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Texas Case Commentaries

Amedisys v. Kingwood: Affirming Common Law Contract Principles in Settlement Offer Acceptance

Amedisys v. Kingwood: Affirming Common Law Contract Principles in Settlement Offer Acceptance

Date: Aug 23, 2014
Amedisys v. Kingwood: Affirming Common Law Contract Principles in Settlement Offer Acceptance Introduction In Amedisys, Inc. d/b/a Amedisys Texas, Ltd., Petitioner, v. Kingwood Home Health Care, LLC...
Affirmation Standards in Parental Termination: Insights from In the Interest of A.B. and H.B.

Affirmation Standards in Parental Termination: Insights from In the Interest of A.B. and H.B.

Date: Aug 21, 2014
Affirmation Standards in Parental Termination: Insights from In the Interest of A.B. and H.B. Introduction In the Interest of A.B. and H.B. (437 S.W.3d 498) is a landmark decision by the Supreme...
Bostic v. Georgia–Pacific: Establishing Substantial Factor Causation in Mesothelioma Cases

Bostic v. Georgia–Pacific: Establishing Substantial Factor Causation in Mesothelioma Cases

Date: Jul 12, 2014
Bostic v. Georgia–Pacific: Establishing Substantial Factor Causation in Mesothelioma Cases Introduction In the landmark case of Susan Elaine Bostic, Individually and as Personal Representative of the...
Texas Supreme Court Establishes Plaintiff-Only Expert Affidavit Requirement in Professional Services Actions

Texas Supreme Court Establishes Plaintiff-Only Expert Affidavit Requirement in Professional Services Actions

Date: Jul 4, 2014
Texas Supreme Court Establishes Plaintiff-Only Expert Affidavit Requirement in Professional Services Actions Introduction In the case of Gary Wayne Jaster v. Comet II Construction, Inc., the Supreme...
Supreme Court of Texas Limits Use of Spoliation Instructions to Intentional Destruction or Irreparable Prejudice

Supreme Court of Texas Limits Use of Spoliation Instructions to Intentional Destruction or Irreparable Prejudice

Date: Jul 4, 2014
Supreme Court of Texas Limits Use of Spoliation Instructions to Intentional Destruction or Irreparable Prejudice Introduction The case of Brookshire Brothers, Ltd. v. Jerry Aldridge (438 S.W.3d 9)...
Waste Management of Texas, Inc. v. Texas Disposal Systems Landfill, Inc.: Affirming Corporations' Right to Defamation Damages and Classifying Reputation Harm as Non-Economic

Waste Management of Texas, Inc. v. Texas Disposal Systems Landfill, Inc.: Affirming Corporations' Right to Defamation Damages and Classifying Reputation Harm as Non-Economic

Date: Jun 28, 2014
Waste Management of Texas, Inc. v. Texas Disposal Systems Landfill, Inc.: Affirming Corporations' Right to Defamation Damages and Classifying Reputation Harm as Non-Economic Introduction The case...
Duty of Care to Trespassers Limited to Gross Negligence: Texas Supreme Court Establishes New Precedent

Duty of Care to Trespassers Limited to Gross Negligence: Texas Supreme Court Establishes New Precedent

Date: Jun 28, 2014
Duty of Care to Trespassers Limited to Gross Negligence: Texas Supreme Court Establishes New Precedent Introduction In the landmark case of Philip Boerjan, Mestena Operating, LLC v. J. Jesus...
Kia Motors v. Ruiz: Reevaluating the Rebuttable Presumption under Tex. Civ. Prac. & Rem. Code §82.008

Kia Motors v. Ruiz: Reevaluating the Rebuttable Presumption under Tex. Civ. Prac. & Rem. Code §82.008

Date: Jun 28, 2014
Kia Motors v. Ruiz: Reevaluating the Rebuttable Presumption under Tex. Civ. Prac. & Rem. Code §82.008 Introduction The Supreme Court of Texas, in the 2014 case Kia Motors Corporation and Kia Motors...
Ensuring Appellant Access to Appellate Records in Anders Appeals: Insights from Syl v. Kelly

Ensuring Appellant Access to Appellate Records in Anders Appeals: Insights from Syl v. Kelly

Date: Jun 26, 2014
Ensuring Appellant Access to Appellate Records in Anders Appeals: Insights from Syl v. Kelly Introduction Syl v. Kelly, 436 S.W.3d 313 (Court of Criminal Appeals of Texas, 2014), addresses a critical...
Clarifying Ownership Liability: Supreme Court of Texas in GRAHAM CENTRAL STATION, Inc. v. Jesus PEÑA

Clarifying Ownership Liability: Supreme Court of Texas in GRAHAM CENTRAL STATION, Inc. v. Jesus PEÑA

Date: Jun 21, 2014
Clarifying Ownership Liability: Supreme Court of Texas in GRAHAM CENTRAL STATION, Inc. v. Jesus PEÑA Introduction The case of GRAHAM CENTRAL STATION, Inc. v. Jesus PEÑA (442 S.W.3d 261) adjudicated...
Texas Supreme Court Establishes Economic Loss Rule in Construction Negligence: LAN/STV v. Martin K. Eby Construction Co.

