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Texas Case Commentaries

Texas Supreme Court Establishes Public Information Accessibility as a Bar to Fraudulent Concealment in Royalty Underpayment Cases

Texas Supreme Court Establishes Public Information Accessibility as a Bar to Fraudulent Concealment in Royalty Underpayment Cases

Date: Feb 18, 2012
Texas Supreme Court Establishes Public Information Accessibility as a Bar to Fraudulent Concealment in Royalty Underpayment Cases Introduction The case of Shell Oil Company; SWEPI LP d/b/a Shell...
Limitation on Recovery of Medical Expenses under Texas Civil Practice and Remedies Code Section 41.0105: Haygood v. De Escabedo

Limitation on Recovery of Medical Expenses under Texas Civil Practice and Remedies Code Section 41.0105: Haygood v. De Escabedo

Date: Jan 28, 2012
Limitation on Recovery of Medical Expenses under Texas Civil Practice and Remedies Code Section 41.0105: Haygood v. De Escabedo Introduction The case of Aaron Glenn Haygood v. Margarita Garza De...
Marsh USA Inc. v. Rex Cook: Enforceability of Noncompete Covenants Tied to Stock Options under Texas Law

Marsh USA Inc. v. Rex Cook: Enforceability of Noncompete Covenants Tied to Stock Options under Texas Law

Date: Dec 17, 2011
Marsh USA Inc. v. Rex Cook: Enforceability of Noncompete Covenants Tied to Stock Options under Texas Law Introduction The Supreme Court of Texas, in the noteworthy case of Marsh USA Inc., and Marsh &...
Interlineations in Form Insurance Policies Recognized as Intentional: Houston Exploration Co. v. Wellington Underwriting Agencies

Interlineations in Form Insurance Policies Recognized as Intentional: Houston Exploration Co. v. Wellington Underwriting Agencies

Date: Dec 17, 2011
Interlineations in Form Insurance Policies Recognized as Intentional: Houston Exploration Co. v. Wellington Underwriting Agencies Introduction The case of The Houston Exploration Co. and Offshore...
Texas Supreme Court Clarifies Firm vs. Individual Liability in Attorney Fee Agreements

Texas Supreme Court Clarifies Firm vs. Individual Liability in Attorney Fee Agreements

Date: Dec 17, 2011
Texas Supreme Court Clarifies Firm vs. Individual Liability in Attorney Fee Agreements Introduction In the landmark case Anglo–Dutch Petroleum International, Inc. v. Greenberg Peden, P.C. (352 S.W.3d...
Sharyland v. Alton: Expansion of Negligence Liability under the Economic Loss Rule in Texas

Sharyland v. Alton: Expansion of Negligence Liability under the Economic Loss Rule in Texas

Date: Dec 17, 2011
Sharyland v. Alton: Expansion of Negligence Liability under the Economic Loss Rule in Texas Introduction In the landmark case of Sharyland Water Supply Corporation v. City of Alton, the Supreme Court...
Franchise Tax Classification Under Entity Theory Upheld; Challenges to Bullock Amendment Denied by Supreme Court of Texas

Franchise Tax Classification Under Entity Theory Upheld; Challenges to Bullock Amendment Denied by Supreme Court of Texas

Date: Nov 29, 2011
Franchise Tax Classification Under Entity Theory Upheld; Challenges to Bullock Amendment Denied by Supreme Court of Texas Introduction In the seminal case of In re ALLCAT CLAIMS SERVICE, L.P. and...
Revisiting Deemed Admissions: Establishing Good Cause in Summary Judgments

Revisiting Deemed Admissions: Establishing Good Cause in Summary Judgments

Date: Oct 22, 2011
Revisiting Deemed Admissions: Establishing Good Cause in Summary Judgments Introduction The case of Lynda Marino v. Charles King, adjudicated by the Supreme Court of Texas on October 21, 2011,...
Robinson v. Parker: Supreme Court of Texas Reaffirms Ripeness and Standing Requirements for Ballot Initiative Enforcement

Robinson v. Parker: Supreme Court of Texas Reaffirms Ripeness and Standing Requirements for Ballot Initiative Enforcement

Date: Oct 22, 2011
Robinson v. Parker: Supreme Court of Texas Reaffirms Ripeness and Standing Requirements for Ballot Initiative Enforcement Introduction Robinson v. Parker is a pivotal case decided by the Supreme...
Sovereign Immunity and Declaratory Judgments under the UDJA: Analysis of Texas Dept. of Transportation v. Roger Sefzik

Sovereign Immunity and Declaratory Judgments under the UDJA: Analysis of Texas Dept. of Transportation v. Roger Sefzik

Date: Oct 22, 2011
Sovereign Immunity and Declaratory Judgments under the UDJA: Analysis of Texas Department of Transportation v. Roger Sefzik Introduction Texas Department of Transportation v. Roger Sefzik (355 S.W.3d...
Texas Supreme Court Mandates Redacted Disclosure of Administrative Orders under TPIA

Texas Supreme Court Mandates Redacted Disclosure of Administrative Orders under TPIA

Date: Oct 1, 2011
Texas Supreme Court Mandates Redacted Disclosure of Administrative Orders under TPIA Introduction In the landmark case of Samuel T. Jackson v. State Office of Administrative Hearings, the Supreme...
Governmental Immunity and Contractual Claims: Comprehensive Analysis of CITY OF DALLAS v. ALBERT et al.

