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  • Commentaries
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Texas Case Commentaries

In re Morgan Stanley Co.: Courts to Determine Mental Capacity in Arbitration Agreements

In re Morgan Stanley Co.: Courts to Determine Mental Capacity in Arbitration Agreements

Date: Jul 4, 2009
In re Morgan Stanley Co.: Courts to Determine Mental Capacity in Arbitration Agreements Introduction In the landmark case of In re Morgan Stanley Co., Inc., the Supreme Court of Texas addressed a...
Dolgencorp of Texas, Inc. v. Maria Isabel Lerma: Establishing the Craddock Test for Default Judgment Reversals

Dolgencorp of Texas, Inc. v. Maria Isabel Lerma: Establishing the Craddock Test for Default Judgment Reversals

Date: Jul 4, 2009
Dolgencorp of Texas, Inc. v. Maria Isabel Lerma: Establishing the Craddock Test for Default Judgment Reversals Introduction The case of Dolgencorp of Texas, Inc., d/b/a Dollar General Store v. Maria...
Texas Supreme Court Affirms Appraisal Scope in Property Insurance: Damages Decided by Appraisers, Liability Remains with Courts

Texas Supreme Court Affirms Appraisal Scope in Property Insurance: Damages Decided by Appraisers, Liability Remains with Courts

Date: Jul 4, 2009
Texas Supreme Court Affirms Appraisal Scope in Property Insurance: Damages Decided by Appraisers, Liability Remains with Courts Introduction The case of State Farm Lloyds v. Becky Ann Johnson (290...
Texas Supreme Court Mandates Specific Reasoning for Overriding Jury Verdicts

Texas Supreme Court Mandates Specific Reasoning for Overriding Jury Verdicts

Date: Jul 4, 2009
Texas Supreme Court Mandates Specific Reasoning for Overriding Jury Verdicts Introduction The case of IN RE COLUMBIA MEDICAL CENTER of Las Colinas, Subsidiary, L.P. d/b/a Las Colinas Medical Center,...
Revival of Claims Under Section 33.004(e) Does Not Extend Statutes of Repose: Galbraith Engineering Consultants, Inc. v. Pochucha

Revival of Claims Under Section 33.004(e) Does Not Extend Statutes of Repose: Galbraith Engineering Consultants, Inc. v. Pochucha

Date: Jun 27, 2009
Revival of Claims Under Section 33.004(e) Does Not Extend Statutes of Repose: Galbraith Engineering Consultants, Inc. v. Pochucha Introduction The case of Galbraith Engineering Consultants, Inc. v....
Reversal of Tolling Liability in Statute of Limitations: Ashley v. Hawkins

Reversal of Tolling Liability in Statute of Limitations: Ashley v. Hawkins

Date: Jun 27, 2009
Reversal of Tolling Liability in Statute of Limitations: Ashley v. Hawkins Introduction Ashley v. Hawkins, 293 S.W.3d 175 (Tex. 2009), adjudicated by the Supreme Court of Texas, addresses the...
Limits on Sovereign Immunity Under the Texas Whistleblower Act: Analysis of STATE v. LUECK

Limits on Sovereign Immunity Under the Texas Whistleblower Act: Analysis of STATE v. LUECK

Date: Jun 27, 2009
Limits on Sovereign Immunity Under the Texas Whistleblower Act: Analysis of STATE v. LUECK Introduction The Supreme Court of Texas delivered a pivotal decision in The STATE of Texas and the Texas...
Effective Date of Appellate Court Decisions Under Texas Law: Edwards Aquifer Authority v. Chemical Lime Ltd.

Effective Date of Appellate Court Decisions Under Texas Law: Edwards Aquifer Authority v. Chemical Lime Ltd.

Date: Jun 27, 2009
Effective Date of Appellate Court Decisions Under Texas Law: Edwards Aquifer Authority v. Chemical Lime Ltd. Introduction The case of Edwards Aquifer Authority et al. v. Chemical Lime, Ltd. (291...
Executor’s Right to Sue Attorneys for Estate-Related Malpractice Affirmed in Smith v. O'Donnell

Executor’s Right to Sue Attorneys for Estate-Related Malpractice Affirmed in Smith v. O'Donnell

Date: Jun 27, 2009
Executor’s Right to Sue Attorneys for Estate-Related Malpractice Affirmed in Smith v. O'Donnell 1. Introduction In the landmark case of Paul H. Smith, et al., Petitioners, v. Thomas O'Donnell,...
Nabors Drilling v. Escoto: Employer Liability for Employee Fatigue-Related Accidents

Nabors Drilling v. Escoto: Employer Liability for Employee Fatigue-Related Accidents

