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  • Commentaries
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Texas Case Commentaries

Federal Preemption of State Tort Claims in Railroad Crossing Cases: Union Pacific Railroad Co. v. Limmer

Federal Preemption of State Tort Claims in Railroad Crossing Cases: Union Pacific Railroad Co. v. Limmer

Date: Jan 16, 2010
Federal Preemption of State Tort Claims in Railroad Crossing Cases: Union Pacific Railroad Co. v. Limmer Introduction In Missouri Pacific Railroad Company d/b/a Union Pacific Railroad Company v....
Supreme Court of Texas Revises Sanctions Criteria in Unifund CCR Partners v. Villa

Supreme Court of Texas Revises Sanctions Criteria in Unifund CCR Partners v. Villa

Date: Jan 16, 2010
Supreme Court of Texas Revises Sanctions Criteria in Unifund CCR Partners v. Villa Introduction In the landmark case of Unifund CCR Partners v. Javier Villa, the Supreme Court of Texas addressed...
Judicial Commentary: Personal Jurisdiction in Nonresident Defendants - Kelly v. General Interior Construction, Inc.

Judicial Commentary: Personal Jurisdiction in Nonresident Defendants - Kelly v. General Interior Construction, Inc.

Date: Jan 16, 2010
Personal Jurisdiction Over Nonresident Defendants: Insights from Kelly v. General Interior Construction, Inc. Introduction The Supreme Court of Texas, in the landmark case Kelly and Hofstatter v....
Limitations on Correction Deeds in Foreclosure Conveyances: Myrad Properties, Inc. v. Lasalle Bank

Limitations on Correction Deeds in Foreclosure Conveyances: Myrad Properties, Inc. v. Lasalle Bank

Date: Dec 19, 2009
Limitations on Correction Deeds in Foreclosure Conveyances: Myrad Properties, Inc. v. Lasalle Bank Introduction The case Myrad Properties, Inc. v. Lasalle Bank National Association, adjudicated by...
Known-Falsity Exclusion Extended to Corporate Vice-Principals: Insights from Chrysler Insurance Co. v. Greenspoint Dodge of Houston, Inc.

Known-Falsity Exclusion Extended to Corporate Vice-Principals: Insights from Chrysler Insurance Co. v. Greenspoint Dodge of Houston, Inc.

Date: Dec 12, 2009
Known-Falsity Exclusion Extended to Corporate Vice-Principals: Insights from Chrysler Insurance Co. v. Greenspoint Dodge of Houston, Inc. Introduction Chrysler Insurance Co. v. Greenspoint Dodge of...
Whirlpool Corporation v. Margarita Camacho: Reevaluation of Expert Testimony in Design Defect Liability

Whirlpool Corporation v. Margarita Camacho: Reevaluation of Expert Testimony in Design Defect Liability

Date: Dec 12, 2009
Whirlpool Corporation v. Margarita Camacho: Reevaluation of Expert Testimony in Design Defect Liability Introduction Whirlpool Corporation v. Margarita Camacho is a significant judgment rendered by...
Independence of Duty to Indemnify from Duty to Defend: Insights from D.R. Horton-Texas, Ltd. v. Markel International Insurance Company

Independence of Duty to Indemnify from Duty to Defend: Insights from D.R. Horton-Texas, Ltd. v. Markel International Insurance Company

Date: Dec 12, 2009
Independence of Duty to Indemnify from Duty to Defend: Insights from D.R. Horton-Texas, Ltd. v. Markel International Insurance Company Introduction In the landmark case of D.R. Horton-Texas, Ltd.,...
Reversible Error in Excluding Income-Based Appraisals in Condemnation Cases

Reversible Error in Excluding Income-Based Appraisals in Condemnation Cases

Date: Nov 21, 2009
Reversible Error in Excluding Income-Based Appraisals in Condemnation Cases Introduction The case of The State of Texas v. Central Expressway Sign Associates, adjudicated by the Supreme Court of...
No Duty to Warn on Natural Conditions Under Recreational Use Statute

No Duty to Warn on Natural Conditions Under Recreational Use Statute

Date: Nov 21, 2009
No Duty to Warn on Natural Conditions Under Recreational Use Statute Introduction The case of City of Waco v. Debra Kirwan (298 S.W.3d 618), decided by the Supreme Court of Texas on November 20,...
Enhancing Damages Recoverability in Legal Malpractice: Insights from Akin Gump v. National Development and Research Corp.

Enhancing Damages Recoverability in Legal Malpractice: Insights from Akin Gump v. National Development and Research Corp.

Date: Oct 31, 2009
Enhancing Damages Recoverability in Legal Malpractice: Insights from Akin Gump v. National Development and Research Corp. Introduction The landmark decision in Akin, Gump, Strauss, Hauer Feld, L.L.P....
Reaffirming the Damages Standard in Joint Venture Fraud: Insights from Aquaplex, Inc. v. Rancho La Valencia, Inc.

