Texas Case Commentaries

Overbroad Discovery Order in In re National Lloyds Insurance Co.: A Landmark Texas Supreme Court Decision

Date: Oct 29, 2016

Overbroad Discovery Order in In re National Lloyds Insurance Co.: A Landmark Texas Supreme Court Decision Introduction The Texas Supreme Court's decision in In re National Lloyds Insurance Company,...

Texas Supreme Court Rules Land Description in Oil and Gas Option Agreement Unambiguous, Favoring Landowners

Date: Oct 29, 2016

Texas Supreme Court Rules Land Description in Oil and Gas Option Agreement Unambiguous, Favoring Landowners Introduction In the case of North Shore Energy, L.L.C. v. John James Harkins, et al., the...

Proximate Cause Essential to Waive Governmental Immunity: Texas Supreme Court Dismisses City of Dallas v. Sanchez

Date: Jul 2, 2016

Proximate Cause Essential to Waive Governmental Immunity: Texas Supreme Court Dismisses City of Dallas v. Sanchez Introduction The case of City of Dallas v. Diane Sanchez, Individually and as...

Enforcing Forum-Selection Clauses: Texas Supreme Court Sets Precedent in In re Nationwide Insurance Co. of America

Date: Jun 25, 2016

Enforcing Forum-Selection Clauses: Texas Supreme Court Sets Precedent in In re Nationwide Insurance Company of America, et al. Introduction The legal landscape surrounding forum-selection...

Crosstex North Texas Pipeline v. Gardiner: Clarifying the Definition and Liability Standards for Private Nuisance in Texas

Date: Jun 25, 2016

Crosstex North Texas Pipeline v. Gardiner: Clarifying the Definition and Liability Standards for Private Nuisance in Texas Introduction In Crosstex North Texas Pipeline, L.P., n/k/a Enlink North...

Chapter 95 of Texas Civil Practice & Remedies Code: Expanded Applicability to Negligence Claims

Date: Jun 18, 2016

Chapter 95 of Texas Civil Practice & Remedies Code: Expanded Applicability to Negligence Claims Introduction The Supreme Court of Texas, in the case of INEOS USA, LLC f/k/a Innovene USA, LLC v....

Supreme Court Clarifies Insurer's Coverage Obligations for Leased-in Workers in Stowers Actions

Date: Jun 18, 2016

Supreme Court Clarifies Insurer's Coverage Obligations for Leased-in Workers in Stowers Actions Introduction In the landmark case of Roy Seger, et al. v. Yorkshire Insurance Co., Ltd., and Ocean...

Substantial Truth Standard in Defamation: KBMT Operating Company v. Minda Lao Toledo

Date: Jun 18, 2016

Substantial Truth Standard in Defamation: KBMT Operating Company, LLC v. Minda Lao Toledo Introduction In the landmark case of KBMT Operating Company, LLC, KBMT License Company, LLC, Brian Burns,...

Sovereign Immunity and Premises Defect: Analysis of John Sampson v. The University of Texas at Austin

Date: Jun 11, 2016

Sovereign Immunity and Premises Defect: Analysis of John Sampson v. The University of Texas at Austin Introduction The case of John Sampson v. The University of Texas at Austin, 500 S.W.3d 380 (Tex....

Southwestern Energy Production Co. v. Berry-Helfand: Clarifying Actual Damages in Trade Secret Misappropriation Under Texas Law

Date: Jun 11, 2016

Southwestern Energy Production Co. v. Berry-Helfand: Clarifying Actual Damages in Trade Secret Misappropriation Under Texas Law Introduction The case of Southwestern Energy Production Company v. Toby...

Redefining Contractor Status Under Texas Civil Practice and Remedies Code §95: First Texas Bank v. Chris Carpenter

Date: Jun 11, 2016

Redefining Contractor Status Under Texas Civil Practice and Remedies Code §95: First Texas Bank v. Chris Carpenter Introduction First Texas Bank v. Chris Carpenter, 491 S.W.3d 729 (Tex. 2016), is a...

Texas Supreme Court Clarifies Exclusive-Remedy Defense for Subcontractors under Workers' Compensation Act

Date: Jun 4, 2016

Texas Supreme Court Clarifies Exclusive-Remedy Defense for Subcontractors under Workers' Compensation Act Introduction The case of TIC Energy and Chemical, Inc. v. Kevin Bradford Martin (498 S.W.3d...

Dominant Jurisdiction Affirmed in In re J.B. Hunt Transport, Inc.

Date: May 28, 2016

Dominant Jurisdiction Affirmed in In re J.B. Hunt Transport, Inc. Introduction The Supreme Court of Texas, in the case of In re J.B. Hunt Transport, Inc., Relator (492 S.W.3d 287, 2016), addressed a...

Mandamus Relief in Medical Peer Review Privilege: In re Christus Santa Rosa Health System

Date: May 28, 2016

Mandamus Relief in Medical Peer Review Privilege: In re Christus Santa Rosa Health System Introduction The case of In re Christus Santa Rosa Health System, d/b/a Christus Santa Rosa Hospital–New...

Texas Supreme Court Sets New Mandamus Standard for Physical Examination Motions under Rule 204.1

Date: May 28, 2016

Texas Supreme Court Sets New Mandamus Standard for Physical Examination Motions under Rule 204.1 Introduction The case In re H.E.B. Grocery Company, L.P., Relator, cited as 492 S.W.3d 300, was...

Pre-suit Expert Report Service Suffices Under Texas Medical Liability Act

Date: May 28, 2016

Pre-suit Expert Report Service Suffices Under Texas Medical Liability Act: A Comprehensive Analysis of Hebner v. Reddy Introduction In the landmark case Haley Hebner and Darrin Charles Scott, Indi v....

Enforcement of Broad Tenant Reimbursement Provisions Under Texas Property Code: Analysis of Philadelphia Indemnity Insurance Company v. Carmen White

Date: May 14, 2016

Enforcement of Broad Tenant Reimbursement Provisions Under Texas Property Code: Analysis of Philadelphia Indemnity Insurance Company v. Carmen White 1. Introduction In the landmark case of...

Proprietary Function and Municipal Immunity: Insights from Wheelabrator v. City of San Antonio

Date: Apr 16, 2016

Proprietary Function and Municipal Immunity: Insights from Wheelabrator v. City of San Antonio Introduction The Supreme Court of Texas, in the landmark case of Wheelabrator Air Pollution Control,...

Clarification of Attorney's Fees under the Texas Citizens Participation Act in Michael Quinn Sullivan v. Salem Abraham

Date: Apr 16, 2016

Clarification of Attorney's Fees under the Texas Citizens Participation Act in Michael Quinn Sullivan v. Salem Abraham Introduction Michael Quinn Sullivan v. Salem Abraham is a pivotal case...

Opportunity to Cure Chapter 14 Filing Defects: Texas Supreme Court Establishes Critical Procedural Safeguards for Inmate Appeals

Date: Apr 2, 2016

Opportunity to Cure Chapter 14 Filing Defects: Texas Supreme Court Establishes Critical Procedural Safeguards for Inmate Appeals Introduction In the landmark case of Brent Alan McLean v. Brad...