Texas Case Commentaries

Short-Term Vacation Rentals Permitted Under Unambiguous Residential Use Covenants: Tarr v. Timberwood Park Owners Association

Date: May 26, 2018

Short-Term Vacation Rentals Permitted Under Unambiguous Residential Use Covenants: Tarr v. Timberwood Park Owners Association Introduction In the landmark case Kenneth H. Tarr v. Timberwood Park...

Expanding the Definition of "Unemployed": Texas Supreme Court's Interpretation in Texas Workforce Commission v. Wichita County

Date: May 26, 2018

Expanding the Definition of "Unemployed": Texas Supreme Court's Interpretation in Texas Workforce Commission v. Wichita County Introduction Texas Workforce Commission v. Wichita County is a landmark...

Harris County v. Annab: Defining Governmental Immunity under the Texas Tort Claims Act

Date: May 12, 2018

Harris County v. Annab: Defining Governmental Immunity under the Texas Tort Claims Act Introduction In the landmark case of Harris County, Texas v. Lori Annab (547 S.W.3d 609), the Supreme Court of...

Textual and Extrinsic Defamation: A New Framework Established in The Dallas Morning News v. Tatum

Date: May 12, 2018

Textual and Extrinsic Defamation: A New Framework Established in The Dallas Morning News v. Tatum Introduction The case of The Dallas Morning News, Inc. and Steve Blow v. John Tatum and Mary Ann...

Arbitration and Non-Signatories: Insights from Jody James Farms, JV v. The Altman Group, Inc.

Date: May 12, 2018

Arbitration and Non-Signatories: Insights from Jody James Farms, JV v. The Altman Group, Inc. Introduction The case of Jody James Farms, JV v. The Altman Group, Inc. and Laurie Diaz (547 S.W.3d 624)...

Exclusive Jurisdiction of the Texas PUC in Utility Contract Disputes

Date: Apr 28, 2018

Exclusive Jurisdiction of the Texas PUC in Utility Contract Disputes Introduction The case of Oncor Electric Delivery Company LLC v. Chaparral Energy, LLC (546 S.W.3d 133) addressed a pivotal issue...

Reinterpreting the TCPA’s Commercial Speech Exemption: Castleman v. Internet Money Limited

Date: Apr 28, 2018

Reinterpreting the TCPA’s Commercial Speech Exemption: Castleman v. Internet Money Limited Introduction In the case of Timothy Castleman and Castleman Consulting, LLC v. Internet Money Limited and...

Affirmation of the Sham Affidavit Rule under Texas Rule 166a

Date: Apr 28, 2018

Affirmation of the Sham Affidavit Rule under Texas Rule 166a Introduction In the landmark case Albert Lujan d/b/a Texas Wholesale Flower Co., Petitioner, v. Navistar, Inc., the Supreme Court of Texas...

Supreme Court of Texas Clarifies Interpretation of "Save and Except" Clauses in Royalty Interest Allocation

Date: Apr 28, 2018

Supreme Court of Texas Clarifies Interpretation of "Save and Except" Clauses in Royalty Interest Allocation Introduction The case of GARY DON PERRYMAN, NANCY K. PERRYMAN AND LEASHA PERRYMAN BOWDEN;...

Reaffirming Attorney Immunity Under the Texas Citizens Participation Act: Youngkin v. Hines

Date: Apr 28, 2018

Reaffirming Attorney Immunity Under the Texas Citizens Participation Act: Youngkin v. Hines Introduction In Youngkin v. Hines (546 S.W.3d 675), the Supreme Court of Texas addressed pivotal issues...

Clarifying Appraisal District Authority and Fraud Exceptions: Willacy County Appraisal District v. Sebastian Cotton & Grain, Ltd.

Date: Apr 28, 2018

Clarifying Appraisal District Authority and Fraud Exceptions: Willacy County Appraisal District v. Sebastian Cotton & Grain, Ltd. Introduction The Willacy County Appraisal District (WCAD) v....

Recognition of Matters of Public Concern in TCPA Defamation Claims: Adams v. Starside Custom Builders

Date: Apr 21, 2018

Recognition of Matters of Public Concern in TCPA Defamation Claims: Adams v. Starside Custom Builders Introduction In Adams v. Starside Custom Builders, LLC, 547 S.W.3d 890 (Tex. 2018), the Supreme...

Sanctioning Parties for Non-Party Actions: Insights from In re Carolina Garza

Date: Apr 14, 2018

Sanctioning Parties for Non-Party Actions: Insights from In re Carolina Garza Introduction The case of In re Carolina Garza, Relator (544 S.W.3d 836) adjudicated by the Supreme Court of Texas on...

Reaffirming the Legal Injury Rule: Schlumberger Technology Corp. v. Pasko

Date: Apr 14, 2018

Reaffirming the Legal Injury Rule: Schlumberger Technology Corp. v. Pasko Introduction The case of Schlumberger Technology Corporation v. Michael Pasko and Peggy Pasko, adjudicated by the Supreme...

Texas Supreme Court Clarifies Vicarious Liability Standards in Amerimex Drilling v. Painter

Date: Apr 14, 2018

Texas Supreme Court Clarifies Vicarious Liability Standards in Amerimex Drilling v. Painter Introduction In the landmark case of Painter v. Amerimex Drilling I, Ltd., the Supreme Court of Texas...

Finality of Judicial Orders Under Lehmann: A Comprehensive Analysis

Date: Apr 14, 2018

Finality of Judicial Orders Under Lehmann: A Comprehensive Analysis Introduction The Supreme Court of Texas, in the case In re Paul & Cynthia Elizondo and Eagle Fabricators, Inc. (544 S.W.3d 824,...

Clarifying Insured's Recovery Rights Under Texas Insurance Code: USAA Texas Lloyds Co. v. Gail Menchaca

Date: Apr 14, 2018

Clarifying Insured's Recovery Rights Under Texas Insurance Code: USAA Texas Lloyds Co. v. Gail Menchaca Introduction In the landmark case USAA Texas Lloyds Company v. Gail Menchaca, 545 S.W.3d 479...

Same-Sex Harassment and Retaliation Under TCHRA: Insights from Alamo Heights Independent School District v. Catherine Clark

Date: Apr 7, 2018

Same-Sex Harassment and Retaliation Under TCHRA: Insights from Alamo Heights Independent School District v. Catherine Clark Introduction The case of Alamo Heights Independent School District v....

Negation of Warranty and Red Flags Preclude Justifiable Reliance: Texas Supreme Court in JPMorgan Chase Bank v. Orca Assets

Date: Mar 24, 2018

Negation of Warranty and Red Flags Preclude Justifiable Reliance: Texas Supreme Court in JPMorgan Chase Bank v. Orca Assets Introduction The case of JPMorgan Chase Bank, N.A., et al. v. Orca Assets...

Interpreting Testamentary Intent: Life Estate vs. Fee Simple in Will Construction

Date: Mar 24, 2018

Interpreting Testamentary Intent: Life Estate vs. Fee Simple in Will Construction Introduction The case of Annette Knopf and Stanley Gray v. William Robert Gray, Karen Ann Gray, and Polasek Farms,...