Texas Case Commentaries

The Commons of Lake Houston v. City of Houston: Police Power, NFIP Compliance, and Regulatory Takings Under the Texas Constitution

Date: Mar 22, 2025

No Categorical Police-Power Immunity for Floodplain Regulations: Commentary on The Commons of Lake Houston, Ltd. v. City of Houston, Supreme Court of Texas (Mar. 21, 2025) I. Introduction In The...

Prioritizing ETJ Opt-Out Remedies and Constitutional Avoidance in Elliott v. City of College Station

Date: Mar 21, 2025

Prioritizing ETJ Opt-Out Remedies and Constitutional Avoidance in Elliott v. City of College Station I. Introduction In Shana Elliott and Lawrence Kalke v. City of College Station, Texas, the Supreme...

Statutory ETJ Opt-Out as a Precondition to Constitutional Challenges: Commentary on Elliott v. City of College Station

Date: Mar 21, 2025

Statutory ETJ Opt-Out as a Precondition to Constitutional Challenges: Commentary on Elliott v. City of College Station I. Introduction The Supreme Court of Texas’s decision in Shana Elliott and...

Judicial Power, Mootness, and Administrative Finality: Commentary on In re Carlson (Tex. 2025)

Date: Mar 20, 2025

Judicial Power, Mootness, and Administrative Finality: Commentary on In re Carlson (Tex. 2025) I. Introduction The Supreme Court of Texas’s decision in In re Carlson, No. 24‑0081 (Apr. 25, 2025), is...

Unequivocal Withdrawal of Termination Binds the Court: Commentary on D.V. v. Texas Department of Family and Protective Services

Date: Mar 20, 2025

“If the State Is Not Seeking Termination, the Court May Not Terminate” A Commentary on D.V. v. Texas Department of Family and Protective Services I. Introduction The Supreme Court of Texas’s decision...

When Duration Equals Scope: Delegating the Temporal Reach of Arbitration Agreements in Cerna v. Pearland Urban Air

Date: Mar 20, 2025

When Duration Equals Scope: Delegating the Temporal Reach of Arbitration Agreements in Cerna v. Pearland Urban Air I. Introduction The Supreme Court of Texas’s decision in Abigail Dalila Cerna, as...

Clarifying Railway Labor Act Preemption and Validating Union Member Claim Assignments: Commentary on The Boeing Company v. SWAPA

Date: Mar 20, 2025

Clarifying Railway Labor Act Preemption and Validating Union Member Claim Assignments: A Commentary on The Boeing Company v. Southwest Airlines Pilots Association I. Introduction The Supreme Court of...

Closing the Tag-Along Venue Loophole: Limits on Interlocutory Appeals Under Texas Civil Practice & Remedies Code § 15.003(b)

Date: Mar 20, 2025

Closing the Tag-Along Venue Loophole: Limits on Interlocutory Appeals Under Texas Civil Practice & Remedies Code § 15.003(b) I. Introduction The Supreme Court of Texas’s decision in Rush Truck...

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

Date: Mar 20, 2025

Unequivocal Withdrawal 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...

Temporal Reach as Scope: Delegation of Arbitration Duration Questions in Cerna v. Pearland Urban Air, LLC

Date: Mar 20, 2025

Temporal Reach as Scope: Delegation of Arbitration Duration Questions in Cerna v. Pearland Urban Air, LLC I. Introduction In Abigail Dalila Cerna, as Next Friend of R.W. v. Pearland Urban Air, LLC,...

Railway Labor Act Preemption and Mass Claim Assignments: Commentary on The Boeing Company v. SWAPA

Date: Mar 20, 2025

Railway Labor Act Preemption and Mass Claim Assignments: Commentary on The Boeing Company v. Southwest Airlines Pilots Association I. Introduction The Supreme Court of Texas’s decision in The Boeing...

Mootness as a Limit on Mandamus Relief in Texas Administrative Contested Cases: Commentary on In re Carlson

Date: Mar 20, 2025

Mootness as a Limit on Mandamus Relief in Texas Administrative Contested Cases: Commentary on In re Carlson I. Introduction The Supreme Court of Texas’s decision in In re Carlson, No. 24‑0081 (Tex....

Narrowing Interlocutory Venue Appeals in Multi‑Plaintiff Cases: Rush Truck Centers v. Sayre

Date: Mar 20, 2025

Narrowing Interlocutory Venue Appeals in Multi‑Plaintiff Cases: Rush Truck Centers of Texas, L.P. & Blue Bird Body Co. v. Sayre I. Introduction In Rush Truck Centers of Texas, L.P. and Blue Bird Body...

Remediable Briefing Defects Do Not Waive Derivative Appeals—Texas Courts Should Decide Merits and Order Rebriefing When Helpful

Date: Mar 19, 2025

Remediable Briefing Defects Do Not Waive Derivative Appeals—Texas Courts Should Decide Merits and Order Rebriefing When Helpful I. Introduction Case: CHRISTOPHER F. BERTUCCI, AS OF THE ESTATE OF...

Railway Labor Act Preemption Turns on CBA Interpretation; Union May Sue as Assignee of Members’ Claims

Date: Mar 19, 2025

Railway Labor Act Preemption Turns on CBA Interpretation; Union May Sue as Assignee of Members’ Claims I. Introduction In THE BOEING COMPANY v. SOUTHWEST AIRLINES PILOTS ASSOCIATION (SWAPA) ON BEHALF...

Texas Recognizes Union-Assignee Standing and Limits Railway Labor Act Preemption to Claims Requiring CBA Interpretation

Date: Mar 19, 2025

Texas Recognizes Union-Assignee Standing and Limits Railway Labor Act Preemption to Claims Requiring CBA Interpretation I. Introduction In THE BOEING COMPANY v. SOUTHWEST AIRLINES PILOTS ASSOCIATION...

Texas Supreme Court Narrows § 15.003(b): No Interlocutory Venue Appeal When Multiple Plaintiffs Share Identical Venue Facts

Date: Mar 19, 2025

Texas Supreme Court Narrows § 15.003(b): No Interlocutory Venue Appeal When Multiple Plaintiffs Share Identical Venue Facts 1. Introduction In Rush Truck Centers of Texas, L.P. AND Blue Bird Body...

Rule 52.10 Temporary Relief Must “Preserve the Parties’ Rights”: Merits and Irreparable-Harm Balancing, Not “Status Quo” Wordplay

Date: Mar 19, 2025

Rule 52.10 Temporary Relief Must “Preserve the Parties’ Rights”: Merits and Irreparable-Harm Balancing, Not “Status Quo” Wordplay 1. Introduction In re The State of Texas arises from a dispute...

Rule 52.10 Temporary Relief Must Preserve the Parties’ Rights—Requiring a Preliminary Merits Inquiry and an Irreparable-Harm/Equities Balance

Date: Mar 19, 2025

Rule 52.10 Temporary Relief Must Preserve the Parties’ Rights—Requiring a Preliminary Merits Inquiry and an Irreparable-Harm/Equities Balance 1. Introduction In re The State of Texas arises from...

Texas Limits Interlocutory Venue Appeals: Section 15.003(b) Applies Only When a Plaintiff’s Independent Venue Showing Is Actually at Issue

Date: Mar 19, 2025

Texas Limits Interlocutory Venue Appeals: Section 15.003(b) Applies Only When a Plaintiff’s Independent Venue Showing Is Actually at Issue Case: RUSH TRUCK CENTERS OF TEXAS, L.P. AND BLUE BIRD BODY...