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  • Commentaries
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Texas Case Commentaries

Incidentally Produced Groundwater as Part of the Hydrocarbon Grant: The New Default Rule in Cactus Water Services, LLC v. COG Operating, LLC

Incidentally Produced Groundwater as Part of the Hydrocarbon Grant: The New Default Rule in Cactus Water Services, LLC v. COG Operating, LLC

Date: Aug 14, 2025
Incidentally Produced Groundwater as Part of the Hydrocarbon Grant: The New Default Rule in Cactus Water Services, LLC v. COG Operating, LLC I. Introduction The Supreme Court of Texas’s decision in...
Toward Adoption of the Admission Rule in Texas: Justice Young’s Concurrence in Werner Enterprises, Inc. v. Blake

Toward Adoption of the Admission Rule in Texas: Justice Young’s Concurrence in Werner Enterprises, Inc. v. Blake

Date: Aug 14, 2025
Toward Adoption of the Admission Rule in Texas: Justice Young’s Concurrence in Werner Enterprises, Inc. v. Blake I. Introduction This commentary examines Justice Evan A. Young’s concurring opinion in...
Independent Medical Judgment and Vicarious Liability: Renaissance Medical Foundation v. Lugo and the Scope of NPHO Responsibility

Independent Medical Judgment and Vicarious Liability: Renaissance Medical Foundation v. Lugo and the Scope of NPHO Responsibility

Date: Aug 9, 2025
Independent Medical Judgment and Vicarious Liability: Renaissance Medical Foundation v. Lugo and the Scope of Nonprofit Health Organization Responsibility I. Introduction The Supreme Court of Texas’s...
Unequivocal Abandonment of Termination by DFPS Bars Termination: Commentary on D.V. v. Texas Department of Family and Protective Services

Unequivocal Abandonment of Termination by DFPS Bars Termination: Commentary on D.V. v. Texas Department of Family and Protective Services

Date: Aug 9, 2025
“When the State Says It Is Not Seeking Termination, Courts May Not Terminate”: Commentary on D.V. v. Texas Department of Family and Protective Services I. Introduction The Supreme Court of Texas’s...
Course-and-Scope as a Defensive Issue: Texas Supreme Court Limits the Division of Workers’ Compensation’s Exclusive Jurisdiction

Course-and-Scope as a Defensive Issue: Texas Supreme Court Limits the Division of Workers’ Compensation’s Exclusive Jurisdiction

Date: Aug 7, 2025
Course-and-Scope as a Defensive Issue: Limiting the Texas Division of Workers’ Compensation’s Exclusive Jurisdiction Commentary on The University of Texas Rio Grande Valley v. Rita Oteka Supreme...
"Remedies, Not Claims": The Texas Supreme Court Reframes the Redundant-Remedies Doctrine in Gonzalez v. Texas Medical Board

"Remedies, Not Claims": The Texas Supreme Court Reframes the Redundant-Remedies Doctrine in Gonzalez v. Texas Medical Board

Date: Aug 6, 2025
"Remedies, Not Claims": The Texas Supreme Court Reframes the Redundant-Remedies Doctrine in Gonzalez v. Texas Medical Board I. Introduction The Supreme Court of Texas’s opinion in Reynaldo "Rey"...
Preserving Parties’ Rights, Not the “Status Quo”: Appellate Stays and Gift Clause Limits on No‑Strings‑Attached Cash Programs in In re The State of Texas (Uplift Harris)

Preserving Parties’ Rights, Not the “Status Quo”: Appellate Stays and Gift Clause Limits on No‑Strings‑Attached Cash Programs in In re The State of Texas (Uplift Harris)

Date: Jul 30, 2025
Preserving Parties’ Rights, Not the “Status Quo”: Appellate Stays and Gift Clause Limits on No‑Strings‑Attached Cash Programs in In re The State of Texas (Uplift Harris) I. Introduction A. Background...
Production by Any Operator Satisfies Passive-Voice Habendum Clauses: Commentary on Cromwell v. Anadarko E&P Onshore, LLC

Production by Any Operator Satisfies Passive-Voice Habendum Clauses: Commentary on Cromwell v. Anadarko E&P Onshore, LLC

Date: Jul 26, 2025
Production by Any Operator Satisfies Passive-Voice Habendum Clauses: A Comprehensive Commentary on David W. Cromwell v. Anadarko E&P Onshore, LLC I. Introduction The Supreme Court of Texas’s decision...
“Standing First, TCPA Second”: Jurisdictional Priority in Texas Anti‑SLAPP Interlocutory Appeals

“Standing First, TCPA Second”: Jurisdictional Priority in Texas Anti‑SLAPP Interlocutory Appeals

Date: Jul 25, 2025
“Standing First, TCPA Second”: Jurisdictional Priority in Texas Anti‑SLAPP Interlocutory Appeals I. Introduction The Supreme Court of Texas’s per curiam decision in Texas Right to Life and John Seago...
Knowledge of a Lawsuit Without Actual Notice of Citation Negates Conscious Indifference Under Craddock: Commentary on Jenna Tabakman v. Gary Tabakman

Knowledge of a Lawsuit Without Actual Notice of Citation Negates Conscious Indifference Under Craddock: Commentary on Jenna Tabakman v. Gary Tabakman

