Texas Case Commentaries

Nuisance Injunctions, Poultry Odors, and Regulatory Deference: Narrowly Tailored Equitable Relief Under Texas Law

Date: May 3, 2025

Nuisance Injunctions, Poultry Odors, and Regulatory Deference: Narrowly Tailored Equitable Relief Under Texas Law I. Introduction The dispute in Steve Huynh, et al. v. Blanchard, et al. arises from...

Adequate Appellate Briefing and the “No Minimum Citation Requirement” under Texas Rule 38.1(i): Commentary on Borusan Mannesmann Pipe US, Inc. v. Hunting Energy Services, LLC

Date: May 3, 2025

Adequate Appellate Briefing and the “No Minimum Citation Requirement” under Texas Rule 38.1(i): Commentary on Borusan Mannesmann Pipe US, Inc. v. Hunting Energy Services, LLC I. Introduction The...

Limiting the Territorial Reach of Texas Civil Barratry Actions: Analysis of the Pohl v. Cheatham Dissent

Date: May 3, 2025

Limiting the Territorial Reach of Texas Civil Barratry Actions: Analysis of the Pohl v. Cheatham Dissent I. Introduction The Supreme Court of Texas’s decision in Michael A. Pohl v. Mark Kentrell...

The Essential Volitional Nature of Marriage and Divorce and the Limits of Guardian-Initiated Dissolutions in Texas

Date: May 2, 2025

The Essential Volitional Nature of Marriage and Divorce and the Limits of Guardian-Initiated Dissolutions in Texas I. Introduction This commentary analyzes Chief Justice James D. Blacklock’s...

Knowledge of Suit vs. Notice of Service: Texas Supreme Court Clarifies Craddock’s First Element in Default Divorce Cases

Date: Apr 30, 2025

Knowledge of Suit vs. Notice of Service: Texas Supreme Court Clarifies Craddock’s First Element in Default Divorce Cases I. Introduction In Jenna Tabakman v. Gary Tabakman, the Supreme Court of Texas...

Holistic Antidegradation Review and Limited APA Fact-Finding Duties: Commentary on Save Our Springs Alliance v. TCEQ

Date: Apr 29, 2025

Holistic Antidegradation Review and Limited APA Fact-Finding Duties: Commentary on Save Our Springs Alliance, Inc. v. TCEQ & City of Dripping Springs I. Introduction The Supreme Court of Texas’s...

Marriage, Guardians, and the Volitional Nature of Divorce in Texas: Commentary on Chief Justice Blacklock’s Concurrence in Benavides

Date: Apr 26, 2025

Marriage, Guardians, and the Volitional Nature of Divorce in Texas: Commentary on Chief Justice Blacklock’s Concurrence in In the Matter of the Marriage of Carlos Y. Benavides, Jr. and Leticia R....

Late TCPA Orders and Jurisdictional Collateral Estoppel: Commentary on First Sabrepoint Capital Management, L.P. v. Farmland Partners Inc.

Date: Apr 26, 2025

Late TCPA Orders and Jurisdictional Collateral Estoppel: Commentary on First Sabrepoint Capital Management, L.P. v. Farmland Partners Inc. I. Introduction The Supreme Court of Texas’s decision in...

Express Legislative Direction Required to Limit the Texas Attorney General’s Quo Warranto Authority: Commentary on Paxton v. Annunciation House

Date: Apr 22, 2025

Express Legislative Direction Required to Limit the Texas Attorney General’s Quo Warranto Authority: A Commentary on Paxton v. Annunciation House I. Introduction In Warren Kenneth Paxton, Jr., in his...

Abandonment of Termination in Parental-Rights Cases: Binding Effect of DFPS’s In-Court Statements in D.V. v. Texas Department of Family and Protective Services

Date: Apr 22, 2025

Abandonment of Termination in Parental-Rights Cases: Binding Effect of DFPS’s In-Court Statements in D.V. v. Texas Department of Family and Protective Services I. Introduction In D.V. v. Texas...

