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  • Commentaries
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Texas Case Commentaries

Harris County Hospital District v. Tomball Regional Hospital: Affirmation of Governmental Immunity for Hospital Districts in Texas

Harris County Hospital District v. Tomball Regional Hospital: Affirmation of Governmental Immunity for Hospital Districts in Texas

Date: May 2, 2009
Harris County Hospital District v. Tomball Regional Hospital: Affirmation of Governmental Immunity for Hospital Districts in Texas Introduction The case of Harris County Hospital District v. Tomball...
Ineffective Assistance of Counsel Claims on Appeal Despite Procedural Noncompliance: Establishing New Legal Precedent

Ineffective Assistance of Counsel Claims on Appeal Despite Procedural Noncompliance: Establishing New Legal Precedent

Date: May 2, 2009
Ineffective Assistance of Counsel Claims on Appeal Despite Procedural Noncompliance: Establishing New Legal Precedent Introduction In the Interest of J.O.A., T.J.A.M., T.J.M., and C.T.M., Children,...
Exclusion of VA Disability Benefits from Divisible Military Retirement Pay in Divorce Decrees

Exclusion of VA Disability Benefits from Divisible Military Retirement Pay in Divorce Decrees

Date: May 2, 2009
Exclusion of VA Disability Benefits from Divisible Military Retirement Pay in Divorce Decrees Introduction Raoul HAGEN v. Doris J. HAGEN, 282 S.W.3d 899 (Tex. Sup. Ct. 2009), is a pivotal Supreme...
Intentional Injury Exclusion Clarified in Nationwide Mutual Insurance Co. v. Tanner

Intentional Injury Exclusion Clarified in Nationwide Mutual Insurance Co. v. Tanner

Date: Apr 18, 2009
Intentional Injury Exclusion Clarified in Nationwide Mutual Insurance Co. v. Tanner Introduction In the landmark case of Greg TANNER and Maribel Tanner, Individually and as Next Friends of K.T. and...
Limitations on Mandamus Relief for Compelling Arbitration: Insights from In re Gulf Exploration, LLC

Limitations on Mandamus Relief for Compelling Arbitration: Insights from In re Gulf Exploration, LLC

Date: Apr 18, 2009
Limitations on Mandamus Relief for Compelling Arbitration: Insights from In re Gulf Exploration, LLC Introduction In the landmark case In re Gulf Exploration, LLC, et al., Relators, the Supreme Court...
Enforceability of Implied Confidentiality in Covenants Not to Compete: Mann Frankfort v. Fielding

Enforceability of Implied Confidentiality in Covenants Not to Compete: Mann Frankfort v. Fielding

Date: Apr 18, 2009
Enforceability of Implied Confidentiality in Covenants Not to Compete: Mann Frankfort v. Fielding Introduction Mann Frankfort Stein Lipp Advisors, Inc., MFSL GP, L.L.C., and MFSL Employee...
Premises Owners as General Contractors: Exclusive Remedy Defense Affirmed under Texas Workers’ Compensation Act

Premises Owners as General Contractors: Exclusive Remedy Defense Affirmed under Texas Workers’ Compensation Act

Date: Apr 4, 2009
Premises Owners as General Contractors: Exclusive Remedy Defense Affirmed under Texas Workers’ Compensation Act Introduction In the landmark case of Entergy Gulf States, Inc. v. John Summers, the...
FORD MOTOR CO. v. CASTILLO: Establishing the Right to Discovery in Breach of Settlement Agreement Claims Amid Juror Misconduct Concerns

FORD MOTOR CO. v. CASTILLO: Establishing the Right to Discovery in Breach of Settlement Agreement Claims Amid Juror Misconduct Concerns

Date: Apr 4, 2009
FORD MOTOR CO. v. CASTILLO: Establishing the Right to Discovery in Breach of Settlement Agreement Claims Amid Juror Misconduct Concerns Introduction Ford Motor Company appealed a decision from the...
HCBeck Ltd. v. Charles Rice: Defining "Providing" Workers' Compensation Insurance

HCBeck Ltd. v. Charles Rice: Defining "Providing" Workers' Compensation Insurance

Date: Apr 4, 2009
HCBeck Ltd. v. Charles Rice: Defining "Providing" Workers' Compensation Insurance Introduction In the landmark case HCBeck, Ltd. v. Charles Rice, decided by the Supreme Court of Texas on April 3,...
Texas Supreme Court Establishes Reduced Prejudice Standard for Notice Requirements in Claims-Made Liability Insurance Policies

Texas Supreme Court Establishes Reduced Prejudice Standard for Notice Requirements in Claims-Made Liability Insurance Policies

