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  • Commentaries
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Texas Case Commentaries

Termination of Lease Does Not Sever Participation in Mineral Pooling: Analysis of Wagner Brown, Ltd. v. Jane Turner Sheppard

Termination of Lease Does Not Sever Participation in Mineral Pooling: Analysis of Wagner Brown, Ltd. v. Jane Turner Sheppard

Date: Nov 22, 2008
Termination of Lease Does Not Sever Participation in Mineral Pooling: Analysis of Wagner Brown, Ltd. v. Jane Turner Sheppard Introduction The case of Wagner Brown, Ltd. et al. v. Jane Turner...
Rule of Capture Bars Recovery of Drainage Damages in Coastal Oil Gas Corp. v. Garza Energy Trust

Rule of Capture Bars Recovery of Drainage Damages in Coastal Oil Gas Corp. v. Garza Energy Trust

Date: Nov 15, 2008
Rule of Capture Bars Recovery of Drainage Damages in Coastal Oil Gas Corp. v. Garza Energy Trust Introduction Case: Coastal Oil Gas Corp. and Coastal Oil Gas USA, L.P. v. Garza Energy Trust et al....
Specific Performance Requires Proof of Readiness, Willingness, and Ability: Texas Supreme Court Establishes Clear Precedent

Specific Performance Requires Proof of Readiness, Willingness, and Ability: Texas Supreme Court Establishes Clear Precedent

Date: Oct 18, 2008
Specific Performance Requires Proof of Readiness, Willingness, and Ability: Texas Supreme Court Establishes Clear Precedent Introduction The Texas Supreme Court, in the case of Nick DiGiuseppe d/b/a...
Restricting Prejudicial Financial Evidence: Reliance Steel Aluminum Co. v. Alvarado

Restricting Prejudicial Financial Evidence: Reliance Steel Aluminum Co. v. Alvarado

Date: Sep 27, 2008
Restricting Prejudicial Financial Evidence: Reliance Steel Aluminum Co. v. Alvarado Introduction In Reliance Steel Aluminum Co. and Samuel Alvarado v. Michael Sevcik and Cathy Loth, the Supreme Court...
Enforcement of Written Attorney Fee Agreements: Parol Evidence Rule Affirmed

Enforcement of Written Attorney Fee Agreements: Parol Evidence Rule Affirmed

Date: Sep 27, 2008
Enforcement of Written Attorney Fee Agreements: Parol Evidence Rule Affirmed Introduction In the case of David J. Sacks, P.C. d/b/a Sacks Associates v. Charles McIntyre Haden, Jr., 266 S.W.3d 447...
Racial Bias in Peremptory Challenges: Analysis of Davis v. Fisk Electric Company

Racial Bias in Peremptory Challenges: Analysis of Davis v. Fisk Electric Company

Date: Sep 27, 2008
Racial Bias in Peremptory Challenges: Analysis of Davis v. Fisk Electric Company Introduction Donald Davis v. Fisk Electric Company, 268 S.W.3d 508 (Tex. 2008), adjudicated by the Supreme Court of...
Ulico v. Allied Pilots Association: Limiting Insurance Coverage Expansion through Waiver and Estoppel

Ulico v. Allied Pilots Association: Limiting Insurance Coverage Expansion through Waiver and Estoppel

Date: Aug 30, 2008
Ulico v. Allied Pilots Association: Limiting Insurance Coverage Expansion through Waiver and Estoppel Introduction In the landmark case of Ulico Casualty Company v. Allied Pilots Association (APA),...
Exclusivity of the CHRA as the Sole Remedy for Retaliation Claims: Insights from CITY OF WACO v. LOPEZ

Exclusivity of the CHRA as the Sole Remedy for Retaliation Claims: Insights from CITY OF WACO v. LOPEZ

Date: Aug 30, 2008
Exclusivity of the CHRA as the Sole Remedy for Retaliation Claims: Insights from CITY OF WACO v. LOPEZ Introduction In City of Waco, Texas, Petitioner v. Robert Lopez, 259 S.W.3d 147 (Tex. 2008), the...
Enforcement of Waiver-of-Reliance Provisions Precluding Fraudulent-Inducement Claims: Insights from Forest Oil v. McAllen

Enforcement of Waiver-of-Reliance Provisions Precluding Fraudulent-Inducement Claims: Insights from Forest Oil v. McAllen

Date: Aug 30, 2008
Enforcement of Waiver-of-Reliance Provisions Precluding Fraudulent-Inducement Claims: Insights from Forest Oil Corp. v. McAllen Introduction The case of Forest Oil Corporation and Daniel B. Worden v....
Extension of Time for Filing Statements of Points in Family Law Appeals: Insights from In the Interest of M.N.

Extension of Time for Filing Statements of Points in Family Law Appeals: Insights from In the Interest of M.N.

