Texas Case Commentaries

Extension of Sovereign Immunity to Independent Contractors: Brown & Gay Engineering, Inc. v. Zuleima Olivares

Date: Apr 25, 2015

Extension of Sovereign Immunity to Independent Contractors: Brown & Gay Engineering, Inc. v. Zuleima Olivares Introduction Brown & Gay Engineering, Inc. v. Zuleima Olivares, 461 S.W.3d 117 (Tex....

Clarifying the Role of Circumstantial Evidence under the Texas Citizens Participation Act

Date: Apr 25, 2015

Clarifying the Role of Circumstantial Evidence under the Texas Citizens Participation Act Introduction In re Steven Lipsky, Relator, 460 S.W.3d 579 (Tex. 2015), is a landmark decision by the Supreme...

G.T. Leach Builders, LLC v. Sapphire V.P., LP: Defining the Boundaries of Arbitration in Construction Contracts

Date: Mar 21, 2015

G.T. Leach Builders, LLC v. Sapphire V.P., LP: Defining the Boundaries of Arbitration in Construction Contracts Introduction In the landmark case of G.T. Leach Builders, LLC, et al. v. Sapphire V.P.,...

Recreational Use Statute Excludes Spectators at Competitive Sports Events: Uni v. UT Arlington

Date: Mar 21, 2015

Recreational Use Statute Excludes Spectators at Competitive Sports Events: Uni v. University of Texas at Arlington Introduction In the landmark case of University of Texas at Arlington v. Sandra...

Texas Supreme Court Upholds HMEPS Board's Authority in Employee Classification

Date: Mar 21, 2015

Texas Supreme Court Upholds HMEPS Board's Authority in Employee Classification Introduction In the landmark case of John Klumb, Veronica McClelland, Vivian Montejano, John Gonzalez, Anita Robles, and...

Texas Supreme Court Establishes District's Responsibility for Utility Relocation Costs under Texas Water Code §49.223

Date: Mar 21, 2015

Texas Supreme Court Establishes District's Responsibility for Utility Relocation Costs under Texas Water Code §49.223 Introduction The case of Southwestern Bell Telephone, L.P. d/b/a AT&T Texas v. Ed...

KCM Financial LLC v. Bradshaw: Refining Fiduciary Duties in Mineral Leasing

Date: Mar 7, 2015

KCM Financial LLC v. Bradshaw: Refining Fiduciary Duties in Mineral Leasing Introduction The Supreme Court of Texas addressed a pivotal issue in KCM Financial LLC, R.J. Sikes, Roger Sikes, Kathy...

Exclusive Jurisdiction of Workers' Compensation Claims: Insights from In re Crawford & Company

Date: Feb 28, 2015

Exclusive Jurisdiction of Workers' Compensation Claims: Insights from In re Crawford & Company Introduction The In re Crawford & Company case, adjudicated by the Supreme Court of Texas on February...

Fraudulent Concealment in Mineral Leasing: Reasonable Diligence Remains a Fact Question When Public Records Are Tainted

Date: Jan 31, 2015

Fraudulent Concealment in Mineral Leasing: Reasonable Diligence Remains a Fact Question When Public Records Are Tainted Introduction In the case of Charles G. Hooks III, et al. v. Samson Lone Star,...

Enforceability of Releases and Statute of Frauds Exceptions: Texas Supreme Court’s Ruling in National Property Holdings v. Westergren

Date: Jan 10, 2015

Enforceability of Releases and Statute of Frauds Exceptions: Texas Supreme Court’s Ruling in National Property Holdings v. Westergren Introduction The case of National Property Holdings, L.P.,...

Trial Court Discretion in Denying Supersedeas for Non-Monetary Judgments Against Government Entities: Analysis of In re State Board for Educator Certification

Date: Dec 20, 2014

Trial Court Discretion in Denying Supersedeas for Non-Monetary Judgments Against Government Entities: Analysis of In re State Board for Educator Certification Introduction The Supreme Court of Texas,...

Supreme Court of Texas Affirms 'No Direct Action' Rule in Declaratory Judgments Against Insurers

Date: Nov 22, 2014

Supreme Court of Texas Affirms 'No Direct Action' Rule in Declaratory Judgments Against Insurers Introduction In the case of In re Essex Insurance Company, Relator (450 S.W.3d 524), the Supreme Court...

Eligibility for Restricted Appeals in Divorce Proceedings: Dakota Pike–Grant v. Jeffrey Alan Grant

Date: Oct 4, 2014

Eligibility for Restricted Appeals in Divorce Proceedings: Dakota Pike–Grant v. Jeffrey Alan Grant Introduction The case of Dakota Pike–Grant v. Jeffrey Alan Grant (447 S.W.3d 884) adjudicated by the...

Texas Supreme Court Reinforces Due Process Protections in Parental Rights Termination Cases

Date: Aug 30, 2014

Texas Supreme Court Reinforces Due Process Protections in Parental Rights Termination Cases Introduction The Supreme Court of Texas, in the landmark case In the Interest of K.M.L., a Child. (443...

Ensuring Voluntary and Informed Termination of Parental Rights: Texas Supreme Court Sets Clear Standards

Date: Aug 30, 2014

Ensuring Voluntary and Informed Termination of Parental Rights: Texas Supreme Court Sets Clear Standards Introduction The case of In the Interest of K.M.L. (No. 12–0728) before the Supreme Court of...

Prior Restraint and Damages in Defamation: Comprehensive Analysis of Texas Supreme Court's Decision in Burbage v. Burbage Funeral Home

Date: Aug 30, 2014

Prior Restraint and Damages in Defamation: Comprehensive Analysis of Texas Supreme Court's Decision in Burbage v. Burbage Funeral Home Introduction The case of Allen Chadwick Burbage v. W. Kirk...

Waiver of Statutory Offset Rights in Guaranty Agreements: Analysis of Moayedi v. Interstate 35/Chisam Road, L.P.

Date: Aug 23, 2014

Waiver of Statutory Offset Rights in Guaranty Agreements: Analysis of Moayedi v. Interstate 35/Chisam Road, L.P. Introduction In Mehrdad Moayedi v. Interstate 35/Chisam Road, L.P. and Malachi...

Reaffirming the "Appropriate Law Enforcement Authority" Requirement in the Texas Whistleblower Act: Texas Department of Human Services v. Oli

Date: Aug 23, 2014

Reaffirming the "Appropriate Law Enforcement Authority" Requirement in the Texas Whistleblower Act: Texas Department of Human Services v. Oli Introduction Texas Department of Human Services v. Oli...

Enhanced Disclosure Requirements for Arbitrators Under Texas Law

Date: Aug 23, 2014

Enhanced Disclosure Requirements for Arbitrators Under Texas Law Introduction The case of Tenaska Energy, Inc. et al. v. Ponderosa Pine Energy, LLC decided by the Supreme Court of Texas on August 22,...

Adequate Warning in Premises Liability: Henkel v. Norman

Date: Aug 23, 2014

Adequate Warning in Premises Liability: Henkel v. Norman Introduction Christopher Henkel and Lisa Henkel v. Christopher Norman, 441 S.W.3d 249 (Tex. 2014), is a seminal case in Texas premises...

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