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  • Commentaries
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Texas Case Commentaries

Enforcement of Forum-Selection Clauses: Insights from In re LYON FINANCIAL SERVICES, Inc.

Enforcement of Forum-Selection Clauses: Insights from In re LYON FINANCIAL SERVICES, Inc.

Date: Jun 21, 2008
Enforcement of Forum-Selection Clauses: Insights from In re LYON FINANCIAL SERVICES, Inc. Introduction The case of In re LYON FINANCIAL SERVICES, Inc., 257 S.W.3d 228 (Tex. 2008), adjudicated by the...
Supreme Court of Texas Establishes 30-Day Extension for Deficient Expert Reports on Appellate Rulings in Health Care Liability Cases

Supreme Court of Texas Establishes 30-Day Extension for Deficient Expert Reports on Appellate Rulings in Health Care Liability Cases

Date: Jun 14, 2008
Supreme Court of Texas Establishes 30-Day Extension for Deficient Expert Reports on Appellate Rulings in Health Care Liability Cases Introduction The case of John Leland, D.D.S., Petitioner, v....
Texas Supreme Court Establishes No Duty for Landowners to Warn Independent Contractors' Employees of Obvious Hazards

Texas Supreme Court Establishes No Duty for Landowners to Warn Independent Contractors' Employees of Obvious Hazards

Date: Jun 14, 2008
Texas Supreme Court Establishes No Duty for Landowners to Warn Independent Contractors' Employees of Obvious Hazards Introduction In GENERAL ELECTRIC COMPANY v. Arthur Lee Moritz, 257 S.W.3d 211...
Evanston Insurance Company v. ATOFINA Petrochemicals: Expanding Scope of Additional Insured Coverage

Evanston Insurance Company v. ATOFINA Petrochemicals: Expanding Scope of Additional Insured Coverage

Date: Jun 14, 2008
Evanston Insurance Company v. ATOFINA Petrochemicals: Expanding Scope of Additional Insured Coverage Introduction Evanston Insurance Company v. ATOFINA Petrochemicals, Inc. (256 S.W.3d 660),...
Significant Reduction in Condemned Property Does Not Divest Trial Court Jurisdiction: FKM Partnership v. Board of Regents of the University of Houston System

Significant Reduction in Condemned Property Does Not Divest Trial Court Jurisdiction: FKM Partnership v. Board of Regents of the University of Houston System

Date: Jun 7, 2008
Significant Reduction in Condemned Property Does Not Divest Trial Court Jurisdiction FKM Partnership, Ltd. v. Board of Regents of the University of Houston System, 255 S.W.3d 619 (Tex. 2008)...
In re TEAM ROCKET: Preventing Plaintiffs from Circumventing Venue Rulings through Nonsuit and Refiling

In re TEAM ROCKET: Preventing Plaintiffs from Circumventing Venue Rulings through Nonsuit and Refiling

Date: May 24, 2008
In re TEAM ROCKET: Preventing Plaintiffs from Circumventing Venue Rulings through Nonsuit and Refiling Introduction The case In re TEAM ROCKET, L.P., MLF Airframes, Inc., and Mark L. Frederick,...
Texas Supreme Court Upholds Comptroller’s Retaliatory Tax Interpretation on Out-of-State Title Insurers

Texas Supreme Court Upholds Comptroller’s Retaliatory Tax Interpretation on Out-of-State Title Insurers

Date: May 17, 2008
Texas Supreme Court Upholds Comptroller’s Retaliatory Tax Interpretation on Out-of-State Title Insurers Introduction In the case of First American Title Insurance Company and Old Republic National...
Indigence in Appellate Proceedings: HIGGINS v. RANDALL COUNTY SHERIFF'S Office

Indigence in Appellate Proceedings: HIGGINS v. RANDALL COUNTY SHERIFF'S Office

Date: May 17, 2008
Indigence in Appellate Proceedings: HIGGINS v. RANDALL COUNTY SHERIFF'S Office Introduction Lawrence Higgins, a pro se appellant, challenged the dismissal of his civil suit for want of prosecution by...
Res Judicata and Administrative Wage Claims: A New Precedent in Texas Payday Law

Res Judicata and Administrative Wage Claims: A New Precedent in Texas Payday Law

Date: May 3, 2008
Res Judicata and Administrative Wage Claims: A New Precedent in Texas Payday Law Introduction The case of Saleh W. Igal v. Brightstar Information Technology Group, Inc. and BRBA, Inc. (250 S.W.3d 78)...
Reinforcement of Anders Brief Requirements: Mandated Motion to Withdraw in Frivolous Appeals - In re David Schulman

Reinforcement of Anders Brief Requirements: Mandated Motion to Withdraw in Frivolous Appeals - In re David Schulman