Date: Jul 25, 2025
Knowledge of a Lawsuit Without Actual Notice of Citation Negates Conscious Indifference Under Craddock: A Commentary on Jenna Tabakman v. Gary Tabakman, Supreme Court of Texas (Dec. 5, 2025) I....
Prospective Relief and the Limits of the Redundant-Remedies Doctrine: Commentary on Gonzalez v. Texas Medical Board

Prospective Relief and the Limits of the Redundant-Remedies Doctrine: Commentary on Gonzalez v. Texas Medical Board

Date: Jul 24, 2025
Prospective Relief and the Limits of the Redundant-Remedies Doctrine: Commentary on Gonzalez v. Texas Medical Board I. Introduction The Supreme Court of Texas’s decision in Reynaldo "Rey" Gonzalez,...
Unequivocal Abandonment of Termination in Texas Parental-Rights Cases: Commentary on D.V. v. Texas Department of Family and Protective Services

Unequivocal Abandonment of Termination in Texas Parental-Rights Cases: Commentary on D.V. v. Texas Department of Family and Protective Services

Date: Jul 23, 2025
Unequivocal Abandonment of Termination in Texas Parental-Rights Cases Commentary on D.V. v. Texas Department of Family and Protective Services, Supreme Court of Texas (Oct. 31, 2025) I. Introduction...
Express-Statement Requirement for Limiting the Texas Attorney General’s Quo Warranto Power: Commentary on Paxton v. Annunciation House

Express-Statement Requirement for Limiting the Texas Attorney General’s Quo Warranto Power: Commentary on Paxton v. Annunciation House

Date: Jul 12, 2025
Express-Statement Requirement for Limiting the Texas Attorney General’s Quo Warranto Power: Commentary on Paxton v. Annunciation House I. Introduction The Supreme Court of Texas’s decision in Warren...
Awareness of a Lawsuit ≠ Notice of Service: Reframing Craddock’s First Element in Alternative‑Service Defaults (Tabakman v. Tabakman)

Awareness of a Lawsuit ≠ Notice of Service: Reframing Craddock’s First Element in Alternative‑Service Defaults (Tabakman v. Tabakman)

Date: Jul 10, 2025
Awareness of a Lawsuit ≠ Notice of Service: Reframing Craddock’s First Element in Alternative‑Service Defaults (Tabakman v. Tabakman) I. Introduction The Supreme Court of Texas’s per curiam decision...
In re Greyhound Lines, Inc.: Clarifying Texas Forum Non Conveniens, Mexican Forums, and Waiver Through Crossclaims

In re Greyhound Lines, Inc.: Clarifying Texas Forum Non Conveniens, Mexican Forums, and Waiver Through Crossclaims

Date: Jul 10, 2025
In re Greyhound Lines, Inc.: Clarifying Texas Forum Non Conveniens, Mexican Forums, and Waiver Through Crossclaims I. Introduction The Supreme Court of Texas’s per curiam decision in In re Greyhound...
Equitable Delay Expenses Incident to Specific Performance in Texas Real Estate Contracts: Commentary on White Knight Development, LLC v. Simmons

Equitable Delay Expenses Incident to Specific Performance in Texas Real Estate Contracts: Commentary on White Knight Development, LLC v. Simmons

Date: Jul 8, 2025
Equitable Delay Expenses Incident to Specific Performance in Texas Real Estate Contracts: Commentary on White Knight Development, LLC v. Simmons I. Introduction The Supreme Court of Texas’s decision...
Tenaris Bay City Inc. v. Ellisor: Reaffirming But-For Causation and Expert Proof in Catastrophic Flood Litigation

Tenaris Bay City Inc. v. Ellisor: Reaffirming But-For Causation and Expert Proof in Catastrophic Flood Litigation

Date: Jul 8, 2025
Tenaris Bay City Inc. v. Ellisor: Reaffirming But-For Causation and Expert Proof in Catastrophic Flood Litigation I. Introduction In Tenaris Bay City Inc. v. Ellisor, No. 23‑0808 (Tex. May 23, 2025),...
Wiping the Slate Clean on the Admission Rule: Werner v. Blake and the Future of Derivative Negligence Claims in Texas

Wiping the Slate Clean on the Admission Rule: Werner v. Blake and the Future of Derivative Negligence Claims in Texas

Date: Jul 8, 2025
Wiping the Slate Clean on the Admission Rule: Justice Young’s Concurrence in Werner Enterprises, Inc. v. Blake and the Future of Derivative Negligence Claims in Texas I. Introduction The Supreme...
Sudden Tire Failures and No‑Evidence Summary Judgment in Texas Negligence Law: Commentary on Lozada v. Posada

Sudden Tire Failures and No‑Evidence Summary Judgment in Texas Negligence Law: Commentary on Lozada v. Posada

Date: Jul 8, 2025
Sudden Tire Failures and No‑Evidence Summary Judgment in Texas Negligence Law: Commentary on Lozada v. Posada I. Introduction This commentary analyzes the Supreme Court of Texas’s per curiam decision...
Default Ownership and Control of Produced Groundwater in Texas Oil-and-Gas Leases: Commentary on Cactus Water Services, LLC v. COG Operating, LLC

Default Ownership and Control of Produced Groundwater in Texas Oil-and-Gas Leases: Commentary on Cactus Water Services, LLC v. COG Operating, LLC

Date: Jul 4, 2025
Default Ownership and Control of Produced Groundwater in Texas Oil-and-Gas Leases Commentary on Cactus Water Services, LLC v. COG Operating, LLC, Supreme Court of Texas I. Introduction The concurring...
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