Texas Case Commentaries

Texas Substituted Service Rule: Secretary of State Must Mail Process to the Entity’s Most Recently Filed Address(es) on File (Not Merely the Registered Office)

Date: Jun 1, 2026

Texas Substituted Service Rule: Secretary of State Must Mail Process to the Entity’s Most Recently Filed Address(es) on File (Not Merely the Registered Office) I. Introduction Case: Huffman Asset...

Texas Home-Equity Forfeiture Is Limited to Constitutional Noncompliance, Not Every Contract Breach

Date: Jun 1, 2026

Texas Home-Equity Forfeiture Is Limited to Constitutional Noncompliance, Not Every Contract Breach Case: JANICE C. STAUB AND PARKER D. YOUNG v. BBVA USA (Supreme Court of Texas, May 29, 2026) Author:...

Chapter 150 “Certificate of Merit” Can Be Cured by a Later Petition After Dismissal Without Prejudice

Date: Jun 1, 2026

Chapter 150 “Certificate of Merit” Can Be Cured by a Later Petition After Dismissal Without Prejudice Scope note: The provided text is Justice Sullivan’s dissent in Studio E. Architecture and...

Texas Easement-by-Estoppel Scope: Landowner Bears Trespass Burden; “Necessary, Non–Materially Burdensome” Upgrades Are Fact Questions

Date: May 26, 2026

Texas Easement-by-Estoppel Scope: Landowner Bears Trespass Burden; “Necessary, Non–Materially Burdensome” Upgrades Are Fact Questions 1. Introduction John P. Boerschig v. Rio Grande Electric...

Texas Supreme Court Clarifies Chapter 41 Exemplary-Damages Cap: Per-Defendant, Proportionate-Economic-Damages Base, Even with Joint Property Owners

Date: May 26, 2026

Texas Supreme Court Clarifies Chapter 41 Exemplary-Damages Cap: Per-Defendant, Proportionate-Economic-Damages Base, Even with Joint Property Owners I. Introduction In K&K Inez Properties, LLC, David...

Texas Limits Easements by Estoppel to the Reliance-Built Use and the Purchaser’s Notice; Major Utility Upgrades Require Proof of Necessity or Condemnation

Date: May 26, 2026

Texas Limits Easements by Estoppel to the Reliance-Built Use and the Purchaser’s Notice; Major Utility Upgrades Require Proof of Necessity or Condemnation Introduction John P. Boerschig v. Rio Grande...

“Primary Residence” Means the Majority-Time Home: A Trial Court May Not Award the Other Parent More Possession After a Binding Jury Verdict

Date: May 24, 2026

“Primary Residence” Means the Majority-Time Home: A Trial Court May Not Award the Other Parent More Possession After a Binding Jury Verdict I. Introduction Prabhakar Gopalan v. Andrea Marsh is a...

Per‑Debtor $25 Million Supersedeas Cap and a Presumptive 20‑Day Cure Period After an Insufficient Bond Finding

Date: May 23, 2026

Per‑Debtor $25 Million Supersedeas Cap and a Presumptive 20‑Day Cure Period After an Insufficient Bond Finding Case: In re Greystar Development & Construction, L.P.; Gabriella Tower, LLC; and...

Texas Recognizes Prior-Litigation Attorney’s Fees as Contract Damages for Breach of Settlement When the Breach Was Not a Basis of the Prior Suit

Date: May 20, 2026

Texas Recognizes Prior-Litigation Attorney’s Fees as Contract Damages for Breach of Settlement When the Breach Was Not a Basis of the Prior Suit Introduction In Angela Kate Whittenburg Wang, et al....

TCPA Step One Turns on Factual Predication/Reaction to Petitioning—UDJA Anti-Suit Challenges to Rule 202 Petitions Trigger TCPA Review

Date: May 20, 2026

TCPA Step One Turns on Factual Predication/Reaction to Petitioning—UDJA Anti-Suit Challenges to Rule 202 Petitions Trigger TCPA Review 1) Introduction Sadie Weldon v. The Lilith Fund for Reproductive...

