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  • Commentaries
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Texas Case Commentaries

Texas Supreme Court Establishes Immediate Knowledge Presumption for Material Omissions in Warranty Deeds

Texas Supreme Court Establishes Immediate Knowledge Presumption for Material Omissions in Warranty Deeds

Date: Sep 12, 2015
Texas Supreme Court Establishes Immediate Knowledge Presumption for Material Omissions in Warranty Deeds Introduction In the landmark case of Barbara D. Cosgrove v. Michael and Billie Cade (468...
Clarifying Municipal Jurisdiction: City of Ingleside v. City of Corpus Christi

Clarifying Municipal Jurisdiction: City of Ingleside v. City of Corpus Christi

Date: Jul 25, 2015
Clarifying Municipal Jurisdiction: City of Ingleside v. City of Corpus Christi Introduction The City of Ingleside v. City of Corpus Christi, 469 S.W.3d 589 (Tex. 2015), adjudicated by the Supreme...
Attorney Immunity Reinforced in Cantey Hanger v. Byrd: Scope and Implications

Attorney Immunity Reinforced in Cantey Hanger v. Byrd: Scope and Implications

Date: Jun 27, 2015
Attorney Immunity Reinforced in Cantey Hanger v. Byrd: Scope and Implications Introduction The Supreme Court of Texas, in the landmark decision of Cantey Hanger, LLP v. Philip Gregory Byrd, Lucy...
Ashish Patel v. Texas Department of Licensing and Regulation: Redefining Occupational Licensing Under Due Process

Ashish Patel v. Texas Department of Licensing and Regulation: Redefining Occupational Licensing Under Due Process

Date: Jun 27, 2015
Ashish Patel v. Texas Department of Licensing and Regulation: Redefining Occupational Licensing Under Due Process Introduction In the landmark case of Ashish Patel, Anverali Satani, Nazira Momin,...
Texas Supreme Court Confirms Lack of State Standing in Post-Judgment Intervention of Same-Sex Divorce Proceedings

Texas Supreme Court Confirms Lack of State Standing in Post-Judgment Intervention of Same-Sex Divorce Proceedings

Date: Jun 20, 2015
Texas Supreme Court Confirms Lack of State Standing in Post-Judgment Intervention of Same-Sex Divorce Proceedings Introduction In the landmark case of State of Texas v. Angelique Naylor and Sabina...
Supreme Court of Texas Clarifies Standards for Municipal Liability under the Recreational Use Statute

Supreme Court of Texas Clarifies Standards for Municipal Liability under the Recreational Use Statute

Date: Jun 20, 2015
Supreme Court of Texas Clarifies Standards for Municipal Liability under the Recreational Use Statute Introduction The case of Edith Suarez, Individually and as Surviving Parent of A.S. and S.S.,...
Exemplary Damages Cap Not an Affirmative Defense: Zorrilla v. Aypco Construction II, LLC

Exemplary Damages Cap Not an Affirmative Defense: Zorrilla v. Aypco Construction II, LLC

Date: Jun 13, 2015
Exemplary Damages Cap Not an Affirmative Defense: Zorrilla v. Aypco Construction II, LLC Introduction In Mirta Zorrilla v. Aypco Construction II, LLC and Jose Luis Munoz, 469 S.W.3d 143 (2015), the...
Texas Supreme Court Defines Employer's Duty under Premises Liability: Exceptions for Criminal Activity and Necessary Use

Texas Supreme Court Defines Employer's Duty under Premises Liability: Exceptions for Criminal Activity and Necessary Use

Date: Jun 13, 2015
Texas Supreme Court Defines Employer's Duty under Premises Liability: Exceptions for Criminal Activity and Necessary Use Introduction In the landmark case of Randy Austin v. Kroger Texas, L.P.,...
Unambiguous Contract Exclusions Affirmed: Plains v. Torch Sets Precedent on Excluded Assets in Purchase Agreements

Unambiguous Contract Exclusions Affirmed: Plains v. Torch Sets Precedent on Excluded Assets in Purchase Agreements

Date: Jun 13, 2015
Unambiguous Contract Exclusions Affirmed: Plains v. Torch Sets Precedent on Excluded Assets in Purchase Agreements Introduction In the landmark case of Plains Exploration & Production Company v....
Affirmation of Double-Derivative Standing in Closely Held Corporations: Webre v. Texas United and United Salt

Affirmation of Double-Derivative Standing in Closely Held Corporations: Webre v. Texas United and United Salt

Date: May 30, 2015
Affirmation of Double-Derivative Standing in Closely Held Corporations: Webre v. Texas United and United Salt Introduction The case of Robert Wayne Sneed et al. v. Lloyd P. Webre, Jr., Individually...
Reining in Medical Peer Review Privilege in Antitrust Litigation: Insights from In re Memorial Hermann Hospital System

