Texas Case Commentaries

Enhancing Judicial Flexibility: Texas Supreme Court's 36th Emergency COVID-19 Order

Date: Mar 6, 2021

Enhancing Judicial Flexibility: Texas Supreme Court's 36th Emergency COVID-19 Order Introduction In response to the ongoing challenges posed by the COVID-19 pandemic, the Supreme Court of Texas...

Adverse Possession Affirmed in Trespass-to-Try Title Action: Brumley v. McDuff Comprehensive Commentary

Date: Feb 6, 2021

Adverse Possession Affirmed in Trespass-to-Try Title Action: Brumley v. McDuff Comprehensive Commentary Introduction The case of Andy Brumley and Sheri Brumley v. Richard Howard McDuff and Sara...

Limiting the Scope of Chiropractic Practice: A Judicial Perspective

Date: Jan 30, 2021

Limiting the Scope of Chiropractic Practice: A Judicial Perspective Introduction The case of TEXAS BOARD OF CHIROPRACTIC EXAMINERS; PATRICK FORTNER, IN HIS OFFICIAL CAPACITY AS THE BOARD'S EXECUTIVE...

Clarity Required in Court Orders for Contempt Enforcement: Insights from In re Pamela Janson

Date: Dec 19, 2020

Clarity Required in Court Orders for Contempt Enforcement: Insights from In re Pamela Janson Introduction The case of In re Pamela Janson, Relator (614 S.W.3d 724) adjudicated by the Supreme Court of...

Ambiguity in Accumulation of Unused Days in Oil and Gas Leases: The Texas Supreme Court in Endeavor v. Energen

Date: Dec 19, 2020

Ambiguity in Accumulation of Unused Days in Oil and Gas Leases: The Texas Supreme Court in Endeavor v. Energen Introduction The case of Endeavor Energy Resources, L.P. v. Energen Resources...

Enhancing Appellate Review Standards: Supreme Court of Texas Reverses Lower Court in Lion Copolymer Holdings v. Lion Polymers

Date: Dec 19, 2020

Enhancing Appellate Review Standards: Supreme Court of Texas Reverses Lower Court in Lion Copolymer Holdings v. Lion Polymers Introduction Lion Copolymer Holdings, LLC v. Lion Polymers, LLC is a...

Clarifying Factual-Sufficiency Standards in Sexually Violent Predator Commitments

Date: Dec 19, 2020

Clarifying Factual-Sufficiency Standards in Sexually Violent Predator Commitments Introduction The case of In Re Commitment of Jeffery Lee Stoddard (619 S.W.3d 665) adjudicated by the Supreme Court...

Defining Duty of Care in Independent Contractor Relationships: Insights from AEP Texas Central Co. v. Marta Arredondo

Date: Nov 21, 2020

Defining Duty of Care in Independent Contractor Relationships: Insights from AEP Texas Central Co. v. Marta Arredondo Introduction The case of AEP Texas Central Company and T&D Solutions, LLC v....

Strict Compliance in Substitute Service: Insights from Spanton v. Bellah

Date: Nov 21, 2020

Strict Compliance in Substitute Service: Insights from Spanton v. Bellah Introduction The case of Matthew M. Spanton and Elisha Spanton d/b/a Hill Country Kennels, Petitioners, v. Pamela S. Bellah,...

Prima Facie Evidence Essential for Waiving Sovereign Immunity in Age Discrimination Claims

Date: Nov 21, 2020

Prima Facie Evidence Essential for Waiving Sovereign Immunity in Age Discrimination Claims Introduction In the case of TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER-EL PASO v. Loretta K. Flores (612...

Texas Supreme Court Reaffirms Substantial-Certainty Test for Intentional Injury Claims in Berkel & Company Contractors, Inc. v. Tyler Lee

Date: Nov 21, 2020

Texas Supreme Court Reaffirms Substantial-Certainty Test for Intentional Injury Claims in Berkel & Company Contractors, Inc. v. Tyler Lee Introduction The Supreme Court of Texas, in the case of...

Limitation of Governmental Immunity Waiver to Statutory Remedies: Insights from Carowest Land, Ltd. v. City of New Braunfels

Date: Nov 21, 2020

Limitation of Governmental Immunity Waiver to Statutory Remedies: Insights from Carowest Land, Ltd. v. City of New Braunfels Introduction In the case of Carowest Land, Ltd. v. City of New Braunfels,...

Texas Supreme Court Affirms Governor's Authority to Modify Election Procedures Amidst Disaster Without Violating Voting Rights

Date: Oct 28, 2020

Texas Supreme Court Affirms Governor's Authority to Modify Election Procedures Amidst Disaster Without Violating Voting Rights Introduction In the landmark case GREG ABBOTT, IN HIS OFFICIAL CAPACITY...

Fleming v. Wilson: Supreme Court Upholds Authentication Standards for Summary Judgment under Rule 901

Date: Oct 10, 2020

Fleming v. Wilson: Supreme Court Upholds Authentication Standards for Summary Judgment under Rule 901 Introduction Case: George Fleming and Fleming & Associates, L.L.P., Petitioners v. Rebecca...

ADA Preemption of State Reimbursement Schemes: Insights from Justice Green's Dissent in Texas Mutual Insurance Co. v. PHI Air Medical, LLC

Date: Jun 27, 2020

ADA Preemption of State Reimbursement Schemes: Insights from Justice Green's Dissent in Texas Mutual Insurance Co. v. PHI Air Medical, LLC Introduction The case of Texas Mutual Insurance Company et...

Texas Supreme Court Clarifies Distinction Between Defamation and Business Disparagement in Corporate Litigation

Date: Jun 27, 2020

Texas Supreme Court Clarifies Distinction Between Defamation and Business Disparagement in Corporate Litigation Introduction The Innovative Block of South Texas, Ltd. v. Valley Builders Supply, Inc....

Clarifying Supersedeas Bonds: Haedge v. Central Texas Cattlemen's Association

Date: Jun 27, 2020

Clarifying Supersedeas Bonds: Haedge v. Central Texas Cattlemen's Association Introduction Haedge v. Central Texas Cattlemen's Association, 603 S.W.3d 824 (Tex. 2020), is a significant Supreme Court...

Texas Supreme Court Establishes Asymmetrical Jury Verdict Requirements in Civil Commitment Proceedings

Date: Jun 20, 2020

Texas Supreme Court Establishes Asymmetrical Jury Verdict Requirements in Civil Commitment Proceedings Introduction The case In re Commitment of Gregory A. Jones (602 S.W.3d 908) adjudicated by the...

Limitation of Liability in Special Warranty Deeds: Insights from Chicago Title Insurance Co. v. Cochran Investments, Inc.

Date: Jun 20, 2020

Limitation of Liability in Special Warranty Deeds: Insights from Chicago Title Insurance Co. v. Cochran Investments, Inc. Introduction Chicago Title Insurance Company filed a lawsuit against Cochran...

Limited Partners Lack Standing to Sue Directly for Partnership Injuries: Texas Supreme Court Establishes Precedent

Date: Jun 20, 2020

Limited Partners Lack Standing to Sue Directly for Partnership Injuries: Texas Supreme Court Establishes Precedent Introduction In the case of Clinton W. ("Buddy") Pike, Sr., Daniel L. Walker, W....