Texas Case Commentaries

Prima Facie Breach of NDA under TCPA Standard: S&S Emergency Training Solutions v. Sheila Elliott

Date: Dec 22, 2018

Prima Facie Breach of NDA under TCPA Standard: S&S Emergency Training Solutions v. Sheila Elliott Introduction The Supreme Court of Texas, in the case of S&S Emergency Training Solutions, Inc. d/b/a...

Texas Supreme Court Affirms Legislative Valuation of Leased Heavy Equipment under Tax Code §§23.1241 & 23.1242

Date: Nov 17, 2018

Texas Supreme Court Affirms Legislative Valuation of Leased Heavy Equipment under Tax Code §§23.1241 & 23.1242 Introduction The case of Reeves County Appraisal District and Loving County Appraisal...

Establishing Adequacy of Expert Reports Under the Texas Medical Liability Act

Date: Nov 17, 2018

Establishing Adequacy of Expert Reports Under the Texas Medical Liability Act Introduction The case of Sue Abshire v. Christus Health Southeast Texas d/b/a Christus Hospital–St. Elizabeth addresses...

Affirmation of Meditated Settlement Agreements as Sufficient Evidence in Termination of Parental Rights

Date: Oct 27, 2018

Affirmation of Mediated Settlement Agreements as Sufficient Evidence in Termination of Parental Rights Introduction The case of In the Interest of A.C., J.Y., J.Y. Jr., L.B., and E.B., Children (NO....

Texas Supreme Court Defines Contract Nature as Central to Municipal Immunity in Wasson Interests v. City of Jacksonville

Date: Oct 6, 2018

Texas Supreme Court Defines Contract Nature as Central to Municipal Immunity in Wasson Interests, Ltd. v. City of Jacksonville Introduction The case of Wasson Interests, Ltd. v. City of Jacksonville,...

Texas Supreme Court Clarifies TCPA Applicability and Sovereign Immunity in Removal Proceedings

Date: Jun 30, 2018

Texas Supreme Court Clarifies TCPA Applicability and Sovereign Immunity in Removal Proceedings Introduction In the landmark case The STATE of Texas EX REL. George Darrell BEST v. Paul Reed HARPER...

Nonjusticiability of Contractor Liability Claims Involving Military Decisions

Date: Jun 30, 2018

Nonjusticiability of Contractor Liability Claims Involving Military Decisions Introduction In the case of American K–9 Detection Services, LLC and Hill Country Dog Center, LLC v. LaTasha Freeman (556...

Reaffirming Error Preservation in Summary Judgments: Seim v. Allstate Texas Lloyds

Date: Jun 30, 2018

Reaffirming Error Preservation in Summary Judgments: Seim v. Allstate Texas Lloyds Introduction In the landmark case Seim v. Allstate Texas Lloyds, the Supreme Court of Texas addressed critical...

Supreme Court of Texas Affirms Floating Royalty Interpretation in Mineral Deeds: U.S. Shale Energy II v. Laborde

Date: Jun 29, 2018

Supreme Court of Texas Affirms Floating Royalty Interpretation in Mineral Deeds: U.S. Shale Energy II v. Laborde Introduction In the landmark case of U.S. Shale Energy II, LLC, Raymond B. Roush,...

Proportionate-Responsibility Exclusion in TMFPA Actions

Date: Jun 23, 2018

Proportionate-Responsibility Exclusion in Texas Medicaid Fraud Prevention Act Actions Introduction In the case of In re Xerox Corporation and Xerox State Healthcare, LLC f/k/a ACS State Healthcare,...

Mandamus Relief and Responsible Third Party Designation: Insights from In re Melissa Dawson

Date: Jun 23, 2018

Mandamus Relief and Responsible Third Party Designation: Insights from In re Melissa Dawson Introduction The case of In re Melissa Dawson, decided by the Supreme Court of Texas on June 22, 2018,...

Supreme Court of Texas Establishes Fraudulent Inducement Recovery Without Separate Contract Findings

Date: Jun 22, 2018

Supreme Court of Texas Establishes Fraudulent Inducement Recovery Without Separate Contract Findings Introduction In the landmark case of Andrew Anderson v. Jerry V. Durant et al. (2018), the Supreme...

Affirmation of Causation and Admissibility of Affidavits in Medical Malpractice: Gunn v. McCoy (2018)

Date: Jun 16, 2018

Affirmation of Causation and Admissibility of Affidavits in Medical Malpractice: Gunn v. McCoy (2018) Introduction The case of Debra C. Gunn, M.D., Obstetrical and Gynecological Associates, P.A., and...

Clarifying Standards for Admitting Expert Testimony and Subrogation Affidavits in Medical Expense Litigation

Date: Jun 16, 2018

Clarifying Standards for Admitting Expert Testimony and Subrogation Affidavits in Medical Expense Litigation Introduction The case of Debra C. Gunn, M.D., Obstetrical and Gynecological Associates,...

Texas Supreme Court Establishes Broad Interpretation of Non-Parent Standing in SAPCR Cases under Family Code § 102.003(a)(9)

Date: Jun 15, 2018

Texas Supreme Court Establishes Broad Interpretation of Non-Parent Standing in SAPCR Cases under Family Code § 102.003(a)(9) Introduction In the landmark case In the Interest of H.S., a Minor Child...

Upholding Judicial Integrity: The Ginsberg Case and Its Implications on Judicial Conduct

Date: Jun 12, 2018

Upholding Judicial Integrity: The Ginsberg Case and Its Implications on Judicial Conduct Introduction In the landmark case IN RE Inquiry Concerning Honorable Carl Ginsberg, the Special Court of...

Clarifying Grandparents' Liability Under Texas Family Code Chapter 42: Insights from Bos v. Smith

Date: Jun 9, 2018

Clarifying Grandparents' Liability Under Texas Family Code Chapter 42: Insights from Bos v. Smith Introduction The case of Larry Bos and Mary Bos v. Craig S. Smith et al. (556 S.W.3d 293) adjudicated...

Establishing Standing Limits in Development Disputes: Texas Supreme Court Rules on County Commissioner's Authority

Date: Jun 9, 2018

Establishing Standing Limits in Development Disputes: Texas Supreme Court Rules on County Commissioner's Authority Introduction The case of W.A. "Andy" Meyers, Individually and in His Capacity as...

Texas Supreme Court Establishes Rigorous Standards for Personal Jurisdiction in Fraudulent Transfer Cases

Date: Jun 2, 2018

Texas Supreme Court Establishes Rigorous Standards for Personal Jurisdiction in Fraudulent Transfer Cases Introduction The case of Old Republic National Title Insurance Company v. Lisa Simone Bell...

Enhancing Jury Instructions on Negligence in Medical Liability Cases

Date: May 26, 2018

Enhancing Jury Instructions on Negligence in Medical Liability Cases Introduction The Supreme Court of Texas, in the landmark case Jim P. Benge, MD and Kelsey-Seybold Medical Group PLLC v. Lauren...