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  • Commentaries
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Texas Case Commentaries

Separation of Termination of Parental Rights and Conservatorship Appointments: Analysis of In the Interest of J.A.J., A Child. (243 S.W.3d 611)

Separation of Termination of Parental Rights and Conservatorship Appointments: Analysis of In the Interest of J.A.J., A Child. (243 S.W.3d 611)

Date: Feb 9, 2008
Separation of Termination of Parental Rights and Conservatorship Appointments: Analysis of In the Interest of J.A.J., A Child. (243 S.W.3d 611) Introduction The case In the Interest of J.A.J., A...
Strict Standing Requirements for Class Actions: Texas Supreme Court Dismisses DaimlerChrysler Seatbelt Buckle Class Action

Strict Standing Requirements for Class Actions: Texas Supreme Court Dismisses DaimlerChrysler Seatbelt Buckle Class Action

Date: Feb 2, 2008
Strict Standing Requirements for Class Actions: Texas Supreme Court Dismisses DaimlerChrysler Seatbelt Buckle Class Action Introduction In DaimlerChrysler Corporation v. Bill Inman, 252 S.W.3d 299...
Supreme Court of Texas Establishes Strict Interpretation of Annexation Arbitration Rights in Rockwall v. Hughes

Supreme Court of Texas Establishes Strict Interpretation of Annexation Arbitration Rights in Rockwall v. Hughes

Date: Jan 26, 2008
Supreme Court of Texas Establishes Strict Interpretation of Annexation Arbitration Rights in Rockwall v. Hughes Introduction The landmark case, City of Rockwall, Texas, Petitioner, v. Vester T....
Enforcement of Discovery Agreements in Apex Depositions: In re BP Products North America, Inc.

Enforcement of Discovery Agreements in Apex Depositions: In re BP Products North America, Inc.

Date: Jan 26, 2008
Enforcement of Discovery Agreements in Apex Depositions: In re BP Products North America, Inc. Introduction The case In re BP Products North America, Inc. (244 S.W.3d 840) adjudicated by the Supreme...
Strengthening Standards on Improper Jury Arguments: Insights from Living Centers of Texas v. Peñalver

Strengthening Standards on Improper Jury Arguments: Insights from Living Centers of Texas v. Peñalver

Date: Jan 26, 2008
Strengthening Standards on Improper Jury Arguments: Insights from Living Centers of Texas, Inc. v. Peñalver Introduction The case of Living Centers of Texas, Inc., Cyndi Brown, LNFA, and Kimberly...
Arkoma v. FMF: Differentiating Fact and Opinion in Fraudulent Reserve Estimates

Arkoma v. FMF: Differentiating Fact and Opinion in Fraudulent Reserve Estimates

Date: Jan 26, 2008
Arkoma v. FMF: Differentiating Fact and Opinion in Fraudulent Reserve Estimates Introduction The case of Arkoma Basin Exploration Company, Inc., et al., v. FMF Associates 1990-A, Ltd., et al. (249...
Notice-Prejudice Rule in Insurance Coverage: Insurer Cannot Deny Coverage for Untimely Notice Without Prejudice

Notice-Prejudice Rule in Insurance Coverage: Insurer Cannot Deny Coverage for Untimely Notice Without Prejudice

Date: Jan 12, 2008
Notice-Prejudice Rule in Insurance Coverage: Insurer Cannot Deny Coverage for Untimely Notice Without Prejudice Introduction The Supreme Court of Texas, in PAJ, Inc. d/b/a Prime Art Jewel v. The...
Limitations on Successive Motions for New Trial Under Texas Rule 329b: In re BROOKSHIRE GROCERY COMPANY

Limitations on Successive Motions for New Trial Under Texas Rule 329b: In re BROOKSHIRE GROCERY COMPANY

Date: Jan 5, 2008
Limitations on Successive Motions for New Trial Under Texas Rule 329b: In re BROOKSHIRE GROCERY COMPANY Introduction In re BROOKSHIRE GROCERY COMPANY, Relator. (250 S.W.3d 66) is a pivotal judgment...
Enhanced Legal Standards for Manufacturing Defects and Producing Cause in Product Liability Cases: FORD MOTOR CO. v. LEDESMA

Enhanced Legal Standards for Manufacturing Defects and Producing Cause in Product Liability Cases: FORD MOTOR CO. v. LEDESMA

Date: Dec 22, 2007
Enhanced Legal Standards for Manufacturing Defects and Producing Cause in Product Liability Cases: FORD MOTOR CO. v. LEDESMA Introduction In the landmark case of Ford Motor Company v. Tiburcio...
Final Judicial Review Denied: Supreme Court of Texas Limits Judicial Oversight of Pension Board Decisions

Final Judicial Review Denied: Supreme Court of Texas Limits Judicial Oversight of Pension Board Decisions

