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Articles Posted in Asset Division

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Where Have All the Gunslingers Gone?

by Michael Pezzulli1 In the United States, one of the great defining aspects of this country is the constitutional right to a jury trial. Nearly all-civil jury trials and ninety percent of criminal jury trials on the planet take place in the United States.2 The most stunning and successful experiment…

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Personal Property and Real Estate Foreclosure Laws in Texas

By Michael Pezzulli Business and Consumer Litigation Practice Skills Course presented to The State Bar of Texas, June 2016 Texas is extraordinarily lender-friendly when compared to other states. The ease with which a lender can gain title to a borrower’s real estate through nonjudicial foreclosure in Texas is unrivaled. Lenders…

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Presenting Evidence in Texas Litigation: Tactical Use of Discovery and Claims of Privilege As a Sword and a Shield

By Michael Pezzulli and Charles J. Fortunado Advanced Evidence and Discovery: Presented to the State Bar of Texas An uncritical reading of the various opinions dealing with the use of discovery in litigation as “a sword and a shield” might conclude that it cannot be done. Notwithstanding the substantial body…

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We’ll Know It When We See It: Good Cause for Failure to Supplement Discovery Texas Rules of Civil Procedure

By Michael Pezzulli and Charles J. Fortunado How to admit or exclude evidence in Texas litigation when not disclosed to the client in a timely manner: Advanced Evidence and Discovery Course presented to The State Bar of Texas. An uncritical reading of the various opinions dealing with the use of…

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Real Property Deficiency Judgments

by Michael Pezzulli How to defend against and prosecute foreclosures of real property in the State of Texas: 4th Annual Advanced Creditors’ Rights Course presented to The State Bar of Texas This paper will address real property foreclosures and deficiencies under Texas law as compared to other states. Mention is…

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