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  • Commentaries
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Texas Case Commentaries

Mandamus Review as the Sole Appellate Remedy for Arbitrator Appointments under Texas Civil Practice and Remedies Code §51.016

Mandamus Review as the Sole Appellate Remedy for Arbitrator Appointments under Texas Civil Practice and Remedies Code §51.016

Date: May 28, 2011
Mandamus Review as the Sole Appellate Remedy for Arbitrator Appointments under Texas Civil Practice and Remedies Code §51.016 Introduction The case CMH Homes, Inc. v. Adam Perez (340 S.W.3d 444,...
Expanded Judicial Review in Arbitration Agreements Under TAA: Texas Supreme Court Establishes Enforceability

Expanded Judicial Review in Arbitration Agreements Under TAA: Texas Supreme Court Establishes Enforceability

Date: May 14, 2011
Expanded Judicial Review in Arbitration Agreements Under TAA: Texas Supreme Court Establishes Enforceability Introduction In NAFTA Traders, Inc. v. Margaret A. Quinn (339 S.W.3d 84, 2011), the...
Enforceability of Verified Photocopies in Tax Lien Transfers: Genesis Tax Loan Services, Inc. v. Kothmann

Enforceability of Verified Photocopies in Tax Lien Transfers: Genesis Tax Loan Services, Inc. v. Kothmann

Date: May 14, 2011
Enforceability of Verified Photocopies in Tax Lien Transfers: Genesis Tax Loan Services, Inc. v. Kothmann Introduction In Genesis Tax Loan Services, Inc., and M. Suzanne Frossard, Trustee,...
Limiting the Discovery Rule and Affirming Adverse Possession in Oil and Gas Leases: Insights from BP AMERICA PRODUCTION CO. v. MARSHALL Family

Limiting the Discovery Rule and Affirming Adverse Possession in Oil and Gas Leases: Insights from BP AMERICA PRODUCTION CO. v. MARSHALL Family

Date: May 14, 2011
Limiting the Discovery Rule and Affirming Adverse Possession in Oil and Gas Leases: Insights from BP AMERICA PRODUCTION CO. v. MARSHALL Family Introduction The case of BP America Production Company,...
Waiver of Appraisal Clauses Requires Conduct Indicating Waiver and Demonstrated Prejudice

Waiver of Appraisal Clauses Requires Conduct Indicating Waiver and Demonstrated Prejudice

Date: May 7, 2011
Waiver of Appraisal Clauses Requires Conduct Indicating Waiver and Demonstrated Prejudice Introduction The case of In re UNIVERSAL UNDERWRITERS OF TEXAS INSURANCE COMPANY, Relator. (345 S.W.3d 404)...
Non-Jurisdictional Notice Requirements Affirmed in ROCCAFORTE v. JEFFERSON COUNTY

Non-Jurisdictional Notice Requirements Affirmed in ROCCAFORTE v. JEFFERSON COUNTY

Date: Apr 30, 2011
Non-Jurisdictional Notice Requirements Affirmed in ROCCAFORTE v. JEFFERSON COUNTY Introduction In Larry ROCCAFORTE v. JEFFERSON COUNTY, 341 S.W.3d 919 (Tex. 2011), the Supreme Court of Texas...
Amendment to Chapter 504 Revokes Waiver of Governmental Immunity for Retaliatory Discharge Claims under Chapter 451

Amendment to Chapter 504 Revokes Waiver of Governmental Immunity for Retaliatory Discharge Claims under Chapter 451

Date: Apr 30, 2011
Amendment to Chapter 504 Revokes Waiver of Governmental Immunity for Retaliatory Discharge Claims under Chapter 451 Introduction In Travis Central Appraisal District v. Diane Lee Norman, 342 S.W.3d...
Texas Supreme Court Establishes Limits on Third-Party Beneficiary Claims in Oil & Gas Joint Operating Agreements

Texas Supreme Court Establishes Limits on Third-Party Beneficiary Claims in Oil & Gas Joint Operating Agreements

Date: Apr 16, 2011
Texas Supreme Court Establishes Limits on Third-Party Beneficiary Claims in Oil & Gas Joint Operating Agreements Introduction The case O. Lee Tawes, III, Appellant, v. Doris Barnes, Individually and...
Texas Supreme Court Rules Intent to Avoid Child Support Unnecessary for Earning Potential Calculations

Texas Supreme Court Rules Intent to Avoid Child Support Unnecessary for Earning Potential Calculations

Date: Apr 16, 2011
Texas Supreme Court Rules Intent to Avoid Child Support Unnecessary for Earning Potential Calculations Introduction The case of James Derwood Iliff v. Jerilyn Trije Iliff adjudicated by the Supreme...
Affirming Fraudulent Inducement Claims Despite Standard Merger Clauses in Commercial Leases

Affirming Fraudulent Inducement Claims Despite Standard Merger Clauses in Commercial Leases

