Texas Case Commentaries

Limitations on Landowner Liability for Indigenous Wild Animals: Hillis v. McCall

Date: Mar 14, 2020

Limitations on Landowner Liability for Indigenous Wild Animals: Hillis v. McCall Introduction In the landmark case of Hillis v. McCall, the Supreme Court of Texas addressed the scope of a landowner's...

Timeliness in Designating Responsible Third Parties: In re Mobile Mini, Inc. Sets New Precedent under TEX. CIV. PRAC. & REM. CODE § 33.004(d)

Date: Mar 14, 2020

Timeliness in Designating Responsible Third Parties: In re Mobile Mini, Inc. Sets New Precedent under TEX. CIV. PRAC. & REM. CODE § 33.004(d) Introduction In the landmark case of In re Mobile Mini,...

Affirmation and Partial Reversal in Parental Rights Termination: In the Interest of L.G., A Child

Date: Mar 14, 2020

Affirmation and Partial Reversal in Parental Rights Termination: In the Interest of L.G., A Child (596 S.W.3d 778) Introduction The case of In the Interest of L.G., A Child (596 S.W.3d 778) presents...

Definitive Agreement Requirement: Texas Supreme Court Rules Emails Insufficient for Contract Formation

Date: Feb 29, 2020

Definitive Agreement Requirement: Texas Supreme Court Rules Emails Insufficient for Contract Formation Introduction In the landmark case of Chalker Energy Partners III, LLC, et al. v. Le Norman...

Supreme Court of Texas Establishes Precedence on the Scope of General Easements in Southwestern Electric Power Company v. Lynch et al.

Date: Feb 29, 2020

Supreme Court of Texas Establishes Precedence on the Scope of General Easements in Southwestern Electric Power Company v. Lynch et al. Introduction In the landmark case of Southwestern Electric Power...

Comprehensive Commentary on Piranha Partners v. Neuhoff et al. (596 S.W.3d 740)

Date: Feb 22, 2020

Comprehensive Commentary on Piranha Partners v. Neuhoff et al. (596 S.W.3d 740) Establishing Clear Boundaries in Property Conveyance Assignments Introduction The case of Piranha Partners, Randolph...

Affirmation of Attorney Immunity in Rule 91a Dismissals: Bethel v. Quilling

Date: Feb 22, 2020

Affirmation of Attorney Immunity in Rule 91a Dismissals: Bethel v. Quilling Introduction In Cherlyn Bethel v. Quilling, Selander, Lownds, Winslett & Moser, P.C., and James H. Moody, III, the Supreme...

Appellate Authority to Order Supplemental Briefing Under Rule 38.9: Insights from St. John Missionary Baptist Church v. Flakes

Date: Feb 8, 2020

Appellate Authority to Order Supplemental Briefing Under Rule 38.9: Insights from St. John Missionary Baptist Church v. Flakes Introduction The case of St. John Missionary Baptist Church, Symphuel...

Riot Exception Affirmed: Immunity Upheld in Texas Dept. of Criminal Justice v. Rangel

Date: Feb 8, 2020

Riot Exception Affirmed: Immunity Upheld in Texas Dept. of Criminal Justice v. Rangel Introduction The case of Texas Department of Criminal Justice v. Cesar Rangel (595 S.W.3d 198) addresses the...

Supreme Court of Texas Upholds Enforceability of Liquidated Damages Clauses in ATRIUM MEDICAL CENTER v. ImageFIRST

Date: Feb 8, 2020

Supreme Court of Texas Upholds Enforceability of Liquidated Damages Clauses in ATRIUM MEDICAL CENTER v. ImageFIRST Introduction The case of Atrium Medical Center, LP and Texas Healthcare Alliance LLC...

Section 143.102 Prevails Over Local Stock Laws in Determining Livestock Owner Liability on Highways

Date: Feb 1, 2020

Section 143.102 Prevails Over Local Stock Laws in Determining Livestock Owner Liability on Highways Introduction In the case of Shary Pruski v. Joshua Garcia (594 S.W.3d 322), decided by the Supreme...

Texas Supreme Court Affirms Contractual Conditions Precluding Partnership Formation in ETP v. Enterprise

Date: Feb 1, 2020

Freedom of Contract in Partnership Formation: Texas Supreme Court in ETP v. Enterprise Introduction The case of Energy Transfer Partners, L.P. and Energy Transfer Fuel, L.P. v. Enterprise Products...

Texas Supreme Court Clarifies Venue-Selection Agreements Over Injunctive Relief Venue Requirements

Date: Feb 1, 2020

Texas Supreme Court Clarifies Venue-Selection Agreements Over Injunctive Relief Venue Requirements Introduction In re Fox River Real Estate Holdings, Inc. (596 S.W.3d 759, 2020) presents a pivotal...

Enforcement of Restrictive Easements: Teal Trading v. Champee Springs

Date: Feb 1, 2020

Enforcement of Restrictive Easements: Teal Trading v. Champee Springs Introduction The case of Teal Trading and Development, LP v. Champee Springs Ranches Property Owners Association addresses the...

Impact of TCPA on Private Business Communications: Creative Oil & Gas v. Lona Hills Ranch

Date: Dec 21, 2019

Impact of TCPA on Private Business Communications: Creative Oil & Gas v. Lona Hills Ranch Introduction The case of Creative Oil & Gas, LLC and Creative Oil & Gas Operating, LLC v. Lona Hills Ranch,...

Dual Representation in Derivative Litigation: Texas Supreme Court Establishes Standards for Disqualification and Mandamus Relief

Date: Dec 21, 2019

Dual Representation in Derivative Litigation: Texas Supreme Court Establishes Standards for Disqualification and Mandamus Relief Introduction The case In re Murrin Brothers 1885, Ltd., et al.,...

Shady Shores v. Swanson: Expanding the Scope of Governmental Immunity and Clarifying Waivers under the Texas Open Meetings Act

Date: Dec 14, 2019

Shady Shores v. Swanson: Expanding the Scope of Governmental Immunity and Clarifying Waivers under the Texas Open Meetings Act Introduction TOWN OF SHADY SHORES v. SARAH SWANSON (590 S.W.3d 544),...

Recreational Use Statute Affirmed to Protect Governmental Immunity in Negligence Claims

Date: Oct 19, 2019

Recreational Use Statute Affirmed to Protect Governmental Immunity in Negligence Claims Introduction In the landmark case of The University of Texas at Austin v. April Garner, the Supreme Court of...

Supreme Court of Texas Upholds Rigorous Standards for Termination of Parental Rights

Date: Oct 19, 2019

Supreme Court of Texas Upholds Rigorous Standards for Termination of Parental Rights Introduction The case of In the Interest of A.M., A Child (630 S.W.3d 25) adjudicated by the Supreme Court of...

Reversal on TPPCA Damages in Light of Appraisal Payments: State Farm vs. Barbara Technologies

Date: Jun 29, 2019

Reversal on TPPCA Damages in Light of Appraisal Payments: State Farm vs. Barbara Technologies Introduction In the case of Barbara Technologies Corporation v. State Farm Lloyds (589 S.W.3d 806), the...