Date: Dec 1, 2007
Final Judicial Review Denied: Supreme Court of Texas Limits Judicial Oversight of Pension Board Decisions Introduction The case of Houston Municipal Employees Pension System (HMEPS) v. Craig E....
Supreme Court of Texas Limits Employer Liability under Respondeat Superior and Negligent Entrustment: Goodyear Tire Co. v. Patrick Mayes

Supreme Court of Texas Limits Employer Liability under Respondeat Superior and Negligent Entrustment: Goodyear Tire Co. v. Patrick Mayes

Date: Dec 1, 2007
Supreme Court of Texas Limits Employer Liability under Respondeat Superior and Negligent Entrustment: Goodyear Tire Co. v. Patrick Mayes Introduction Goodyear Tire and Rubber Company v. Patrick Mayes...
Texas Supreme Court Allows Separate Recoupment of Authority Fees by Insurers Under Article 21.35B

Texas Supreme Court Allows Separate Recoupment of Authority Fees by Insurers Under Article 21.35B

Date: Dec 1, 2007
Texas Supreme Court Allows Separate Recoupment of Authority Fees by Insurers Under Article 21.35B Introduction In the landmark case of Mid-Century Insurance Company of Texas and Texas Farmers...
Interlocutory Appeal Limitations in Health Care Liability Claims: Ogletree v. Matthews

Interlocutory Appeal Limitations in Health Care Liability Claims: Ogletree v. Matthews

Date: Dec 1, 2007
Interlocutory Appeal Limitations in Health Care Liability Claims: Ogletree v. Matthews Introduction Ogletree v. Matthews (262 S.W.3d 316) is a landmark decision by the Supreme Court of Texas that...
Limits of Trial Court Discretion in Forum Non Conveniens: Insights from In re PIRELLI TIRE, L.L.C.

Limits of Trial Court Discretion in Forum Non Conveniens: Insights from In re PIRELLI TIRE, L.L.C.

Date: Nov 3, 2007
Limits of Trial Court Discretion in Forum Non Conveniens: Insights from In re PIRELLI TIRE, L.L.C. Introduction In re PIRELLI TIRE, L.L.C., Relator (247 S.W.3d 670) is a pivotal case decided by the...
Statute of Limitations Applied to Quiet Title Actions in Fraudulent Real Estate Easement Disputes: Ford v. ExxonMobil

Statute of Limitations Applied to Quiet Title Actions in Fraudulent Real Estate Easement Disputes: Ford v. ExxonMobil

Date: Nov 3, 2007
Statute of Limitations Applied to Quiet Title Actions in Fraudulent Real Estate Easement Disputes: Ford v. ExxonMobil Introduction The case of Robert F. Ford, Jr. v. ExxonMobil Chemical Company...
Open Courts Guarantee Upheld in Application of Two-Year Statute of Limitations for Healthcare Liability Claims

Open Courts Guarantee Upheld in Application of Two-Year Statute of Limitations for Healthcare Liability Claims

Date: Oct 20, 2007
Open Courts Guarantee Upheld in Application of Two-Year Statute of Limitations for Healthcare Liability Claims Introduction In the landmark case Eula Yancy, as Guardian of the Person and the Estate...
Texas Supreme Court Establishes No Reimbursement Duty Between Co-Primary Insurers with Pro Rata Clauses in Liberty Mutual v. Mid-Continent

Texas Supreme Court Establishes No Reimbursement Duty Between Co-Primary Insurers with Pro Rata Clauses in Liberty Mutual v. Mid-Continent

Date: Oct 13, 2007
No Reimbursement Duty Between Co-Primary Insurers: Liberty Mutual v. Mid-Continent Introduction The case of Mid-Continent Insurance Company v. Liberty Mutual Insurance Company (236 S.W.3d 765) serves...
Reaffirming the Sufficiency of Cumulative Circumstantial Evidence: CLAYTON v. STATE

Reaffirming the Sufficiency of Cumulative Circumstantial Evidence: CLAYTON v. STATE

Date: Oct 11, 2007
Reaffirming the Sufficiency of Cumulative Circumstantial Evidence: CLAYTON v. STATE Introduction CLAYTON v. STATE, 235 S.W.3d 772 (Cot.Crim.App. Tex. 2007), presents a pivotal examination of the...
Supreme Court of Texas Sets Precedent on Fiduciary Duties of Third-Party Administrators in Insurance Contracts

Supreme Court of Texas Sets Precedent on Fiduciary Duties of Third-Party Administrators in Insurance Contracts

Date: Sep 29, 2007
Supreme Court of Texas Sets Precedent on Fiduciary Duties of Third-Party Administrators in Insurance Contracts Introduction In the landmark case of National Plan Administrators, Inc. and CRS...
Supreme Court of Texas Establishes Strict Limitations on Sovereign Immunity Appeals

Supreme Court of Texas Establishes Strict Limitations on Sovereign Immunity Appeals

Date: Sep 8, 2007
Supreme Court of Texas Establishes Strict Limitations on Sovereign Immunity Appeals Introduction The case of TEXAS A M UNIVERSITY SYSTEM, Texas Engineering Experiment Station, and Dr. Mark McLellan,...
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