Establishing the Boundaries of Derivative Appeals and Fiduciary Duties in Partnership Disputes: The Bertucci-Watkins Precedent I. Introduction The case of Christopher F. Bertucci, acting as executor...
Texas Narrows Interlocutory Venue Appeals: Section 15.003(b) Applies Only When a Plaintiff’s Independent Venue Showing Is Actually at Issue I. Introduction Rush Truck Centers of Texas, L.P. AND BLUE...
Redundant-Remedies Doctrine Turns on Remedies, Not Claims: Ultra Vires and As-Applied Constitutional Suits May Proceed Beyond APA Order-Reversal Case: REYNALDO "REY" GONZALEZ, JR., M.D., J.D. v....
Minor Briefing Defects Do Not Forfeit Derivative Appeals; Rule 38.9(b) Is the Proper Remedy Supreme Court of Texas — CHRISTOPHER F. BERTUCCI, AS OF THE ESTATE OF ANTHONY R. BERTUCCI, AND DERIVATIVELY...
Foreclosure Judgment Validating a Lien Does Not Bar a Later JOA Cost-Sharing Breach Claim When the Foreclosure Court Did Not Necessarily Decide It (and the Lienholder Previously Urged No...
Passive-Voice Habendum Clauses Do Not Imply a “Produced by the Lessee” Requirement I. Introduction In DAVID W. CROMWELL v. ANADARKO E&P ONSHORE, LLC, the Supreme Court of Texas addressed a recurring...
Default Rule: Oil-and-Gas Conveyance Includes Control of Incidentally Produced Groundwater in Liquid-Waste Byproduct Unless Expressly Reserved 1. Introduction Cactus Water Services, LLC v. COG...
Death-Penalty Discovery Sanctions Require Proof of Possession/Control and Flagrant Bad Faith, Plus Consideration of Lesser Sanctions I. Introduction In re Newkirk Logistics, Inc. is a Texas Supreme...
Texas Appellate Briefing Waiver: Courts Must Avoid Overly Technical Forfeitures and Reach Derivative-Claim Merits When Briefing Fairly Presents the Issues 1) Introduction Case: CHRISTOPHER F....
Foreclosure Judgments Do Not Bar Later Contract Claims Not Necessarily Decided—Especially When the Foreclosing Party Previously Defeated Jurisdiction Over the Contract Dispute Court: Supreme Court of...
DTPA Civil Investigative Demands Must Be Statutorily Clear, Discovery-Limited, and Cannot Compel Third-Party Sworn Statements or Associationally Protected Member Identities Decision commented on:...
Section 15.003(b) Interlocutory Venue Appeals Require an Actual “Independent Venue” Determination, Not Merely Multiple Plaintiffs I. Introduction Case: Rush Truck Centers of Texas, L.P. and Blue Bird...
Texas DTPA Investigative Demands Must State a Clear Statutory Basis and Subject Matter, Seek Only Discoverable Information, and Limit Sworn-Statement Demands to DTPA Targets I. Introduction This...
Default Rule: Oil-and-Gas Leases Convey Control of Incidentally Produced Groundwater (Produced Water) Absent Express Reservation 1. Introduction Case: Cactus Water Services, LLC v. COG Operating,...
Religious Conference May Sue to Enforce Control Rights Under BOC § 22.207 and Assert Third-Party-Beneficiary Contract Claim Based on Nonprofit Articles I. Introduction In SOUTHERN METHODIST...
DFPS’s Unequivocal Trial Withdrawal of Termination Bars a Termination Judgment Absent Clear Repudiation I. Introduction In D.V. v. Texas Department of Family and Protective Services, the Supreme...
Redundant-Remedies Doctrine Does Not Bar Ultra Vires and As-Applied Constitutional Claims Seeking Prospective Relief Beyond APA Reversal I. Introduction Case: Reynaldo "Rey" Gonzalez, Jr., M.D., J.D....
Filing “With the Court” Under Property Code § 21.018(a) Means Filing With the Clerk (Including E‑Filing): Objection Period in Texas Condemnation Cases Starts Upon Clerk Filing Introduction This per...
Formal Adoption of the Anti‑Fracturing Rule and Contract‑Driven Limits on Informal Fiduciary Duties: Pitts v. Rivas Introduction In Pitts, et al. v. Rivas, et al., the Supreme Court of Texas...
Defining "Operational" in BACT: A Texas Judicial Clarification Introduction In the case of Port Arthur Community Action Network v. Texas Commission on Environmental Quality; Jon Niermann, in his...