Texas Case Commentaries

Texas Supreme Court Establishes Directory Nature of Service Deadline in Clean Air Act Appeals

Date: Mar 24, 2018

Texas Supreme Court Establishes Directory Nature of Service Deadline in Clean Air Act Appeals Introduction In the landmark case of AC Interests, L.P., formerly American Coatings, L.P., Petitioner, v....

Standing for Easement Holders in Declaratory Judgments: Insights from Lance v. Robinson

Date: Mar 24, 2018

Standing for Easement Holders in Declaratory Judgments: Insights from Lance v. Robinson Introduction The Supreme Court of Texas, in the landmark case of John A. Lance, Debra L. Lance, F.D. Franks,...

Reinforcing the Parol Evidence Rule: Insights from URI, Inc. v. Kleberg County

Date: Mar 24, 2018

Reinforcing the Parol Evidence Rule: Insights from URI, Inc. v. Kleberg County Introduction The case of URI, Inc. v. Kleberg County, 543 S.W.3d 755 (Tex. 2018), adjudicated by the Supreme Court of...

Koopmann v. ConocoPhillips: Upholding Future Oil & Gas Royalty Interests Beyond Perpetuities with Ambiguous Savings Clauses

Date: Mar 24, 2018

Koopmann v. ConocoPhillips: Upholding Future Oil & Gas Royalty Interests Beyond Perpetuities with Ambiguous Savings Clauses Introduction In the landmark case of Conocophillips Company and Burlington...

Enforcing Arbitration Clauses in Short-Term Loan Agreements: Insights from Hiawatha Henry v. Cash Biz

Date: Feb 24, 2018

Enforcing Arbitration Clauses in Short-Term Loan Agreements: Insights from Hiawatha Henry v. Cash Biz Introduction The case of Hiawatha Henry, Addie Harris, Montray Norris, and Roosevelt Coleman,...

Franchise Agreements and Common Law Relocation Obligations Prevail Over Tariff Pro-forma Provisions: Insights from CITY OF RICHARDSON v. ONCOR ELECTRIC DELIVERY COMPANY LLC

Date: Feb 3, 2018

Franchise Agreements and Common Law Relocation Obligations Prevail Over Tariff Pro-forma Provisions: Insights from City of Richardson v. Oncor Electric Delivery Company LLC Introduction The case of...

Defining Sufficiency of Expert Reports in Medical Malpractice Claims under the Texas Medical Liability Act

Date: Feb 3, 2018

Defining Sufficiency of Expert Reports in Medical Malpractice Claims under the Texas Medical Liability Act Introduction The case of Barbara Baty v. Olga Futrell, CRNA, and Complete Anesthesia Care,...

Ensuring Adequate Expert Reports Under TEX. CIV. PRAC. & REM. CODE § 74.351: Analysis of Karen Miller v. JSC Lake Highlands Operations, LP

Date: Dec 16, 2017

Ensuring Adequate Expert Reports Under TEX. CIV. PRAC. & REM. CODE § 74.351: Analysis of Karen Miller v. JSC Lake Highlands Operations, LP Introduction In the landmark case Karen Miller, Indi v....

Reinterpreting 'Issue' in Texas Workers' Compensation Law: Insights from STATE OFFICE OF RISK MANAGEMENT v. Edna A. Martinez

Date: Dec 16, 2017

Reinterpreting 'Issue' in Texas Workers' Compensation Law: Insights from STATE OFFICE OF RISK MANAGEMENT v. Edna A. Martinez Introduction The Supreme Court of Texas, in the case of STATE OFFICE OF...

Supreme Court of Texas Establishes Substantial-Factor Test for Proximate Cause in Medical Malpractice: Bustamante v. Ponte

Date: Sep 30, 2017

Supreme Court of Texas Establishes Substantial-Factor Test for Proximate Cause in Medical Malpractice: Bustamante v. Ponte Introduction The case of Marcela and Jose Bustamante v. Enrique N. Ponte,...

Premises Liability Claims Require Explicit Jury Instructions on Premises Defect Elements – United Scaffolding, Inc. v. James Levine

Date: Jul 1, 2017

Premises Liability Claims Require Explicit Jury Instructions on Premises Defect Elements – United Scaffolding, Inc. v. James Levine Introduction United Scaffolding, Inc. v. James Levine is a...

Dismissal of Defamation Claims Based on Denied Communications under the Texas Citizens Participation Act

Date: Jul 1, 2017

Dismissal of Defamation Claims Based on Denied Communications under the Texas Citizens Participation Act Introduction The case of Julie Hersh v. John Tatum and Mary Ann Tatum centers on the interplay...

Enforcement of Royalty Obligations in Overlapping Mineral Lease Pools: Texas Supreme Court's Landmark Decision

Date: Jun 24, 2017

Enforcement of Royalty Obligations in Overlapping Mineral Lease Pools: Texas Supreme Court's Landmark Decision Introduction The Texas Supreme Court, in the case of Samson Exploration, LLC (formerly...

Community Health Systems v. Hansen: Clarifying Termination Without Cause and Tortious Interference in Medical Employment Contracts

Date: Jun 17, 2017

Community Health Systems v. Hansen: Clarifying Termination Without Cause and Tortious Interference in Medical Employment Contracts Introduction The case of Community Health Systems Professional...

Helix Energy Solutions Group v. Kelvin Gold: Defining 'Vessel in Navigation' Under the Jones Act

Date: Jun 17, 2017

Helix Energy Solutions Group v. Kelvin Gold: Defining 'Vessel in Navigation' Under the Jones Act Introduction The case of Helix Energy Solutions Group, Inc., Helix Well Ops, Inc., and Helix Offshore...

Protecting Attorney Work-Product: Texas Supreme Court Sets New Precedent on Discoverability of Opposing Counsel's Billing Information

Date: Jun 10, 2017

Protecting Attorney Work-Product: Texas Supreme Court Sets New Precedent on Discoverability of Opposing Counsel's Billing Information Introduction In the landmark case In re National Lloyds Insurance...

Texas Supreme Court Reverses Defamation Per Se Ruling in Bedford v. Spassoff

Date: Jun 10, 2017

Texas Supreme Court Reverses Defamation Per Se Ruling in Bedford v. Spassoff Introduction In Bedford v. Spassoff, 520 S.W.3d 901 (Tex. 2017), the Supreme Court of Texas addressed a pivotal libel case...

Enhanced Causation Requirements for Expert Reports under the Texas Medical Liability Act

Date: Jun 10, 2017

Enhanced Causation Requirements for Expert Reports under the Texas Medical Liability Act Introduction The case of Columbia Valley Healthcare System, L.P. d/b/a Valley Regional Medical Center,...

Texas Supreme Court Declines Compelled Self-Defamation and Upholds Employment Discrimination Dismissals in Rincones v. Exxon, WHM, and DISA

Date: May 27, 2017

Texas Supreme Court Declines Compelled Self-Defamation and Upholds Employment Discrimination Dismissals in Rincones v. Exxon, WHM, and DISA Introduction In the case of Gilberto Rincones v. Exxon...

Horizon Health v. Acadia: Texas Supreme Court Establishes Per-Defendant Analysis for Exemplary Damages and Reaffirms Limitation on Lost Profits Recovery

Date: May 27, 2017

Horizon Health v. Acadia: Texas Supreme Court Establishes Per-Defendant Analysis for Exemplary Damages and Reaffirms Limitation on Lost Profits Recovery Introduction The Supreme Court of Texas, in...