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  • Commentaries
  • Judgments

Texas Case Commentaries

Priority of Timeliness Over Adequacy in Expert Reports: Texas Supreme Court in ROSEMOND v. AL-LAHIQ

Priority of Timeliness Over Adequacy in Expert Reports: Texas Supreme Court in ROSEMOND v. AL-LAHIQ

Date: Jan 22, 2011
Priority of Timeliness Over Adequacy in Expert Reports: Texas Supreme Court in ROSEMOND v. AL-LAHIQ Introduction In the landmark case Ulysses L. Rosemond v. Maha Khalifa Al-Lahiq, M.D., decided by...
Affirming On-Duty Status of Off-Duty Police Officers in Assault Cases: Ja v. Polk

Affirming On-Duty Status of Off-Duty Police Officers in Assault Cases: Ja v. Polk

Date: Dec 24, 2010
Affirming On-Duty Status of Off-Duty Police Officers in Assault Cases: Ja v. Polk Introduction In the case of Javior Polk v. State of Texas, the Court of Appeals of Texas, Eleventh District,...
Broad Application of Contractual Liability Exclusion in CGL Policies: Gilbert Texas Construction v. Underwriters at Lloyd's London

Broad Application of Contractual Liability Exclusion in CGL Policies: Gilbert Texas Construction v. Underwriters at Lloyd's London

Date: Dec 18, 2010
Broad Application of Contractual Liability Exclusion in CGL Policies: Gilbert Texas Construction v. Underwriters at Lloyd's London Introduction In Gilbert Texas Construction, L.P. v. Underwriters at...
YAMADA v. FRIEND: Enforcement of the Texas Medical Liability Act Against Claim Splitting

YAMADA v. FRIEND: Enforcement of the Texas Medical Liability Act Against Claim Splitting

Date: Dec 18, 2010
YAMADA v. FRIEND: Enforcement of the Texas Medical Liability Act Against Claim Splitting Introduction The case of Roy Kenji YAMADA, M.D., Petitioner, v. Laura FRIEND presents a pivotal decision by...
Federal Safety Standards Do Not Preempt State Common Law in Motorcoach Design Liability

Federal Safety Standards Do Not Preempt State Common Law in Motorcoach Design Liability

Date: Dec 18, 2010
Federal Safety Standards Do Not Preempt State Common Law in Motorcoach Design Liability Introduction The case of MCI Sales and Service, Inc., f/k/a Hausman Bus Sales, Inc. v. James Hinton addresses...
Defining 'Good Faith Report' under Texas Whistleblower Act: Supreme Court of Texas in CITY OF ELSA v. GONZALEZ

Defining 'Good Faith Report' under Texas Whistleblower Act: Supreme Court of Texas in CITY OF ELSA v. GONZALEZ

Date: Dec 18, 2010
Defining 'Good Faith Report' under Texas Whistleblower Act: Supreme Court of Texas in CITY OF ELSA v. GONZALEZ Introduction City of Elsa, Texas v. Joel Homer Gonzalez, 325 S.W.3d 622 (Tex. 2010), is...
Mandamus Relief in Grandparent Access: In re Richard Scheller

Mandamus Relief in Grandparent Access: In re Richard Scheller

Date: Dec 11, 2010
Mandamus Relief in Grandparent Access: In re Richard Scheller Introduction In re Richard Scheller, Relator (325 S.W.3d 640) is a landmark decision by the Supreme Court of Texas addressing the...
Limitations on Sovereign Immunity in Premises Liability: University of Texas at Austin v. Robert Hayes

Limitations on Sovereign Immunity in Premises Liability: University of Texas at Austin v. Robert Hayes

Date: Dec 4, 2010
Limitations on Sovereign Immunity in Premises Liability: University of Texas at Austin v. Robert Hayes Introduction University of Texas at Austin v. Robert Hayes is a pivotal case adjudicated by the...
Liens and Contractual Obligations: A New Precedent in Construction Law

Liens and Contractual Obligations: A New Precedent in Construction Law

Date: Dec 4, 2010
Liens and Contractual Obligations: A New Precedent in Construction Law Introduction The case of Solar Applications Engineering, Inc. v. T.A. Operating Corporation, adjudicated by the Supreme Court of...
Modification of Aggravated Kidnapping Conviction Due to Insufficient Evidence of Deadly Weapon Use

Modification of Aggravated Kidnapping Conviction Due to Insufficient Evidence of Deadly Weapon Use

Date: Dec 4, 2010
Modification of Aggravated Kidnapping Conviction Due to Insufficient Evidence of Deadly Weapon Use Introduction In the landmark case of Eduardo Garduno Hernandez v. The State of Texas (328 S.W.3d...
Enhanced Standards for Expert Testimony in Medical Malpractice: Analysis of Casas v. Rio Grande Hospital

