication then briefly identify or summarize the claims and defenses that are most commonly encountered and discussed in Texas civil actions in the following areas of the law: (1) business entity and employment litigation; (2) commercial litigation; (3) real estate litigation; and (4) personal injury litigation.
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Table of contents
Ch. 1, Plaintiff’s Petition
Ch. 2, Defendants Answer
PART II. BUSINESS ENTITY AND EMPLOYMENT LITIGATION
A. CORPORATE MANAGEMENT
Ch. 3, Claim by Corporation for Breach of Duty by Director or Officer
Ch. 4, Corporate Directors’ Statutory Claim for Contribution for Improper Distribution
Ch. 5, Shareholders’ Claim to Enjoin or Set Aside Ultra Vires Act
Ch. 6, Shareholder Derivative Actions
Ch. 7, Dissenters’ Rights
Ch. 8, Corporate Books and Records
Ch. 9, Close Corporations; Enforcement of Close Corporation Provision
Ch. 10, Disregard of Corporate Entity
Ch. 11, Issuance and Transfer of Shares
Ch. 12, Statutory Securities Fraud Claims
B. PARTNERSHIP AND OTHER BUSINESS ENTITY MANAGEMENT
Ch. 13, Partners’ Liability for Breach of Duty
Ch. 14, Management and Dissolution of Partnership
Ch. 15, Limited Partnerships
Ch. 16, Limited Liability Companies
Ch. 17, Unincorporated Associations
C. OTHER BUSINESS ENTITY LITIGATION
Ch. 18, Trade Secrets and Trademarks
Ch. 19, Texas Antitrust Law
Ch. 20, Covenants Not to Compete
Ch. 21, Tortious Interference with Business Relations
D. EMPLOYMENT-RELATED LITIGATION
Ch. 22, Employment Discrimination Under Texas Commission on Human Rights Act
Ch. 23, Sexual Harassment Under Texas Commission on Human Rights Act
PART III. COMMERCIAL LITIGATION
A. CONTRACTS AND SALES OF GOODS AND SERVICES
Ch. 24, Breach of Express Contract
Ch. 25, Sale of Goods
Ch. 26, Service Contracts
Ch. 27, Personal Property Leases
Ch. 28, Additional Commercial Claims in Sales Context
B. CONSUMER PROTECTION CLAIMS
Ch. 29, Deceptive or Improper Trade or Business Practices
Ch. 30, Express and Implied Warranties
C. CLAIMS RELATED TO FINANCING AND COLLECTIONS
Ch. 31, Negotiable Instruments and Guarantees
Ch. 32, Credit and Financing
Ch. 33, Foreclosure of Security Interests
Ch. 34, Fraudulent Transfers Under Texas Uniform Fraudulent Transfer Act (TUFTA)
Ch. 35, Unfair Collection Practices
PART IV. REAL ESTATE LITIGATION
Ch. 36, Actions Affecting Title to Real Estate
Ch. 37, Actions Involving Real Estate Professionals
Ch. 38, Real Property Security Interests
Ch. 39, Actions Involving Government Entities
Ch. 40, Construction Contracts; Improvement of Realty
Ch. 41, Actions Involving Use of Property; Encroachments
Ch. 42, Easements
Ch. 43, Landlord and Tenant
Ch. 44, Oil and Gas Leases
Ch. 45, Partition
PART V. PERSONAL INJURY LITIGATION
A. TRADITIONAL TORT CLAIMS
Ch. 46, Negligence Claims
Ch. 47, Survival and Wrongful Death Actions
Ch. 48, Texas Tort Claims Act; Claims Against Government Entities
Ch. 49, Premises Liability
Ch. 50, Nuisance
Ch. 51, Products Liability
Ch. 52, Malpractice Liability
Ch. 53, Liability of Commercial Provider of Alcohol
Ch. 54, Insurance for Tort Liability
B. INTENTIONAL TORT CLAIMS
Ch. 55, Assault and Battery
Ch. 56, False Imprisonment
Ch. 57, Malicious Prosecution; Abuse of Process
Ch. 58, Defamation; Libel and Slander
Ch. 59, Conversion
Ch. 60, Fraud
Ch. 61, Intentional Infliction of Emotional Distress