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

Date: Apr 22, 2025

Leasing the Burden: Default Ownership of Incidentally Produced Groundwater in Texas Oil-and-Gas Leases Commentary on Cactus Water Services, LLC v. COG Operating, LLC (Tex. 2025) I. Introduction The...

Decoupling “Practicable to Proceed” from Probable Cause: The Supreme Court of Texas Clarifies Juvenile Transfer Good-Cause Requirements in In the Matter of J.J.T.

Date: Apr 22, 2025

Decoupling “Practicable to Proceed” from Probable Cause: The Supreme Court of Texas Clarifies Juvenile Transfer Good-Cause Requirements in In the Matter of J.J.T. I. Introduction In In the Matter of...

Discretion over Disclosure: FERPA‑Authorized Releases of Education Records Are Not Mandated Under the Texas Public Information Act

Date: Apr 18, 2025

Discretion over Disclosure: FERPA‑Authorized Releases of Education Records Are Not Mandated Under the Texas Public Information Act I. Introduction The Supreme Court of Texas’s decision in The...

Kensington Title-Nevada, LLC v. DSHS: Clarifying Rule-Applicability Challenges and Standing Under Texas APA § 2001.038

Date: Apr 18, 2025

Kensington Title-Nevada, LLC v. Texas Department of State Health Services: Clarifying Rule‑Applicability Challenges and Standing Under Texas APA § 2001.038 Introduction In Kensington Title-Nevada,...

Quo Warranto Revived: The Texas Attorney General’s Constitutional Power to Seek Corporate Charter Forfeiture for Criminal Conduct – Commentary on Paxton v. Annunciation House

Date: Apr 18, 2025

Quo Warranto Revived: The Texas Attorney General’s Constitutional Power to Seek Corporate Charter Forfeiture for Criminal Conduct – Commentary on Paxton v. Annunciation House I. Introduction The...

Discretion, Not Mandate: Texas Supreme Court Holds Universities May Withhold FERPA‑Authorized Disciplinary Records Without Attorney‑General Review

Date: Apr 16, 2025

Discretion, Not Mandate: Texas Supreme Court Holds Universities May Withhold FERPA‑Authorized Disciplinary Records Without Attorney‑General Review I. Introduction This commentary analyzes the Supreme...

“Practicable to Proceed,” Not “Probable Cause”: The Texas Supreme Court Clarifies Juvenile Transfer Standard Under Family Code § 54.02(j)(4)(A)

Date: Apr 15, 2025

“Practicable to Proceed,” Not “Probable Cause”: The Texas Supreme Court Clarifies Juvenile Transfer Standard Under Family Code § 54.02(j)(4)(A) I. Introduction In In the Matter of J.J.T., No. 23-1028...

Distinguishing Knowledge of a Lawsuit from Service of Citation: The Supreme Court of Texas Refines the Craddock Test in Tabakman v. Tabakman

Date: Apr 12, 2025

Distinguishing Knowledge of a Lawsuit from Service of Citation: The Supreme Court of Texas Refines the Craddock Test in Tabakman v. Tabakman I. Introduction The Supreme Court of Texas’s per curiam...

Raoger Corporation v. Myers: Circumstantial Evidence, “Inference on Inference,” and the High Bar for Obvious Intoxication Under the Texas Dram Shop Act

Date: Apr 12, 2025

Raoger Corporation v. Myers: Circumstantial Evidence, “Inference on Inference,” and the High Bar for Obvious Intoxication Under the Texas Dram Shop Act I. Introduction In Raoger Corporation v. Myers,...

Whole-Water Antidegradation Review Under Texas Law: Commentary on Save Our Springs Alliance v. TCEQ & City of Dripping Springs

Date: Apr 12, 2025

Whole-Water Antidegradation Review Under Texas Law: Commentary on Save Our Springs Alliance, Inc. v. TCEQ & City of Dripping Springs I. Introduction In Save Our Springs Alliance, Inc. v. Texas...