Texas Case Commentaries

Supreme Court of Texas Establishes New Precedent on Mineral Leases and Trespass in Oil and Gas Drilling

Date: May 20, 2017

Supreme Court of Texas Establishes New Precedent on Mineral Leases and Trespass in Oil and Gas Drilling Introduction The case of Lightning Oil Company v. Anadarko E&P Onshore, LLC addressed crucial...

Authority to File Findings Post-Judicial Term: AD VILLARAI v. CHAN IL PAK

Date: May 13, 2017

Authority to File Findings Post-Judicial Term: AD VILLARAI v. CHAN IL PAK Introduction In AD VILLARAI, LLC, et al. v. CHAN IL PAK (519 S.W.3d 132), the Supreme Court of Texas addressed a procedural...

Recognition of Urinary Incontinence as a Disability in Employment Discrimination: Paul Green v. Dallas County Schools

Date: May 13, 2017

Recognition of Urinary Incontinence as a Disability in Employment Discrimination: Paul Green v. Dallas County Schools Introduction The case of Paul Green v. Dallas County Schools (537 S.W.3d 501)...

Employment Determination in Appraisal Review Boards: Insights from Harris County Appraisal District v. Texas Workforce Commission

Date: May 13, 2017

Employment Determination in Appraisal Review Boards: Insights from Harris County Appraisal District v. Texas Workforce Commission Introduction The case of Harris County Appraisal District (HCAD) v....

Clarifying Third-Party Beneficiary Requirements in Unambiguous Contracts: Analysis of First Bank v. Brumitt

Date: May 13, 2017

Clarifying Third-Party Beneficiary Requirements in Unambiguous Contracts: Analysis of First Bank v. Brumitt 1. Introduction First Bank v. Richard Brumitt, decided by the Supreme Court of Texas on May...

Strict Enforcement of Statutory Notice Requirements in Insurance Premium Financing

Date: May 13, 2017

Strict Enforcement of Statutory Notice Requirements in Insurance Premium Financing: BankDirect Capital Finance, LLC v. Plasma Fab, LLC Introduction The case of BankDirect Capital Finance, LLC, a...

Texas Supreme Court Upholds Non-Waiver Clauses in Commercial Leases

Date: May 13, 2017

Texas Supreme Court Upholds Non-Waiver Clauses in Commercial Leases Introduction In the landmark case of Shields Limited Partnership v. Boo Nathaniel Bradberry and 40/40 Enterprises, the Supreme...

Limits on Exemplary Damages in Malicious Prosecution: Bennett v. Grant

Date: Apr 29, 2017

Limits on Exemplary Damages in Malicious Prosecution: Bennett v. Grant Introduction Bennett v. Grant, adjudicated by the Supreme Court of Texas on April 28, 2017, marks a pivotal moment in Texas...

Strict Interpretation of 'Interest' in Texas Tied-House Statutes Affirmed: Insights from Cadena Comercial USA Corp. v. TABC

Date: Apr 29, 2017

Strict Interpretation of 'Interest' in Texas Tied-House Statutes Affirmed: Insights from Cadena Comercial USA Corp. v. Texas Alcoholic Beverage Commission Introduction The case of Cadena Comercial...

Cimco Refrigeration v. Bartush-Schnitzius Foods: Redefining Material Breach in Contract Law

Date: Apr 29, 2017

Cimco Refrigeration v. Bartush-Schnitzius Foods: Redefining Material Breach in Contract Law Introduction The case of Bartush-Schnitzius Foods Co. v. Cimco Refrigeration, Inc. (518 S.W.3d 432)...

Equitable Remedies in Fiduciary Breach: Insights from First United Pentecostal Church of Beaumont v. Leigh Parker

Date: Mar 18, 2017

Equitable Remedies in Fiduciary Breach: Insights from First United Pentecostal Church of Beaumont v. Leigh Parker Introduction The case of First United Pentecostal Church of Beaumont, D/B/A The...

Defamation and Free Speech under the Texas Citizens Participation Act: Judicial Standards and Source Reliability

Date: Mar 18, 2017

Defamation and Free Speech under the Texas Citizens Participation Act: Judicial Standards and Source Reliability Introduction The case of D Magazine Partners, L.P. d/b/a D Magazine, Magazine Limited...

Sovereign Immunity and the Finality of Judgments: Insights from Engelman Irrigation District v. Shields Brothers

Date: Mar 18, 2017

Sovereign Immunity and the Finality of Judgments: Insights from Engelman Irrigation District v. Shields Brothers Introduction The case of Engelman Irrigation District v. Shields Brothers, Inc. (514...

Texas Supreme Court Reaffirms Limits on Specific Jurisdiction Over Nonresident Corporations

Date: Mar 4, 2017

Texas Supreme Court Reaffirms Limits on Specific Jurisdiction Over Nonresident Corporations Introduction The Supreme Court of Texas, in the landmark case M&F Worldwide Corp., et al. v. Pepsi-Cola...

Insured v. Insured Exclusion Clarified in Great American Insurance Co. v. Robert Primo

Date: Feb 25, 2017

Insured v. Insured Exclusion Clarified in Great American Insurance Co. v. Robert Primo Introduction The Supreme Court of Texas, in Great American Insurance Company v. Robert Primo, 512 S.W.3d 890...

Texas Supreme Court Upholds Diagnostic Assessment Rule for Marriage and Family Therapists

Date: Feb 25, 2017

Texas Supreme Court Upholds Diagnostic Assessment Rule for Marriage and Family Therapists Introduction In the landmark case of TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS, et al....

Enhanced Applicability of the Texas Citizens Participation Act in Internal Communications: Exxonmobil Pipeline Co. v. Coleman

Date: Feb 25, 2017

Enhanced Applicability of the Texas Citizens Participation Act in Internal Communications: Exxonmobil Pipeline Co. v. Coleman Introduction The case of ExxonMobil Pipeline Company, Robert W. Caudle,...

Application of Chapter 614, Subchapter B to At-Will Terminations of Peace Officers Confirmed

Date: Feb 4, 2017

Application of Chapter 614, Subchapter B to At-Will Terminations of Peace Officers Confirmed Introduction In Colorado County, Texas, R.H. "Curly" Wied v. Marc Staff, 510 S.W.3d 435 (Tex. 2017), the...

Nassar v. Liberty Mutual: Clarifying Coverage of Attached Structures in Homeowners Insurance Policies

Date: Jan 28, 2017

Nassar v. Liberty Mutual: Clarifying Coverage of Attached Structures in Homeowners Insurance Policies Introduction In Nassar v. Liberty Mutual Fire Insurance Company, 508 S.W.3d 254 (Tex. 2017), the...

Duty of Property Owners to Protect Invitees from Third-Party Criminal Acts Under Texas Law

Date: Jan 28, 2017

Duty of Property Owners to Protect Invitees from Third-Party Criminal Acts Under Texas Law Introduction UDR Texas Properties, L.P. D/B/A The Gallery Apartments, United Dominion Realty Trust, Inc.,...