“Vested rights” are the development rights that “lock in” as of a given date, and generally the governmental restrictions on development at that date remain the restrictions applicable to that development. “Vested rights” inure to a project and stay with the project if pursued and not abandoned; they do not, however, inure to the property separate from the project.
Texas Governor Rick Perry has signed into law new rules for offers-of-settlement, but the new law leaves open the question of how attorney’s fees factor into the cost-shifting equation. Under either the old or new offer-of-settlement rules, one party to a lawsuit can be forced to pay the other party’s litigation costs. Should attorney’s fees be the X-factor in determining who pays what?
Companies and individuals alike dread the unknown whenever served with a lawsuit. For many, it is a taxing experience like no other. Almost immediately, the newly served defendant turns over the lawsuit to its insurance agent seeking the protection of coverage afforded by any insurance policy that may be in place. In most instances, the insurance carrier will step up to the plate and assign counsel to represent the defendant in the newly filed lawsuit.