Date: May 1, 2008
Reinforcement of Anders Brief Requirements: Mandated Motion to Withdraw in Frivolous Appeals - In re David Schulman Introduction The case of In re David Schulman (252 S.W.3d 403) adjudicated by the...
Appealability of Sanctions Motions Under MLIIA Post Non-Suit: Villafani v. Trejo

Appealability of Sanctions Motions Under MLIIA Post Non-Suit: Villafani v. Trejo

Date: Apr 19, 2008
Appealability of Sanctions Motions Under MLIIA Post Non-Suit: Villafani v. Trejo Introduction In Juan Mario Villafani, M.D., Petitioner, v. Adela Trejo, Respondent (251 S.W.3d 466), the Supreme Court...
Texas Supreme Court Affirms Interlocutory Review for Inadequate Expert Reports in Health Care Liability Claims

Texas Supreme Court Affirms Interlocutory Review for Inadequate Expert Reports in Health Care Liability Claims

Date: Apr 12, 2008
Texas Supreme Court Affirms Interlocutory Review for Inadequate Expert Reports in Health Care Liability Claims Introduction The case of Rory Lewis, M.D., Petitioner, v. Dewayne Funderburk, as Next...
Attorney's Fees in Breach of Express Warranty Claims: A New Precedent Established by Medical City Dallas v. Carlisle Corporation

Attorney's Fees in Breach of Express Warranty Claims: A New Precedent Established by Medical City Dallas v. Carlisle Corporation

Date: Apr 12, 2008
Attorney's Fees in Breach of Express Warranty Claims: A New Precedent Established by Medical City Dallas v. Carlisle Corporation Introduction The case of Medical City Dallas, Ltd. v. Carlisle...
Insurer's Duty to Notify Additional Insureds: Insights from National Union Fire Insurance Co. v. Beatrice Crocker

Insurer's Duty to Notify Additional Insureds: Insights from National Union Fire Insurance Co. v. Beatrice Crocker

Date: Apr 5, 2008
Insurer's Duty to Notify Additional Insureds: Insights from National Union Fire Insurance Co. v. Beatrice Crocker Introduction National Union Fire Insurance Company of Pittsburgh, PA, Appellant, v....
20801, INC. v. Parker: Texas Supreme Court Clarifies Safe Harbor Protections under the Texas Dram Shop Act

20801, INC. v. Parker: Texas Supreme Court Clarifies Safe Harbor Protections under the Texas Dram Shop Act

Date: Mar 29, 2008
20801, INC. v. Parker: Texas Supreme Court Clarifies Safe Harbor Protections under the Texas Dram Shop Act Introduction The Texas Supreme Court's decision in 20801, INC. v. John L. Parker, 249 S.W.3d...
Actual Knowledge Requirement for Governmental Immunity Waiver under Texas Tort Claims Act: City of Corsicana v. Stewart

Actual Knowledge Requirement for Governmental Immunity Waiver under Texas Tort Claims Act: City of Corsicana v. Stewart

Date: Mar 29, 2008
Actual Knowledge Requirement for Governmental Immunity Waiver under Texas Tort Claims Act: City of Corsicana v. Stewart Introduction City of Corsicana, Texas, v. Patrick Stewart Sr. and Sentria...
Mandamus Relief Restricts Presuit Depositions in Health-Care Liability Claims

Mandamus Relief Restricts Presuit Depositions in Health-Care Liability Claims

Date: Mar 29, 2008
Mandamus Relief Restricts Presuit Depositions in Health-Care Liability Claims Introduction The case In re Jack JORDEN, M.D. et al., Relators. (249 S.W.3d 416) adjudicated by the Supreme Court of...
Supreme Court of Texas Reaffirms Schlueter Principles in Community Property Fraud: Limiting Third-Party Liability

Supreme Court of Texas Reaffirms Schlueter Principles in Community Property Fraud: Limiting Third-Party Liability

Date: Mar 29, 2008
Supreme Court of Texas Reaffirms Schlueter Principles in Community Property Fraud: Limiting Third-Party Liability Introduction The case of William Chu v. Chong Hui Hong (249 S.W.3d 441), adjudicated...
Texas Supreme Court Upholds Insurability of Exemplary Damages for Gross Negligence in Workers' Compensation Cases

Texas Supreme Court Upholds Insurability of Exemplary Damages for Gross Negligence in Workers' Compensation Cases

Date: Feb 16, 2008
Texas Supreme Court Upholds Insurability of Exemplary Damages for Gross Negligence in Workers' Compensation Cases Introduction Fairfield Insurance Company v. Stephens Martin Paving, LP; Carrie...
Texas Supreme Court Sets New Precedent on Class Certification in Oil and Gas Royalty Litigation

Texas Supreme Court Sets New Precedent on Class Certification in Oil and Gas Royalty Litigation

Date: Feb 16, 2008
Texas Supreme Court Sets New Precedent on Class Certification in Oil and Gas Royalty Litigation Introduction In the landmark case of Bowden et al. v. Phillips Petroleum Company et al., decided on...
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