Reining in Medical Peer Review Privilege in Antitrust Litigation: Insights from In re Memorial Hermann Hospital System

Date: May 23, 2015
Reining in Medical Peer Review Privilege in Antitrust Litigation: Insights from In re Memorial Hermann Hospital System Introduction The In re Memorial Hermann Hospital System; Memorial Hermann...
Disgorgement Not Classified as Compensatory Damages under Texas Sec. 52.006: Supreme Court's Ruling in In re Longview Energy Company

Disgorgement Not Classified as Compensatory Damages under Texas Sec. 52.006: Supreme Court's Ruling in In re Longview Energy Company

Date: May 9, 2015
Disgorgement Not Classified as Compensatory Damages under Texas Sec. 52.006: Supreme Court's Ruling in In re Longview Energy Company Introduction In the landmark case In re Longview Energy Company,...
Unreliable Expert Testimony: Texas Supreme Court Sets New Standards in Gharda USA v. Control Solutions

Unreliable Expert Testimony: Texas Supreme Court Sets New Standards in Gharda USA v. Control Solutions

Date: May 9, 2015
Unreliable Expert Testimony: Texas Supreme Court Sets New Standards in Gharda USA v. Control Solutions Introduction The case of Gharda USA, Inc. and Gharda Chemicals, Ltd. v. Control Solutions, Inc.,...
Application of Chapter 95 to Property Owner’s Negligent Activities: Texas Supreme Court Affirms Dow Chemical Decision

Application of Chapter 95 to Property Owner’s Negligent Activities: Texas Supreme Court Affirms Dow Chemical Decision

Date: May 9, 2015
Application of Chapter 95 to Property Owner’s Negligent Activities: Texas Supreme Court Affirms Dow Chemical Decision Introduction The case of Magdalena Adrienna Abutahoun, Indi v. The Dow Chemical...
Substantive Nexus Required for Health Care Liability Claims: Ross v. St. Luke's Episcopal Hospital

Substantive Nexus Required for Health Care Liability Claims: Ross v. St. Luke's Episcopal Hospital

Date: May 2, 2015
Substantive Nexus Required for Health Care Liability Claims: Ross v. St. Luke's Episcopal Hospital Introduction Lezlea Ross v. St. Luke's Episcopal Hospital (462 S.W.3d 496) is a landmark decision by...
Supreme Court of Texas Expands Scope of Texas Citizens Participation Act to Private Communications

Supreme Court of Texas Expands Scope of Texas Citizens Participation Act to Private Communications

Date: Apr 25, 2015
Supreme Court of Texas Expands Scope of Texas Citizens Participation Act to Private Communications Introduction The case of Matthew Lippincott and Creg Parks v. Warren Whisenhunt (462 S.W.3d 507,...
Limits on Protected Activity Under TCHRA in Retaliation Claims: SAWS v. Nicholas

Limits on Protected Activity Under TCHRA in Retaliation Claims: SAWS v. Nicholas

Date: Apr 25, 2015
Limits on Protected Activity Under TCHRA in Retaliation Claims: SAWS v. Nicholas Introduction San Antonio Water System, Petitioner, v. Debra Nicholas, Respondent is a landmark case adjudicated by the...
Clarifying Insurance Coverage: Anti-Concurrent-Causation Clause in JAW The Pointe v. Lexington Insurance Company

Clarifying Insurance Coverage: Anti-Concurrent-Causation Clause in JAW The Pointe v. Lexington Insurance Company

Date: Apr 25, 2015
Clarifying Insurance Coverage: Anti-Concurrent-Causation Clause in JAW The Pointe v. Lexington Insurance Company Introduction The case of JAW The Pointe, L.L.C. v. Lexington Insurance Company,...
Clarifying Evidentiary Standards under the Texas Citizens Participation Act: In re Lipsky

Clarifying Evidentiary Standards under the Texas Citizens Participation Act: In re Lipsky

Date: Apr 25, 2015
Clarifying Evidentiary Standards under the Texas Citizens Participation Act: In re Lipsky Introduction The case In re Steven Lipsky, Relator (460 S.W.3d 579) adjudicated by the Supreme Court of Texas...
Van Ness v. ETMC First Physicians: Supreme Court Reaffirms Adequacy of Expert Reports under TMLA

Van Ness v. ETMC First Physicians: Supreme Court Reaffirms Adequacy of Expert Reports under TMLA

Date: Apr 25, 2015
Van Ness v. ETMC First Physicians: Supreme Court Reaffirms Adequacy of Expert Reports under TMLA Introduction In the landmark decision of Van Ness v. ETMC First Physicians, the Supreme Court of Texas...
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