Texas Supreme Court Establishes Economic Loss Rule in Construction Negligence: LAN/STV v. Martin K. Eby Construction Co.

Date: Jun 21, 2014
Texas Supreme Court Establishes Economic Loss Rule in Construction Negligence: LAN/STV v. Martin K. Eby Construction Co. Introduction In the landmark case of LAN/STV, A Joint Venture of Lockwood,...
Texas Supreme Court Reverses Unconscionability Ruling on Arbitration Agreements Restricting Statutory Remedies

Texas Supreme Court Reverses Unconscionability Ruling on Arbitration Agreements Restricting Statutory Remedies

Date: Jun 14, 2014
Texas Supreme Court Reverses Unconscionability Ruling on Arbitration Agreements Restricting Statutory Remedies Introduction In the landmark case of VENTURE COTTON COOPERATIVE and Noble Americas Corp....
Reaffirming Standards for Terminating Parental Rights: In the Interest of J.D., a Child

Reaffirming Standards for Terminating Parental Rights: In the Interest of J.D., a Child

Date: Jun 11, 2014
Reaffirming Standards for Terminating Parental Rights: In the Interest of J.D., a Child Introduction The case of In the Interest of J.D., a Child adjudicated by the Court of Appeals of Texas, Houston...
Establishing Governmental Immunity for Intentional Torts: Texas Supreme Court Rules in City of Watauga v. Russell Gordon

Establishing Governmental Immunity for Intentional Torts: Texas Supreme Court Rules in City of Watauga v. Russell Gordon

Date: Jun 7, 2014
Establishing Governmental Immunity for Intentional Torts: Texas Supreme Court Rules in City of Watauga v. Russell Gordon Introduction In the landmark case The City of Watauga v. Russell Gordon, 434...
Affirming Termination of Parental Rights: Standards for Clear and Convincing Evidence under Tex. Fam. Code § 161.001

Affirming Termination of Parental Rights: Standards for Clear and Convincing Evidence under Tex. Fam. Code § 161.001

Date: Jun 7, 2014
Affirming Termination of Parental Rights: Standards for Clear and Convincing Evidence under Tex. Fam. Code § 161.001 Introduction The case of In the Interest of S.M.R., G.J.R. and C.N.R., Children,...
Implied Warranty of Merchantability in Used Goods: Extent and Implications

Implied Warranty of Merchantability in Used Goods: Extent and Implications

Date: Jun 7, 2014
Implied Warranty of Merchantability in Used Goods: Extent and Implications Introduction The case of MAN ENGINES & COMPONENTS, INC. and Man Nutzfahrzeuge Aktiengesellschaft v. Doug Shows (434 S.W.3d...
Clarification of the Election-of-Remedies Provision under the Texas Tort Claims Act

Clarification of the Election-of-Remedies Provision under the Texas Tort Claims Act

Date: Jun 7, 2014
Clarification of the Election-of-Remedies Provision under the Texas Tort Claims Act Introduction In Deputy Corey Alexander and Sergeant Jimmie Cook v. April Walker (435 S.W.3d 789, Supreme Court of...
Supreme Court of Texas Sets Precedent on 'Good Cause' Extensions and Waiver of Certificate of Merit Requirements under Tex. Civ. Prac. & Rem. Code §150.002 in Crosstex Energy v. Pro Plus

Supreme Court of Texas Sets Precedent on 'Good Cause' Extensions and Waiver of Certificate of Merit Requirements under Tex. Civ. Prac. & Rem. Code §150.002 in Crosstex Energy v. Pro Plus

Date: Jun 7, 2014
Supreme Court of Texas Sets Precedent on 'Good Cause' Extensions and Waiver of Certificate of Merit Requirements under Tex. Civ. Prac. & Rem. Code §150.002 in Crosstex Energy v. Pro Plus Introduction...
Reaffirming the Necessity of Probable Injury in Jury Misconduct: In re HEALTH CARE UNLIMITED, Inc. Analysis

Reaffirming the Necessity of Probable Injury in Jury Misconduct: In re HEALTH CARE UNLIMITED, Inc. Analysis

Date: Apr 26, 2014
Reaffirming the Necessity of Probable Injury in Jury Misconduct: In re HEALTH CARE UNLIMITED, Inc. Analysis Introduction The case of In re HEALTH CARE UNLIMITED, Inc. (429 S.W.3d 600) adjudicated by...
Application of Statute of Frauds' Suretyship Provision in Oral Agreements: Dynegy, Inc. v. Terry W. Yates

Application of Statute of Frauds' Suretyship Provision in Oral Agreements: Dynegy, Inc. v. Terry W. Yates

Date: Mar 22, 2014
Application of Statute of Frauds' Suretyship Provision in Oral Agreements: Dynegy, Inc. v. Terry W. Yates Introduction The case of Dynegy, Inc. v. Terry W. Yates, adjudicated by the Supreme Court of...
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