Unequivocal Abandonment of Termination Requests in Texas Parental-Rights Cases: Commentary on D.V. v. Texas Department of Family and Protective Services I. Introduction The Supreme Court of Texas’s...
Independent Medical Judgment and Vicarious Liability: The Texas Supreme Court’s Framework for Nonprofit Health Organizations Commentary on Renaissance Medical Foundation v. Lugo, No. 23-0607, Supreme...
No Takings Immunity for NFIP‑Compliant Floodplain Regulations: Commentary on The Commons of Lake Houston, Ltd. v. City of Houston Court: Supreme Court of Texas Date: March 21, 2025 Citation: No....
Huynh v. Blanchard: Limiting Shutdown Nuisance Injunctions and Aligning Them with Texas Clean Air Regulation I. Introduction This commentary analyzes Justice Rebeca A. Huddle’s concurring opinion in...
Judicial Power Ends with Mootness: In re Carlson and Voluntary Agency Compliance in Texas Mandamus Proceedings I. Introduction The Supreme Court of Texas’s decision in In re Carlson, No. 24‑0081...
Judicial Power Ends Where Mootness Begins: In re Carlson and Mandamus Relief in PRPRPA Contested Cases I. Introduction The Supreme Court of Texas’s decision in In re Carlson, No. 24‑0081 (Tex. Apr....
Produced Groundwater as a Leased Hydrocarbon Incident: Cactus Water Services, LLC v. COG Operating, LLC (Tex. 2025) I. Introduction The concurring opinion by Justice Busby in Cactus Water Services,...
Incidentally Produced Groundwater as Part of the Hydrocarbon Conveyance: Commentary on Cactus Water Services, LLC v. COG Operating, LLC I. Introduction The Supreme Court of Texas’s decision in Cactus...
Kensington Title-Nevada, LLC v. Texas Department of State Health Services: Expanding Rule‑Applicability Challenges Under Texas APA § 2001.038 I. Introduction In Kensington Title-Nevada, LLC v. Texas...
Standing and Rule‑Applicability Challenges Under Texas APA § 2001.038: Commentary on Kensington Title‑Nevada, LLC v. Texas Department of State Health Services I. Introduction The Supreme Court of...
Decoupling Probable Cause from “Practicable to Proceed”: The Texas Supreme Court’s Interpretation of Family Code § 54.02(j)(4)(A) in In the Matter of J.J.T. I. Introduction In In the Matter of...
Incidental Groundwater as Part of the Hydrocarbon Estate: Commentary on Cactus Water Services, LLC v. COG Operating, LLC I. Introduction The Supreme Court of Texas’s decision in Cactus Water...
Cactus Water Services, LLC v. COG Operating, LLC: Default Ownership and Control of Groundwater Produced with Hydrocarbons in Texas Oil-and-Gas Leases 1. Introduction The Supreme Court of Texas’s...
Substantial Client Control and Creditor Participation in Legal Malpractice Claims: Commentary on Henry S. Miller Commercial Co. v. Newsom, Terry & Newsom, LLP I. Introduction The Supreme Court of...
Creditor-Influenced but Client-Owned Legal Malpractice Claims Permitted: The “Substantial Control” and Non‑Conclusory Causation Standards in Henry S. Miller Commercial Co. v. Newsom, Terry & Newsom,...
Substance Over Form in Appellate Briefing and the Limits of Individual Fiduciary Duties Between Co‑Owners: Commentary on Bertucci v. Watkins I. Introduction The Supreme Court of Texas’s decision in...
Elliott v. City of College Station: Constitutional Avoidance and the Duty to Abate ETJ Challenges in Light of SB 2038 I. Introduction In Shana Elliott and Lawrence Kalke v. City of College Station,...
Statutory Self‑Help Before Constitutional Adjudication: The Texas Supreme Court’s ETJ Opt‑Out Framework in Elliott v. City of College Station I. Introduction The Supreme Court of Texas’s decision in...
Bertucci v. Watkins: Appellate Briefing of Derivative Claims, Individual Fiduciary Duties Between Co‑Owners, and the Dead Man’s Rule I. Introduction The Supreme Court of Texas’s decision in...
Regulatory Takings in the Floodplain: Police-Power and NFIP-Driven Ordinances Are Not Immune from Texas Takings Claims I. Introduction The Supreme Court of Texas’s decision in The Commons of Lake...