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Cynical Texas Law

The blog

Cynical notes on statutes, procedure, and the stories lawyers tell themselves.

These posts are samples of what comes out of Texas Law Bot, which sits on thousands of pages of Texas law. A lawyer who already knows the work can use that base, plus his own knowledge, and write posts like these for his own firm.

Contract Law

At the Well Still Means Netback: Market-Enhancement Clauses Can Be Surplusage

Texas allocates gathering, compression, and processing by the royalty clause, not by a marketable-product speech borrowed from other states. An at-the-well valuation usually lets the operator netback those costs, and a no-deduct rider that never rewrites the valuation point often does no work.

Employment Law

Exempt Titles, Piece-Rate Math, and Texas's Six-Day Final Pay Rule

Texas wage fights still turn on whether the FLSA treats that salaried "manager" as exempt, how overtime was computed on piece rate or commissions, and whether final pay hit the Payday Law deadline. Pick the TWC path and the 180-day clock does not blink.

Civil Procedure & Evidence

Miss the Clock, Lose the Records: Business Records at Texas Summary Judgment

A custodian affidavit can carry business records past hearsay at summary judgment, but only if the foundation is complete, third-party paper is actually adopted, and you beat the right deadline. The 7-day response date is not the date that saves a 902(10) affidavit.