Governmental Immunity and Contractual Claims: Comprehensive Analysis of CITY OF DALLAS v. ALBERT et al.

Date: Aug 27, 2011
Governmental Immunity and Contractual Claims: Comprehensive Analysis of CITY OF DALLAS v. ALBERT et al. Introduction The case of City of Dallas, Petitioner, v. Kenneth E. Albert et al. (354 S.W.3d...
Defining 'Prevailing Party' in Nonsuit Scenarios: Texas Supreme Court Establishes New Standards for Attorney's Fees

Defining 'Prevailing Party' in Nonsuit Scenarios: Texas Supreme Court Establishes New Standards for Attorney's Fees

Date: Aug 27, 2011
Defining 'Prevailing Party' in Nonsuit Scenarios: Texas Supreme Court Establishes New Standards for Attorney's Fees Introduction The case of Christopher N. Epps and Laura L. Epps v. Bruce Fowler, Jr....
Employer Liability and Vicarious Liability in Negligent Entrustment: Analysis of G & H Towing Company v. Magee

Employer Liability and Vicarious Liability in Negligent Entrustment: Analysis of G & H Towing Company v. Magee

Date: Aug 27, 2011
Employer Liability and Vicarious Liability in Negligent Entrustment: Analysis of G & H Towing Company v. Magee Introduction The case G & H Towing Company, et al. v. Cory Wayne Magee, et al. (347...
Sovereign Immunity Limits on Declaratory Judgments in Navigability Disputes: Texas Supreme Court in Texas Parks and Wildlife Department v. Sawyer Trust

Sovereign Immunity Limits on Declaratory Judgments in Navigability Disputes: Texas Supreme Court in Texas Parks and Wildlife Department v. Sawyer Trust

Date: Aug 27, 2011
Sovereign Immunity Limits on Declaratory Judgments in Navigability Disputes: Texas Supreme Court in Texas Parks and Wildlife Department v. Sawyer Trust Introduction The case of Texas Parks and...
Voter Standing in Election Technology Cases: ANDRADE v. NAACP OF AUSTIN

Voter Standing in Election Technology Cases: ANDRADE v. NAACP OF AUSTIN

Date: Jul 2, 2011
Voter Standing in Election Technology Cases: ANDRADE v. NAACP OF AUSTIN Introduction The case of Esperanza Andrade, Secretary of State for Texas, Petitioner, v. NAACP of Austin, Nelson Linder, Sonia...
Establishing Limits on Corporate Vicarious Liability and Evidentiary Standards for Mental Anguish: Insights from Service Corporation International v. Guerra

Establishing Limits on Corporate Vicarious Liability and Evidentiary Standards for Mental Anguish: Insights from Service Corporation International v. Guerra

Date: Jun 18, 2011
Establishing Limits on Corporate Vicarious Liability and Evidentiary Standards for Mental Anguish: Insights from Service Corporation International v. Guerra Introduction The Supreme Court of Texas,...
Texas Supreme Court Rules Against Disparate Impact Liability in Insurance Pricing Through Credit Scoring

Texas Supreme Court Rules Against Disparate Impact Liability in Insurance Pricing Through Credit Scoring

Date: May 28, 2011
Texas Supreme Court Rules Against Disparate Impact Liability in Insurance Pricing Through Credit Scoring Introduction In the case of Patrick O. Ojo, on behalf of himself and all others similarly...
TGS-NOPEC v. COMBS: Reinterpreting Franchise Tax Apportionment for Intangible Asset Licensing

TGS-NOPEC v. COMBS: Reinterpreting Franchise Tax Apportionment for Intangible Asset Licensing

Date: May 28, 2011
TGS-NOPEC v. COMBS: Reinterpreting Franchise Tax Apportionment for Intangible Asset Licensing Introduction The Supreme Court of Texas addressed a pivotal franchise tax dispute in the case of...
IN RE REECE: Texas Supreme Court Limits Contempt Power for Deposition Perjury and Affirms Mandamus Jurisdiction

IN RE REECE: Texas Supreme Court Limits Contempt Power for Deposition Perjury and Affirms Mandamus Jurisdiction

Date: May 28, 2011
IN RE REECE: Texas Supreme Court Limits Contempt Power for Deposition Perjury and Affirms Mandamus Jurisdiction 1. Introduction In re Coy Reece, Relator. (341 S.W.3d 360), adjudicated by the Supreme...
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