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  • Commentaries
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Texas Case Commentaries

Texas Supreme Court Sets New Mandamus Standard for Physical Examination Motions under Rule 204.1

Texas Supreme Court Sets New Mandamus Standard for Physical Examination Motions under Rule 204.1

Date: May 28, 2016
Texas Supreme Court Sets New Mandamus Standard for Physical Examination Motions under Rule 204.1 Introduction The case In re H.E.B. Grocery Company, L.P., Relator, cited as 492 S.W.3d 300, was...
Pre-suit Expert Report Service Suffices Under Texas Medical Liability Act

Pre-suit Expert Report Service Suffices Under Texas Medical Liability Act

Date: May 28, 2016
Pre-suit Expert Report Service Suffices Under Texas Medical Liability Act: A Comprehensive Analysis of Hebner v. Reddy Introduction In the landmark case Haley Hebner and Darrin Charles Scott, Indi v....
Enforcement of Broad Tenant Reimbursement Provisions Under Texas Property Code: Analysis of Philadelphia Indemnity Insurance Company v. Carmen White

Enforcement of Broad Tenant Reimbursement Provisions Under Texas Property Code: Analysis of Philadelphia Indemnity Insurance Company v. Carmen White

Date: May 14, 2016
Enforcement of Broad Tenant Reimbursement Provisions Under Texas Property Code: Analysis of Philadelphia Indemnity Insurance Company v. Carmen White 1. Introduction In the landmark case of...
Proprietary Function and Municipal Immunity: Insights from Wheelabrator v. City of San Antonio

Proprietary Function and Municipal Immunity: Insights from Wheelabrator v. City of San Antonio

Date: Apr 16, 2016
Proprietary Function and Municipal Immunity: Insights from Wheelabrator v. City of San Antonio Introduction The Supreme Court of Texas, in the landmark case of Wheelabrator Air Pollution Control,...
Clarification of Attorney's Fees under the Texas Citizens Participation Act in Michael Quinn Sullivan v. Salem Abraham

Clarification of Attorney's Fees under the Texas Citizens Participation Act in Michael Quinn Sullivan v. Salem Abraham

Date: Apr 16, 2016
Clarification of Attorney's Fees under the Texas Citizens Participation Act in Michael Quinn Sullivan v. Salem Abraham Introduction Michael Quinn Sullivan v. Salem Abraham is a pivotal case...
Opportunity to Cure Chapter 14 Filing Defects: Texas Supreme Court Establishes Critical Procedural Safeguards for Inmate Appeals

Opportunity to Cure Chapter 14 Filing Defects: Texas Supreme Court Establishes Critical Procedural Safeguards for Inmate Appeals

Date: Apr 2, 2016
Opportunity to Cure Chapter 14 Filing Defects: Texas Supreme Court Establishes Critical Procedural Safeguards for Inmate Appeals Introduction In the landmark case of Brent Alan McLean v. Brad...
Texas Supreme Court Upholds Differential Taxation on Non-Settling Tobacco Manufacturers: A New Precedent in Equal and Uniform Taxation

Texas Supreme Court Upholds Differential Taxation on Non-Settling Tobacco Manufacturers: A New Precedent in Equal and Uniform Taxation

Date: Apr 2, 2016
Texas Supreme Court Upholds Differential Taxation on Non-Settling Tobacco Manufacturers: A New Precedent in Equal and Uniform Taxation Introduction The Texas Supreme Court case Glenn Hegar, in His...
TUFTA's Reasonably Equivalent Value in Ponzi Scheme Transfers: Jan v. Golf Channel

TUFTA's Reasonably Equivalent Value in Ponzi Scheme Transfers: Jan v. Golf Channel

Date: Apr 2, 2016
TUFTA's Reasonably Equivalent Value in Ponzi Scheme Transfers: Jan v. Golf Channel Introduction Ralph S. Janvey, in his Capacity as Court-Appointed Receiver for Stanford International Bank, Limited,...
Clint Independent School District v. Marquez: Establishing Exhaustion Requirements for Constitutional Claims in Texas School Finance

Clint Independent School District v. Marquez: Establishing Exhaustion Requirements for Constitutional Claims in Texas School Finance

Date: Apr 2, 2016
Clint Independent School District v. Marquez: Establishing Exhaustion Requirements for Constitutional Claims in Texas School Finance Introduction The case of Clint Independent School District v....
Proprietary-Governmental Dichotomy Confirmed in Contract Claims: Texas Supreme Court Establishes New Standard for Sovereign Immunity

Proprietary-Governmental Dichotomy Confirmed in Contract Claims: Texas Supreme Court Establishes New Standard for Sovereign Immunity

Date: Apr 2, 2016
Proprietary-Governmental Dichotomy Confirmed in Contract Claims: Texas Supreme Court Establishes New Standard for Sovereign Immunity Introduction The landmark case of Wasson Interests, Ltd. v. City...
Right to Appointed Counsel in Supreme Court Proceedings for Indigent Parents: In the Interest of P.M., A Child