Date: Mar 28, 2009
Texas Supreme Court Establishes Reduced Prejudice Standard for Notice Requirements in Claims-Made Liability Insurance Policies Introduction In the landmark case of Prodigy Communications Corp.,...
Stowers Exception Limited to Insurers, Preserving Physician Liability Caps: PHILLIPS v. BRAMLETT

Stowers Exception Limited to Insurers, Preserving Physician Liability Caps: PHILLIPS v. BRAMLETT

Date: Mar 7, 2009
Stowers Exception Limited to Insurers, Preserving Physician Liability Caps: PHILLIPS v. BRAMLETT Introduction The case of Benny P. Phillips, M.D., Petitioner, versus Dale Bramlett, et al.,...
Establishing Personal Jurisdiction Over Out-of-State Corporations Through Real Property Transactions

Establishing Personal Jurisdiction Over Out-of-State Corporations Through Real Property Transactions

Date: Feb 28, 2009
Establishing Personal Jurisdiction Over Out-of-State Corporations Through Real Property Transactions: Retamco Operating, Inc. v. Republic Drilling Company Introduction The case of Retamco Operating,...
Texas Supreme Court Limits Statutory Indemnity to Manufacturers and Rejects Single Business Enterprise Liability

Texas Supreme Court Limits Statutory Indemnity to Manufacturers and Rejects Single Business Enterprise Liability

Date: Feb 28, 2009
Texas Supreme Court Limits Statutory Indemnity to Manufacturers and Rejects Single Business Enterprise Liability Introduction The case of SSP Partners and Metro Novelties, Inc. v. Gladstrong...
Affirmation of Parental Rights Termination in In the Interest of M.R.J.M.

Affirmation of Parental Rights Termination in In the Interest of M.R.J.M.

Date: Feb 27, 2009
Affirmation of Parental Rights Termination in In the Interest of M.R.J.M. Introduction The case of In the Interest of M.R.J.M., a Child, reported at 280 S.W.3d 494, involves the termination of...
Enforcing Arbitration Clauses in Wrongful Death Claims: Insights from In re LABATT FOOD SERVICE, L.P.

Enforcing Arbitration Clauses in Wrongful Death Claims: Insights from In re LABATT FOOD SERVICE, L.P.

Date: Feb 14, 2009
Enforcing Arbitration Clauses in Wrongful Death Claims: Insights from In re LABATT FOOD SERVICE, L.P. Introduction The Supreme Court of Texas, in its 2009 decision in In re LABATT FOOD SERVICE, L.P.,...
Pine Oak Builders v. Great American Lloyds: Clarifying the Duty to Defend in CGL Policies

Pine Oak Builders v. Great American Lloyds: Clarifying the Duty to Defend in CGL Policies

Date: Feb 14, 2009
Pine Oak Builders v. Great American Lloyds: Clarifying the Duty to Defend in CGL Policies Introduction Pine Oak Builders, Inc. v. Great American Lloyds Insurance Company is a landmark case decided by...
Non-Jurisdictional Nature of Family Code Dismissal Deadlines Established in In re Department of Family Protective Services

Non-Jurisdictional Nature of Family Code Dismissal Deadlines Established in In re Department of Family Protective Services

Date: Feb 14, 2009
Non-Jurisdictional Nature of Family Code Dismissal Deadlines Established in In re Department of Family Protective Services Introduction Case: In re Department of Family Protective Services, Relator....
Supreme Court of Texas Establishes Precedent on Enforcing Forum-Selection Clauses via Mandamus Relief

Supreme Court of Texas Establishes Precedent on Enforcing Forum-Selection Clauses via Mandamus Relief

Date: Jan 10, 2009
Supreme Court of Texas Establishes Precedent on Enforcing Forum-Selection Clauses via Mandamus Relief Introduction In In re INTERNATIONAL PROFIT ASSOCIATES, INC.; International Tax Advisors, Inc.;...
Establishing Duty to Defend in Product Liability Class Actions Alleging Biological Injuries: Insights from Zurich Am. Ins. Co. v. Nokia, Inc.

Establishing Duty to Defend in Product Liability Class Actions Alleging Biological Injuries: Insights from Zurich Am. Ins. Co. v. Nokia, Inc.

Date: Dec 6, 2008
Establishing Duty to Defend in Product Liability Class Actions Alleging Biological Injuries: Insights from Zurich Am. Ins. Co. v. Nokia, Inc. (268 S.W.3d 487) Introduction The case of Zurich American...
Legal Commentary: Reaffirming Evidentiary Standards in Age Discrimination Claims - AutoZone v. Sal

Legal Commentary: Reaffirming Evidentiary Standards in Age Discrimination Claims - AutoZone v. Sal

Date: Dec 6, 2008
Legal Commentary: Reaffirming Evidentiary Standards in Age Discrimination Claims - AutoZone v. Sal Introduction In the landmark case of AutoZone, Inc. v. Salvador Reyes, decided by the Supreme Court...
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