Binding-Precedent Conflict as a “Substantial Ground for Difference of Opinion” Under Texas’s Permissive-Appeal Statute

Date: May 20, 2026

Binding-Precedent Conflict as a “Substantial Ground for Difference of Opinion” Under Texas’s Permissive-Appeal Statute Case: HELENA CHEMICAL COMPANY v. PHILLIP BALES, DEREK DIERINGER, WILBERT...

Texas GVR Remand Requires Merits Review of Second Amendment and Texas Arms Clause Challenges to Lifetime Firearm Bans in Chapter 7B Protective Orders

Date: May 19, 2026

Texas GVR Remand Requires Merits Review of Second Amendment and Texas Arms Clause Challenges to Lifetime Firearm Bans in Chapter 7B Protective Orders Introduction In Jonathan Timothy Noyes v. The...

Texas Supreme Court Signals Broader Use of “GVR” Remands Under TRAP 60.2(f) After Intervening Second Amendment Decisions

Date: May 19, 2026

Texas Supreme Court Signals Broader Use of “GVR” Remands Under TRAP 60.2(f) After Intervening Second Amendment Decisions Case: Jonathan Timothy Noyes v. The State of Texas for the Protection of...

Texas Jurisdiction Reaffirmed: In Personam Enforcement of Obligations Concerning Out-of-State Land; “Gist” Rule Disapproved

Date: May 19, 2026

Texas Jurisdiction Reaffirmed: In Personam Enforcement of Obligations Concerning Out-of-State Land; “Gist” Rule Disapproved Case: Braxton Minerals III, LLC v. Robert Scott Bauer and Braxton Minerals...

Economic-Development Grants Under Texas Constitution Article III, Section 52-a Remain Subject to the Gift Clauses

Date: May 13, 2026

Economic-Development Grants Under Texas Constitution Article III, Section 52-a Remain Subject to the Gift Clauses 1. Introduction Case: JPMorgan Chase Bank, N.A. v. City of Corsicana and Navarro...

Standing to Challenge an Unlawful Tax: “Pocketbook Injury” Triggers Ordinary Standing; “Taxpayer Standing” Limits and “Disruption” Concerns Do Not Defeat Jurisdiction

Date: May 13, 2026

Standing to Challenge an Unlawful Tax: “Pocketbook Injury” Triggers Ordinary Standing; “Taxpayer Standing” Limits and “Disruption” Concerns Do Not Defeat Jurisdiction I. Introduction In RYAN BUSSE,...

Oral Nicotine Pouches as “Tobacco Products”: “Tobacco Substitute” Includes Plant-Matter-and-Nicotine Replacements for Pulverized Tobacco

Date: May 9, 2026

Oral Nicotine Pouches as “Tobacco Products”: “Tobacco Substitute” Includes Plant-Matter-and-Nicotine Replacements for Pulverized Tobacco Introduction In Kelly Hancock, Acting Comptroller of Public...

Accord and Satisfaction by “Full & Final Settlement” Check: Cashing the Check Discharges Claims Despite Strike-Through

Date: May 9, 2026

Accord and Satisfaction by “Full & Final Settlement” Check: Cashing the Check Discharges Claims Despite Strike-Through 1. Introduction In The Bryant Law Firm and Deborah E. Bryant v. Robert Walker...

Direct Tax-Payment Injury Confers Standing Without “Taxpayer Standing”; “Governmental Disruption” Is Not a Standing Bar

Date: May 9, 2026

Direct Tax-Payment Injury Confers Standing Without “Taxpayer Standing”; “Governmental Disruption” Is Not a Standing Bar I. Introduction In Ryan Busse, Josh Klostermann, Russel Klostermann, Layne...

Rule 91a Dismissal When Petition Establishes § 452.056(d) Immunity for DART’s Private Operator—even Against Fraud Claims

Date: May 9, 2026

Rule 91a Dismissal When Petition Establishes § 452.056(d) Immunity for DART’s Private Operator—even Against Fraud Claims I. Introduction In MV Transportation, Inc. v. GDS Transport, LLC (Tex. May 8,...