Date: Apr 16, 2011
Affirming Fraudulent Inducement Claims Despite Standard Merger Clauses in Commercial Leases Introduction The Supreme Court of Texas, in Italian Cowboy Partners, Ltd. v. The Prudential Insurance...
Exxon Corporation v. Emerald Oil Gas Co.: Key Rulings on Statute of Limitations and Lease Development Obligations in Texas Oil and Gas Law

Exxon Corporation v. Emerald Oil Gas Co.: Key Rulings on Statute of Limitations and Lease Development Obligations in Texas Oil and Gas Law

Date: Apr 2, 2011
Exxon Corporation v. Emerald Oil Gas Co.: Key Rulings on Statute of Limitations and Lease Development Obligations in Texas Oil and Gas Law Introduction The case of Exxon Corporation and Exxon Texas,...
Waiver of Governmental Immunity in Contractual Claims: CITY OF HOUSTON v. WILLIAMS

Waiver of Governmental Immunity in Contractual Claims: CITY OF HOUSTON v. WILLIAMS

Date: Mar 19, 2011
Waiver of Governmental Immunity in Contractual Claims: CITY OF HOUSTON v. WILLIAMS Introduction In the landmark case of The City of Houston v. Steve Williams, et al., decided by the Supreme Court of...
Judicial Deference to Railroad Commission's Interpretation of "Public Interest" in Injection Well Permits

Judicial Deference to Railroad Commission's Interpretation of "Public Interest" in Injection Well Permits

Date: Mar 12, 2011
Judicial Deference to Railroad Commission's Interpretation of "Public Interest" in Injection Well Permits Introduction In the landmark case of Railroad Commission of Texas and Pioneer Exploration,...
Reid Road MUD No. 2 v. Speedy Stop: Defining the Property Owner Rule and Admissibility of Condemnation Evidence in Texas

Reid Road MUD No. 2 v. Speedy Stop: Defining the Property Owner Rule and Admissibility of Condemnation Evidence in Texas

Date: Mar 12, 2011
Reid Road MUD No. 2 v. Speedy Stop: Defining the Property Owner Rule and Admissibility of Condemnation Evidence in Texas Introduction Reid Road Municipal Utility District No. 2 v. Speedy Stop Food...
Non-Signatories' Right to Compel Arbitration: In re Joseph Charles Rubiola et al., Relators

Non-Signatories' Right to Compel Arbitration: In re Joseph Charles Rubiola et al., Relators

Date: Mar 12, 2011
Non-Signatories' Right to Compel Arbitration: In re Joseph Charles Rubiola et al., Relators Introduction The case of In re Joseph Charles Rubiola et al., Relators. (334 S.W.3d 220) adjudicated by the...
Finality of Property Division in Divorce Decrees: Texas Supreme Court Upholds Presumption of Community Property

Finality of Property Division in Divorce Decrees: Texas Supreme Court Upholds Presumption of Community Property

Date: Mar 12, 2011
Finality of Property Division in Divorce Decrees: Texas Supreme Court Upholds Presumption of Community Property Introduction Rita Lackey Fillingim Pearson v. Willis Dan Fillingim, 332 S.W.3d 361...
Discretion in Granting Extensions for Deficient Expert Reports in Texas Medical Liability Claims: Samlowski v. Wooten

Discretion in Granting Extensions for Deficient Expert Reports in Texas Medical Liability Claims: Samlowski v. Wooten

Date: Feb 26, 2011
Discretion in Granting Extensions for Deficient Expert Reports in Texas Medical Liability Claims: Samlowski v. Wooten Introduction In the landmark case of Eberhard Samlowski, M.D., Petitioner, v....
Strict Enforcement of the 120-Day Expert Report Deadline in Health Care Liability Claims: Insights from Stockton v. Offenbach

Strict Enforcement of the 120-Day Expert Report Deadline in Health Care Liability Claims: Insights from Stockton v. Offenbach

Date: Feb 26, 2011
Strict Enforcement of the 120-Day Expert Report Deadline in Health Care Liability Claims: Insights from Stockton v. Offenbach Introduction The case of Debbie Stockton v. Howard A. Offenbach, M.D.,...
Two-Year Limitations Period in Health Care Liability Claims Prevails Over Joinder Provisions

Two-Year Limitations Period in Health Care Liability Claims Prevails Over Joinder Provisions

Date: Jan 22, 2011
Two-Year Limitations Period in Health Care Liability Claims Prevails Over Joinder Provisions Introduction The Supreme Court of Texas, in the case of Jeremy Molinet, Petitioner, v. Patrick Kimbrell,...
Establishing the Scope of Governmental Immunity: FRANKA v. VELASQUEZ and Alaniz

Establishing the Scope of Governmental Immunity: FRANKA v. VELASQUEZ and Alaniz

Date: Jan 22, 2011
Establishing the Scope of Governmental Immunity: FRANKA v. VELASQUEZ and Alaniz Introduction The case of John Christopher Franka, M.D., and Nagakrishna Reddy, M.D., Petitioners v. Stacey Velasquez...
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