Date: Aug 30, 2008
Extension of Time for Filing Statements of Points in Family Law Appeals: Insights from In the Interest of M.N. Introduction The Supreme Court of Texas, in the case In the Interest of M.N., A Child....
Texas Supreme Court Establishes Unconscionability Standards for Arbitration Agreements in Retaliatory-Discharge Cases

Texas Supreme Court Establishes Unconscionability Standards for Arbitration Agreements in Retaliatory-Discharge Cases

Date: Aug 30, 2008
Texas Supreme Court Establishes Unconscionability Standards for Arbitration Agreements in Retaliatory-Discharge Cases Introduction In the case of IN RE POLY-AMERICA, L.P., Ind. and d/b/a Pol-Tex...
Significant Ruling on Arbitration Waiver: Perry HOMES v. CULL Establishes Strict Standards

Significant Ruling on Arbitration Waiver: Perry HOMES v. CULL Establishes Strict Standards

Date: Aug 30, 2008
Strict Criteria for Waiving Arbitration: Insights from Perry HOMES v. CULL Introduction In the landmark case of Perry Homes, A Joint Venture, Home Owners Multiple Equity, Inc., and Warranty...
Reconsideration of New Trial Orders: In re Baylor Medical Center at Garland

Reconsideration of New Trial Orders: In re Baylor Medical Center at Garland

Date: Aug 30, 2008
Reconsideration of New Trial Orders: In re Baylor Medical Center at Garland Introduction In re Baylor Medical Center at Garland, Relator. (280 S.W.3d 227) is a pivotal 2008 decision by the Supreme...
Actual Injury Standard Established for Occurrence-Based CGL Policies in Texas

Actual Injury Standard Established for Occurrence-Based CGL Policies in Texas

Date: Aug 30, 2008
Actual Injury Standard Established for Occurrence-Based CGL Policies in Texas Introduction In the landmark case of Don's Building Supply, Inc. v. OneBeacon Insurance Company, the Supreme Court of...
Gross Negligence in Medical Malpractice: Columbia Medical Center v. Hogue

Gross Negligence in Medical Malpractice: Columbia Medical Center v. Hogue

Date: Aug 30, 2008
Gross Negligence in Medical Malpractice: Columbia Medical Center v. Hogue Introduction The case of Columbia Medical Center of Las Colinas, Inc. d/b/a Las Colinas Medical Center v. Athena Hogue, et...
Mandamus Relief in Health Care Liability Claims: Establishing the Need for Adequate Expert Reports

Mandamus Relief in Health Care Liability Claims: Establishing the Need for Adequate Expert Reports

Date: Aug 30, 2008
Mandamus Relief in Health Care Liability Claims: Establishing the Need for Adequate Expert Reports Introduction The case of In re McAllen Medical Center, Inc. (275 S.W.3d 458) addressed critical...
Chapter 33 Applies to UCC Article 2 Breach of Implied Warranty Claims Involving Tort Damages

Chapter 33 Applies to UCC Article 2 Breach of Implied Warranty Claims Involving Tort Damages

Date: Jun 28, 2008
Chapter 33 Applies to UCC Article 2 Breach of Implied Warranty Claims Involving Tort Damages Introduction In the landmark case of JCW Electronics, Inc. v. Pearl Iriz Garza, Indi (257 S.W.3d 701), the...
Judicial Estoppel and Free Exercise Protections in Tort Claims: Pleasant Glade Assembly of God v. Schubert

Judicial Estoppel and Free Exercise Protections in Tort Claims: Pleasant Glade Assembly of God v. Schubert

Date: Jun 28, 2008
Judicial Estoppel and Free Exercise Protections in Tort Claims: Pleasant Glade Assembly of God v. Schubert Introduction The case of Pleasant Glade Assembly of God, et al. v. Laura Schubert (264...
Clarifying the Scope of the Texas Tort Claims Act's Election-of-Remedies: Mission CISD v. Garcia

Clarifying the Scope of the Texas Tort Claims Act's Election-of-Remedies: Mission CISD v. Garcia

Date: Jun 21, 2008
Clarifying the Scope of the Texas Tort Claims Act's Election-of-Remedies: Mission CISD v. Garcia Introduction Mission Consolidated Independent School District v. Gloria Garcia is a landmark case...
Limitations on PUC's Authority to Modify Municipal Power Contracts Under PURA Chapter 35

Limitations on PUC's Authority to Modify Municipal Power Contracts Under PURA Chapter 35

Date: Jun 21, 2008
Limitations on PUC's Authority to Modify Municipal Power Contracts Under PURA Chapter 35 Introduction In the case of TEXAS MUNICIPAL POWER AGENCY, City of Denton, City of Garland, and Geus f/k/a...
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