Date: Jun 20, 2009
Nabors Drilling v. Escoto: Employer Liability for Employee Fatigue-Related Accidents Introduction Nabors Drilling, U.S.A., Inc. v. Francisca Escoto et al. is a landmark case decided by the Supreme...
BARR v. CITY OF SINTON: Strengthening TRFRA Protections Against Zoning Ordinances

BARR v. CITY OF SINTON: Strengthening TRFRA Protections Against Zoning Ordinances

Date: Jun 20, 2009
BARR v. CITY OF SINTON: Strengthening TRFRA Protections Against Zoning Ordinances Introduction BARR v. CITY OF SINTON, 295 S.W.3d 287 (Tex. 2009), is a landmark decision by the Supreme Court of Texas...
Application of Texas Rule of Civil Procedure 193.6 in Summary Judgment Proceedings

Application of Texas Rule of Civil Procedure 193.6 in Summary Judgment Proceedings

Date: Jun 20, 2009
Application of Texas Rule of Civil Procedure 193.6 in Summary Judgment Proceedings Introduction The case of Fort Brown Villas III Condominium Association, Inc. d/b/a Fort Brown Condoshares and LRI...
Non-Jurisdictional Notice Requirements in Police Suspension Appeals: Insights from City of DeSoto v. Justin White

Non-Jurisdictional Notice Requirements in Police Suspension Appeals: Insights from City of DeSoto v. Justin White

Date: Jun 20, 2009
Non-Jurisdictional Notice Requirements in Police Suspension Appeals: Insights from City of DeSoto v. Justin White Introduction The case of City of DeSoto, Texas v. Justin White (288 S.W.3d 389)...
Right to Appointed Counsel in Post-Adjudication Habeas Corpus Proceedings: In re James Allen Hall

Right to Appointed Counsel in Post-Adjudication Habeas Corpus Proceedings: In re James Allen Hall

Date: Jun 13, 2009
Right to Appointed Counsel in Post-Adjudication Habeas Corpus Proceedings: In re James Allen Hall Introduction In re James Allen HALL, 286 S.W.3d 925 (Tex. 2009), represents a pivotal decision by the...
Harrell v. Texas: Withdrawal Orders from Inmate Trust Accounts Classified as Civil Proceedings

Harrell v. Texas: Withdrawal Orders from Inmate Trust Accounts Classified as Civil Proceedings

Date: Jun 6, 2009
Harrell v. Texas: Withdrawal Orders from Inmate Trust Accounts Classified as Civil Proceedings Introduction The case of Walter E. Harrell v. The State of Texas, decided by the Supreme Court of Texas...
Timpte Industries v. Gish: Establishing the Boundaries of Design Defect Liability in Product Safety

Timpte Industries v. Gish: Establishing the Boundaries of Design Defect Liability in Product Safety

Date: Jun 6, 2009
Timpte Industries v. Gish: Establishing the Boundaries of Design Defect Liability in Product Safety Introduction In the landmark case of Timpte Industries, Inc. and Timpte Inc. v. Robert Gish and...
Loss of Chance and Independent Contractor Status in Medical Malpractice: Insights from Columbia Rio Grande Healthcare v. Hawley

Loss of Chance and Independent Contractor Status in Medical Malpractice: Insights from Columbia Rio Grande Healthcare v. Hawley

Date: Jun 6, 2009
Loss of Chance and Independent Contractor Status in Medical Malpractice: Insights from Columbia Rio Grande Healthcare v. Hawley Introduction Columbia Rio Grande Healthcare, L.P. d/b/a Rio Grande...
Sanctions Under MLIIA Remain Available Post-Nonsuit: Texas Supreme Court Ruling

Sanctions Under MLIIA Remain Available Post-Nonsuit: Texas Supreme Court Ruling

Date: May 16, 2009
Sanctions Under MLIIA Remain Available Post-Nonsuit: Texas Supreme Court Ruling Introduction In the landmark case Frances B. Crites, M.D., Petitioner, v. Linda Collins and Willie Collins, Respondent...
San Antonio v. Pollock: Government Liability Requires Proven Knowledge of Substantial Harm

San Antonio v. Pollock: Government Liability Requires Proven Knowledge of Substantial Harm

Date: May 2, 2009
San Antonio v. Pollock: Government Liability Requires Proven Knowledge of Substantial Harm 1. Introduction In City of San Antonio v. Charles Pollock and Tracy Pollock, indi (284 S.W.3d 809), the...
Ultra Vires Exception to Sovereign Immunity: Prospective Injunctive Relief in The CITY OF EL PASO v. HEINRICH

Ultra Vires Exception to Sovereign Immunity: Prospective Injunctive Relief in The CITY OF EL PASO v. HEINRICH

Date: May 2, 2009
Ultra Vires Exception to Sovereign Immunity: Prospective Injunctive Relief in The CITY OF EL PASO v. HEINRICH Introduction The case of The City of El Paso, et al. v. Lilli M. Heinrich (284 S.W.3d...
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