Right to Appointed Counsel in Supreme Court Proceedings for Indigent Parents: In the Interest of P.M., A Child

Date: Apr 2, 2016
Right to Appointed Counsel in Supreme Court Proceedings for Indigent Parents: In the Interest of P.M., A Child Introduction The case of In the Interest of P.M., A Child (520 S.W.3d 24) represents a...
Governmental Immunity and the Ultra Vires Exception: Insights from Houston Belt & Terminal Railway Co. v. City of Houston

Governmental Immunity and the Ultra Vires Exception: Insights from Houston Belt & Terminal Railway Co. v. City of Houston

Date: Apr 2, 2016
Governmental Immunity and the Ultra Vires Exception: Insights from Houston Belt & Terminal Railway Co. v. City of Houston Introduction Houston Belt & Terminal Railway Co., BNSF Railway Co., and Union...
Reaffirming the Project-Influence Rule: Caffe Ribs, Inc. v. State of Texas

Reaffirming the Project-Influence Rule: Caffe Ribs, Inc. v. State of Texas

Date: Apr 2, 2016
Reaffirming the Project-Influence Rule: Caffe Ribs, Inc. v. State of Texas Introduction In the landmark case Caffe Ribs, Inc. v. State of Texas, the Supreme Court of Texas addressed critical issues...
Establishing Specific Personal Jurisdiction Over Foreign Broadcasters: Insights from TV Azteca v. Trevino

Establishing Specific Personal Jurisdiction Over Foreign Broadcasters: Insights from TV Azteca v. Trevino

Date: Feb 27, 2016
Establishing Specific Personal Jurisdiction Over Foreign Broadcasters: Insights from TV Azteca v. Trevino Introduction The Supreme Court of Texas, in the landmark case of TV Azteca, S.A.B. De C.V.,...
Interpretation of Double-Fraction Royalty Interests: Hysaw v. Dawkins Establishes Floating Royalties in Texas

Interpretation of Double-Fraction Royalty Interests: Hysaw v. Dawkins Establishes Floating Royalties in Texas

Date: Jan 30, 2016
Interpretation of Double-Fraction Royalty Interests: Hysaw v. Dawkins Establishes Floating Royalties in Texas Introduction Hysaw v. Dawkins (483 S.W.3d 1, 2016) represents a pivotal moment in Texas...
Premises Liability Post-Ownership Transfer: Occidental Chemical Corp. v. Jenkins Sets Precedent

Premises Liability Post-Ownership Transfer: Occidental Chemical Corp. v. Jenkins Sets Precedent

Date: Jan 9, 2016
Premises Liability Post-Ownership Transfer: Occidental Chemical Corp. v. Jenkins Sets Precedent Introduction In the landmark case of Occidental Chemical Corporation v. Jason Jenkins, the Supreme...
Definiteness and Enforceability of "Agreement to Agree" Clauses: Analysis of Ray Fischer v. CTMI

Definiteness and Enforceability of "Agreement to Agree" Clauses: Analysis of Ray Fischer v. CTMI

Date: Jan 9, 2016
Definiteness and Enforceability of "Agreement to Agree" Clauses: Analysis of Ray Fischer v. CTMI Introduction The Supreme Court of Texas, in the case of Ray Fischer and Corporate Tax Management, Inc....
Mandamus Relief in In re RSR Corporation: Reevaluating Disqualification Standards for Fact Witnesses

Mandamus Relief in In re RSR Corporation: Reevaluating Disqualification Standards for Fact Witnesses

Date: Dec 5, 2015
Mandamus Relief in In re RSR Corporation: Reevaluating Disqualification Standards for Fact Witnesses Introduction The case of In re RSR Corporation and Quemetco Metals Limited, Inc., Relators (475...
Uniform Enforcement of Leave Policies Affirmed as Defense Against Retaliation Claims in Workers' Compensation Cases

Uniform Enforcement of Leave Policies Affirmed as Defense Against Retaliation Claims in Workers' Compensation Cases

Date: Dec 5, 2015
Uniform Enforcement of Leave Policies Affirmed as Defense Against Retaliation Claims in Workers' Compensation Cases Introduction The case of Kingsaire, Inc. d/b/a Kings Aire, Inc. v. Jorge Melendez...
Kachina Pipeline Co. v. Lillis: Clarifying Compression Cost Deductions and Contract Term Extensions in Gas Purchase Agreements

Kachina Pipeline Co. v. Lillis: Clarifying Compression Cost Deductions and Contract Term Extensions in Gas Purchase Agreements

Date: Oct 10, 2015
Kachina Pipeline Co. v. Lillis: Clarifying Compression Cost Deductions and Contract Term Extensions in Gas Purchase Agreements Introduction In the landmark case of Kachina Pipeline Company, Inc. v....
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