Blogs2019-11-21T22:51:28+00:00

Hurricane Harvey Victims Beware:

Please submit your claims for damages associated with Hurricane Harvey this week, before September 1, 2017. New legislation is going into effect on September 1, 2017 which will greatly reduce penalties insurers pay for delaying or denying claims. The bill is named the “Hailstorm Bill”. It reduces the penalty insurers face for wrongfully delaying or denying claims for “forces of nature” claims from 18% to around 10%. The new legislation as well has a provision which requires a 60 day notice prior to suing. It is believed that claims filed before Friday will be dealt with much more promptly because the claims filed this week will not be subject to the new law. From reading the legislation it should [...]

By |November 21st, 2019|Categories: Business Law, Construction Law, Personal Injury|0 Comments

What Our Customers are Saying About Us

At The Kelly Legal Group PLLC, we’re proud of the work that we do. But, instead of telling you why our customers love us, we’ll let them do the talking! Here’s what some of our customers are saying about us lately: ★★★★★ “Jeff Kelly is representing me in a real estate dispute. Jeff has a great mind for the law, and when I read the petition he wrote, I nearly fell over. It was the scariest, smartest, most well-documented argument I’ve ever seen! OK, I haven’t seen that many petitions but Jeff really nailed it - to the last detail. There are considerable complexities in the chronology of the case, and Jeff led me through the [...]

Ocwen told to stop

Ocwen Financial Corp. the mortgage servicer was recently hit with 20 states issuing cease-and-desist orders. The Consumer Financial Protection Bureau soon followed with a lawsuit. The orders demanded that Ocwen not acquire any new servicing rights and residential mortgages until such time as the company can prove that it is financial viable and it justifies its collection and calculation procedures associated with consumer fraud. Ocwen signed a Memorandum of Understand promising it would turn over certain documents. After Ocwen failed to do so regulators found that Ocwen was still operating outside regulations. “Ocwen has engaged in, is engaging in, or is about to engage in acts or practices which warrant the belief that the [...]

By |November 21st, 2019|Categories: Uncategorized|0 Comments

Announcing the new website

We are delighted to announce the launch of our new website! Our new website provides our existing and prospective clients with a simple yet interactive view of our work and the services that we offer. Stay tuned to our blog for new ideas! Sign up here so you never miss an update. For any inquiries and feedback, please call us at (512) 505 0053

Free Expression Limitations on Liability

Exception for News and Commentary You generally cannot be held liable for using someone's name, likeness, or other personal attributes in connection with reporting or commenting on matters of public interest. Many courts view this as a constitutional privilege based on the First Amendment, and some states have statutes explicitly exempting news reporting and commentary on public issues from liability. It is not always easy to determine what will qualify as news or legitimate commentary, especially on the Internet. But the courts traditionally have taken an extremely broad view of "news" and "commentary" -- it encompasses any reporting or commenting on current events or social issues, "soft news" which is of primarily entertainment value, [...]

By |November 21st, 2019|Categories: Uncategorized|0 Comments

Foreclosure Defense in May 2014

Pending in the United States Court of Appeals for the Fifth Circuit is a case of major importance as far as foreclosure defense cases go. The case is styled Arnold v Bank of America, N.A. et al Cause No. 13-40649. The reason the case is of such importance is the fact that the case may broaden the requirements of what a foreclosing party must prove to move forward with foreclosure. Traditionally, lender attorney’s in Texas have attempted to make the general public and courts believe that all the foreclosing party must do is meet the requirements of the Texas Property Code §51.002, this is just not the case. What has been argued in this [...]

By |November 21st, 2019|Categories: Uncategorized|0 Comments

Experienced Criminal Defense Attorneys Guide You

Experienced criminal defense attorneys guide you When you find yourself facing a criminal charge, you need an attorney who is equipped to handle whatever comes as your case works its way through the criminal justice system. An experienced criminal defense attorney who has an impressive background, handling a variety of cases, can advise you well and help you find the best solution. Steps in the criminal defense case process: Pre-Trial and trial Most defendants would prefer to avoid a trial altogether, and an experienced defense attorney can often argue that a case should be dismissed before it even reaches a courtroom. In the absence of a dismissal, a favorable plea bargain can often be [...]

By |November 21st, 2019|Categories: Uncategorized|0 Comments

Facts on Personal Injury and Medical Malpractice Lawsuits in Texas

In Texas, as in all states, there is a statute of limitations for personal injury cases. For Texas a person has two years from the date of the injury to file a lawsuit pursuant to Tex. Civ. Prac. & Rem. Code, Title 2 section 16.003. It is not uncommon for the person or business that you are filing a claim against fight back claiming that you are actually to blame for the incident and in some cases the fault may be shared between the parties involved. Texas follows a “modified comparative negligence rule” for fault shared cases. The rule means that the amount of compensation you receive will be reduced by an amount that [...]

By |November 21st, 2019|Categories: Uncategorized|0 Comments

Michaels vs Internet Entm’t Group

The right of publicity is the right of a person to control and make money from the commercial use of his or her identity. A plaintiff that sues you for interfering with that right generally must show that you used his or her name or likeness for a commercial purpose. This ordinarily means using the plaintiff's name or likeness in advertising or promoting your goods or services, or placing the plaintiff's name or likeness on or in products or services you sell to the public. Therefore, it is a bad idea to create an advertisement suggesting that a celebrity -- or anyone for that matter -- endorses your website or blog. It is equally [...]

By |November 21st, 2019|Categories: Uncategorized|0 Comments

What is a Real Estate Attorney?

For many people who are unaware about what a real estate attorney really is and what he or she does; a real estate attorney is a lawyer who deals with all sorts of problems that are related to real estate. Many people find a great deal of issues when it comes to matters of land and property, and it becomes quite a problem for them if they are unable to get resolved. For instance, many people who allow others to live in their real estate properties are victims of land grabbing, as their tenants fail to pay the debt and then often refuse to get out of the house. Other issues that might arise [...]

By |November 21st, 2019|Categories: Uncategorized|0 Comments