Reaffirming the Damages Standard in Joint Venture Fraud: Insights from Aquaplex, Inc. v. Rancho La Valencia, Inc.

Date: Oct 31, 2009
Reaffirming the Damages Standard in Joint Venture Fraud: Insights from Aquaplex, Inc. v. Rancho La Valencia, Inc. Introduction The case of Aquaplex, Inc. and James Edward Jones, Jr. v. Rancho La...
Limitations on Awarding Attorney's Fees as a Matter of Law: SMITH v. TAM Trust

Limitations on Awarding Attorney's Fees as a Matter of Law: SMITH v. TAM Trust

Date: Oct 24, 2009
Limitations on Awarding Attorney's Fees as a Matter of Law: SMITH v. TAM Trust Introduction Lauri Smith and Howard Smith v. Patrick W.Y. Tam Trust, 296 S.W.3d 545, is a pivotal case adjudicated by...
Walker v. Texas Department of Family and Protective Services: Standards for Parental Rights Termination and Effective Assistance of Counsel

Walker v. Texas Department of Family and Protective Services: Standards for Parental Rights Termination and Effective Assistance of Counsel

Date: Oct 10, 2009
Walker v. Texas Department of Family and Protective Services: Standards for Parental Rights Termination and Effective Assistance of Counsel Introduction Walker v. Texas Department of Family and...
Jurisdictional Limits of Independent Hearing Examiners under the Fire Fighters and Police Officers Civil Service Act

Jurisdictional Limits of Independent Hearing Examiners under the Fire Fighters and Police Officers Civil Service Act

Date: Aug 29, 2009
Jurisdictional Limits of Independent Hearing Examiners under the Fire Fighters and Police Officers Civil Service Act Introduction The case City of Pasadena, Texas v. Richard Smith (292 S.W.3d 14)...
Establishing the 'No Harm, No Fee' Standard for Prevailing Parties in Contractual Attorney's Fee Provisions

Establishing the 'No Harm, No Fee' Standard for Prevailing Parties in Contractual Attorney's Fee Provisions

Date: Aug 29, 2009
Establishing the 'No Harm, No Fee' Standard for Prevailing Parties in Contractual Attorney's Fee Provisions Introduction In the landmark decision of Intercontinental Group Partnership v. KB Home Lone...
Supreme Court of Texas Clarifies Limits on Nominal Damages and Attorney's Fees in Breach of Contract Cases

Supreme Court of Texas Clarifies Limits on Nominal Damages and Attorney's Fees in Breach of Contract Cases

Date: Aug 29, 2009
Supreme Court of Texas Clarifies Limits on Nominal Damages and Attorney's Fees in Breach of Contract Cases Introduction The case of MBM Financial Corporation, et al. v. The Woodlands Operating...
Protection of Privacy in Electronic Discovery: Analysis of In re Weekley Homes Court Decision

Protection of Privacy in Electronic Discovery: Analysis of In re Weekley Homes Court Decision

Date: Aug 29, 2009
Protection of Privacy in Electronic Discovery: Analysis of In re Weekley Homes Court Decision Introduction In the landmark case In re Weekley Homes, L.P., Relator. (295 S.W.3d 309), the Supreme Court...
Payment Metrics in Percentage of Proceeds Gas Contracts: Sales-Based Compensation Affirmed

Payment Metrics in Percentage of Proceeds Gas Contracts: Sales-Based Compensation Affirmed

Date: Aug 29, 2009
Payment Metrics in Percentage of Proceeds Gas Contracts: Sales-Based Compensation Affirmed Introduction In the landmark case of Dynegy Midstream Services, Limited Partnership and Versado Gas...
Insufficient Evidence of Partnership Under TRPA: Ingram v. Deere Analysis

Insufficient Evidence of Partnership Under TRPA: Ingram v. Deere Analysis

Date: Jul 4, 2009
Insufficient Evidence of Partnership Under TRPA: Ingram v. Deere Analysis Introduction In the case of Jesse C. Ingram, Ph.D. and Behavioral Psychology Clinic, P.C. v. Louis Deere, D.O. and Hillvale...
Interlocutory Appeals in Health Care Liability Claims: HERNANDEZ v. EBROM Establishes Key Precedent

Interlocutory Appeals in Health Care Liability Claims: HERNANDEZ v. EBROM Establishes Key Precedent

Date: Jul 4, 2009
Interlocutory Appeals in Health Care Liability Claims: HERNANDEZ v. EBROM Establishes Key Precedent Introduction In HERNANDEZ v. EBROM, 289 S.W.3d 316 (Tex. 2009), the Supreme Court of Texas...
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