Enhanced Standards for Expert Testimony in Medical Malpractice: Analysis of Casas v. Rio Grande Hospital

Date: Dec 4, 2010
Enhanced Standards for Expert Testimony in Medical Malpractice: Analysis of Casas v. Rio Grande Regional Hospital Introduction The case of Michael T. Jelinek, M.D. and Columbia Rio Grande Healthcare,...
Strengthening Consumer Rights: Checkredi of Kentucky LLC's Violations under the Fair Debt Collection Practices Act

Strengthening Consumer Rights: Checkredi of Kentucky LLC's Violations under the Fair Debt Collection Practices Act

Date: Nov 18, 2010
Strengthening Consumer Rights: Checkredi of Kentucky LLC's Violations under the Fair Debt Collection Practices Act Introduction In the case of Anthony J. Allen v. Checkredi of Kentucky, LLC,...
Enforceability of Arbitration Agreements in At-Will Employment: The Boot Jack Decision

Enforceability of Arbitration Agreements in At-Will Employment: The Boot Jack Decision

Date: Oct 23, 2010
Enforceability of Arbitration Agreements in At-Will Employment: The Boot Jack Decision Introduction IN RE 24R, INC., d/b/a The Boot Jack, Relator. (324 S.W.3d 564) is a landmark employment...
University of Texas Southwestern Medical Center v. Arancibia: Clarifying Notice Requirements and Interlocutory Appeals in Tort Claims

University of Texas Southwestern Medical Center v. Arancibia: Clarifying Notice Requirements and Interlocutory Appeals in Tort Claims

Date: Oct 23, 2010
University of Texas Southwestern Medical Center v. Arancibia: Clarifying Notice Requirements and Interlocutory Appeals in Tort Claims Introduction The Supreme Court of Texas, in the case of...
Texas Supreme Court Upholds PUC's Authority to Recover Interest and Valuation-Panel Fees on Competition Transition Charges

Texas Supreme Court Upholds PUC's Authority to Recover Interest and Valuation-Panel Fees on Competition Transition Charges

Date: Oct 23, 2010
Texas Supreme Court Upholds PUC's Authority to Recover Interest and Valuation-Panel Fees on Competition Transition Charges Introduction The case Texas Industrial Energy Consumers v. CenterPoint...
Sanctions After Formal Proceedings: Texas Supreme Court Establishes Clear Guidelines in In re Honorable Sharon Keller

Sanctions After Formal Proceedings: Texas Supreme Court Establishes Clear Guidelines in In re Honorable Sharon Keller

Date: Oct 12, 2010
Sanctions After Formal Proceedings: Texas Supreme Court Establishes Clear Guidelines in In re Honorable Sharon Keller Introduction The case titled In re Honorable Sharon Keller, Presiding Judge of...
Texas Lottery Commission v. First State Bank: UCC Preempts Lottery Act Assignments

Texas Lottery Commission v. First State Bank: UCC Preempts Lottery Act Assignments

Date: Oct 2, 2010
Texas Lottery Commission v. First State Bank: UCC Preempts Lottery Act Assignments Introduction Texas Lottery Commission v. First State Bank of DeQueen, Stone Street Capital, Inc., and Cletius L....
Application of Auto-Use and Subsequent-to-Execution Exclusions in CGL Policies: Mid-Continent Casualty Company v. Global Enercom Management, Inc.

Application of Auto-Use and Subsequent-to-Execution Exclusions in CGL Policies: Mid-Continent Casualty Company v. Global Enercom Management, Inc.

Date: Oct 2, 2010
Application of Auto-Use and Subsequent-to-Execution Exclusions in CGL Policies Mid-Continent Casualty Company v. Global Enercom Management, Inc., 323 S.W.3d 151 (Tex. 2010) Introduction The case of...
Mandatory Inclusion of Reimbursement Measures in Every Bond Election: Kirby Lake Development v. Clear Lake City Water Authority

Mandatory Inclusion of Reimbursement Measures in Every Bond Election: Kirby Lake Development v. Clear Lake City Water Authority

Date: Aug 28, 2010
Mandatory Inclusion of Reimbursement Measures in Every Bond Election: Kirby Lake Development v. Clear Lake City Water Authority Introduction The case of Kirby Lake Development, Ltd., Miter...
But-For Causation Standard Established in Texas Workers' Compensation

But-For Causation Standard Established in Texas Workers' Compensation

Date: Aug 28, 2010
But-For Causation Standard Established in Texas Workers' Compensation Introduction In the case of Transcontinental Insurance Company v. Joyce Crump, the Supreme Court of Texas addressed pivotal...
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