Texas Case Commentaries

Implied Ratification in Oil and Gas Lease Agreements: A Critical Analysis of BPX v. Strickhausen

Date: Jun 12, 2021

Implied Ratification in Oil and Gas Lease Agreements: A Critical Analysis of BPX v. Strickhausen Introduction The case of BPX Operating Company, et al. v. Margaret Ann Strickhausen (629 S.W.3d 189)...

Supreme Court of Texas Reinforces Actual Public Ownership Requirement for Tax Exemption in Odyssey 2020 Academy Case

Date: Jun 12, 2021

Supreme Court of Texas Reinforces Actual Public Ownership Requirement for Tax Exemption in Odyssey 2020 Academy Case Introduction Odyssey 2020 Academy, Inc. v. Galveston Central Appraisal District is...

Texas Supreme Court Clarifies Burden of Proof in Summary Judgment: Unsound-Mind Tolling in Draughon v. Johnson

Date: Jun 12, 2021

Texas Supreme Court Clarifies Burden of Proof in Summary Judgment: Unsound-Mind Tolling in Draughon v. Johnson Introduction The case of Rodney Draughon v. Joycie Johnson, reported at 631 S.W.3d 81...

Affirmation of Nonspecific Visitation Orders Under Texas Family Code sections 153.006(c) and 153.193

Date: Jun 5, 2021

Affirmation of Nonspecific Visitation Orders Under Texas Family Code sections 153.006(c) and 153.193 Introduction The case of In the Interest of J.J.R.S. and L.J.R.S., Children (No. 20-0175),...

Kathleen Powell & Paul Luccia v. City of Houston: Redefining Zoning through Historic Preservation

Date: Jun 5, 2021

Kathleen Powell & Paul Luccia v. City of Houston: Redefining Zoning through Historic Preservation Introduction In the landmark case of Kathleen Powell & Paul Luccia v. City of Houston, the Supreme...

Texas Supreme Court Sets New Precedent on Defamation Mitigation under DMA

Date: Jun 5, 2021

Texas Supreme Court Sets New Precedent on Defamation Mitigation under DMA Introduction Lemuel David Hogan, an executive pastor from Houston, filed a defamation lawsuit against his ex-wife, Stephanie...

Aerotek v. Boyd: Affirming the Enforceability of Electronically Signed Arbitration Agreements

Date: May 29, 2021

Aerotek v. Boyd: Affirming the Enforceability of Electronically Signed Arbitration Agreements Introduction In the landmark case Aerotek, Inc. v. Lerone Boyd et al., the Supreme Court of Texas...

Mandamus Relief in Discovery of Medical Negotiated Rates: In re K & L Auto Crushers, LLC

Date: May 29, 2021

Mandamus Relief in Discovery of Medical Negotiated Rates: In re K & L Auto Crushers, LLC Introduction The Supreme Court of Texas, in the case In re K & L Auto Crushers, LLC and Thomas Gothard, Jr.,...

Texas Supreme Court's 38th Emergency Order: Comprehensive Guidelines for Court Operations Amid the COVID-19 Pandemic

Date: May 27, 2021

Texas Supreme Court's 38th Emergency Order: Comprehensive Guidelines for Court Operations Amid the COVID-19 Pandemic Introduction The COVID-19 pandemic has posed unprecedented challenges to all...

Declaratory Judgment as a Remedy for Underinsured Motorist Claims: Allstate Ins. Co. v. Irwin

Date: May 22, 2021

Declaratory Judgment as a Remedy for Underinsured Motorist Claims: Allstate Insurance Company v. Irwin Introduction In the landmark case Allstate Insurance Company v. Daniel Wes Irwin, 627 S.W.3d 263...

Strict Scrutiny in Termination of Parental Rights: A Comprehensive Commentary on In the Interest of J.F.-G., A Child

Date: May 22, 2021

Strict Scrutiny in Termination of Parental Rights: A Comprehensive Commentary on In the Interest of J.F.-G., A Child (627 S.W.3d 304) Introduction The case of In the Interest of J.F.-G., A Child (627...

Expansion of Attorney Immunity to Business Transactions in Texas: Analysis of Haynes and Boone v. NFTD

Date: May 22, 2021

Expansion of Attorney Immunity to Business Transactions in Texas: Analysis of Haynes and Boone v. NFTD Introduction In the landmark case of Haynes and Boone, LLP and Arthur L. Howard v. NFTD, LLC...

Judicial-Proceedings Privilege and Attorney Immunity Limited in Pre-Suit Publicity: LANDRY'S v. ALDF

Date: May 22, 2021

Judicial-Proceedings Privilege and Attorney Immunity Limited in Pre-Suit Publicity: LANDRY'S v. ALDF Introduction The case of Landry's, Inc. and Houston Aquarium, Inc. v. Animal Legal Defense Fund,...

Partial Expunction of Arrest Records for Individual Misdemeanor Offenses under Article 55.01(a)(2) of the Texas Code of Criminal Procedure

Date: May 15, 2021

Partial Expunction of Arrest Records for Individual Misdemeanor Offenses under Article 55.01(a)(2) of the Texas Code of Criminal Procedure Introduction The case of Ex Parte R.P.G.P. (623 S.W.3d 313),...

Ensuring Assignee Protections in Deed Corrections: A Comprehensive Analysis of Broadway National Bank v. Yates Energy Corporation

Date: May 15, 2021

Ensuring Assignee Protections in Deed Corrections: A Comprehensive Analysis of Broadway National Bank v. Yates Energy Corporation Introduction The case of Broadway National Bank, Trustee of the Mary...

Accrual of Claims Under the Legal Injury Rule: Regency Field Services v. Swift Energy Operating

Date: May 8, 2021

Accrual of Claims Under the Legal Injury Rule: Regency Field Services v. Swift Energy Operating Introduction Regency Field Services, LLC, et al. v. Swift Energy Operating, LLC, 622 S.W.3d 807 (Tex....

Clarifying the Duty of Care of General Contractors: Control Over Means and Methods Essential for Liability – JLB Builders v. Hernandez

Date: May 8, 2021

Clarifying the Duty of Care of General Contractors: Control Over Means and Methods Essential for Liability – JLB Builders v. Hernandez Introduction The case of JLB Builders, L.L.C. v. Jose Hernandez...

Licensee vs. Invitee Status in Premises Liability: Insights from CATHOLIC DIOCESE OF EL PASO v. Porter

Date: May 8, 2021

Licensee vs. Invitee Status in Premises Liability: Insights from CATHOLIC DIOCESE OF EL PASO v. Porter Introduction The case of CATHOLIC DIOCESE OF EL PASO (SAN LORENZO CHURCH) v. RITA PORTER et al....

Re Defining Expert Qualifications in Counteraffidavits under Civil Practice and Remedies Code § 18.001: Analysis of In re Allstate Indemnity Company

Date: May 8, 2021

Re Defining Expert Qualifications in Counteraffidavits under Civil Practice and Remedies Code § 18.001: Analysis of In re Allstate Indemnity Company Introduction The Supreme Court of Texas, in the...

TCPA Dismissal Period in Amended Petitions: Montelongo v. Abrea Establishes New Precedent

Date: May 1, 2021

TCPA Dismissal Period in Amended Petitions: Montelongo v. Abrea Establishes New Precedent Introduction The case of Armand Montelongo, Jr., Real Estate Training International, LLC, Performance...