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  • Commentaries
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Texas Case Commentaries

PUC's Exclusive Jurisdiction Over TUSF Surcharge Disputes Affirmed by Texas Supreme Court

PUC's Exclusive Jurisdiction Over TUSF Surcharge Disputes Affirmed by Texas Supreme Court

Date: Sep 1, 2007
PUC's Exclusive Jurisdiction Over TUSF Surcharge Disputes Affirmed by Texas Supreme Court Introduction The case of IN RE SOUTHWESTERN BELL TELEPHONE COMPANY, L.P., Relator. (235 S.W.3d 619)...
Expansion of CGL Duty to Defend in Defective Construction Claims: Lamar Homes, Inc. v. Mid-Continent Casualty Company

Expansion of CGL Duty to Defend in Defective Construction Claims: Lamar Homes, Inc. v. Mid-Continent Casualty Company

Date: Sep 1, 2007
Expansion of CGL Duty to Defend in Defective Construction Claims: Lamar Homes, Inc. v. Mid-Continent Casualty Company Introduction The legal landscape surrounding Commercial General Liability (CGL)...
Texas Supreme Court Clarifies Limits on General Jurisdiction Over Subsidiary Corporations: Minden Medical Center Case

Texas Supreme Court Clarifies Limits on General Jurisdiction Over Subsidiary Corporations: Minden Medical Center Case

Date: Sep 1, 2007
Texas Supreme Court Clarifies Limits on General Jurisdiction Over Subsidiary Corporations: Minden Medical Center Case Introduction In the landmark case of PHC-MINDEN, L.P. d/b/a Minden Medical Center...
Enhancing Due Diligence Standards in Service of Process: Insights from PROULX v. WELLS

Enhancing Due Diligence Standards in Service of Process: Insights from PROULX v. WELLS

Date: Sep 1, 2007
Enhancing Due Diligence Standards in Service of Process: Insights from PROULX v. WELLS Introduction The Supreme Court of Texas, in the landmark case of Denis Proulx v. Michael A. Wells, 235 S.W.3d...
Expansion of CGL Coverage for Construction Defects: Lamar Homes v. Mid-Continent Casualty Company

Expansion of CGL Coverage for Construction Defects: Lamar Homes v. Mid-Continent Casualty Company

Date: Sep 1, 2007
Expansion of CGL Coverage for Construction Defects: Lamar Homes v. Mid-Continent Casualty Company Introduction In the landmark case of Lamar Homes, Inc. v. Mid-Continent Casualty Company, the Supreme...
Expert Medical Evidence Mandated for Causation in High-Cost Automobile Accident Claims: Guevara v. Ferrer

Expert Medical Evidence Mandated for Causation in High-Cost Automobile Accident Claims: Guevara v. Ferrer

Date: Sep 1, 2007
Expert Medical Evidence Mandated for Causation in High-Cost Automobile Accident Claims: Guevara v. Ferrer Introduction Noemi Guevara v. Corazon Labao Ferrer is a significant case adjudicated by the...
Apparent Authority in Mortgage Transactions: Insights from GAINES v. KELLY

Apparent Authority in Mortgage Transactions: Insights from GAINES v. KELLY

Date: Aug 25, 2007
Apparent Authority in Mortgage Transactions: Insights from GAINES v. KELLY Introduction The landmark case of Russell GAINES and Southwest Guaranty Mortgage Corp., Petitioners, v. Roger KELLY,...
Clarifying Arbitration Agreements: Binding Employees and Exempting Affiliates

Clarifying Arbitration Agreements: Binding Employees and Exempting Affiliates

Date: Aug 25, 2007
Clarifying Arbitration Agreements: Binding Employees and Exempting Affiliates Introduction The case of IN RE MERRILL LYNCH TRUST Company FSB, Merrill Lynch Life Insurance Company, and Henry Medina,...
Clarifying Employer Liability for Independent Contractors: CENTRAL READY MIX Concrete Co. v. Islas

Clarifying Employer Liability for Independent Contractors: CENTRAL READY MIX Concrete Co. v. Islas

Date: Jun 30, 2007
Clarifying Employer Liability for Independent Contractors: CENTRAL READY MIX Concrete Co. v. Islas Introduction The case of CENTRAL READY MIX CONCRETE COMPANY, INC. v. Luciano ISLAS (228 S.W.3d 649)...
Church Autonomy and First Amendment Protections in Tort Litigation: Analysis of Westbrook v. Penley

Church Autonomy and First Amendment Protections in Tort Litigation: Analysis of Westbrook v. Penley

Date: Jun 30, 2007
Church Autonomy and First Amendment Protections in Tort Litigation: Analysis of Westbrook v. Penley Introduction The case of C.L. Westbrook, Jr. v. Peggy Lee Penley (231 S.W.3d 389, Supreme Court of...
Texas Supreme Court Establishes Contractual Subrogation Supersedes Equitable "Made Whole" Doctrine in FORTIS BENEFITS v. CANTU

Texas Supreme Court Establishes Contractual Subrogation Supersedes Equitable "Made Whole" Doctrine in FORTIS BENEFITS v. CANTU

Date: Jun 30, 2007
Texas Supreme Court Establishes Contractual Subrogation Supersedes Equitable "Made Whole" Doctrine in FORTIS BENEFITS v. CANTU Introduction The case of Fortis Benefits, Petitioner, v. Vanessa Cantu...
Reinforcing Sovereign Immunity: Texas Supreme Court Upholds Recreational Use Statute in SFA v. Flynn

Reinforcing Sovereign Immunity: Texas Supreme Court Upholds Recreational Use Statute in SFA v. Flynn

Date: Jun 30, 2007
Reinforcing Sovereign Immunity: Texas Supreme Court Upholds Recreational Use Statute in SFA v. Flynn Introduction The case of Stephen F. Austin State University (SFA) v. Diane Flynn, decided by the...
Constructive Knowledge as a Prerequisite for Unreasonably Dangerous Conditions in Premises Liability: Brookshire v. Taylor (2007)

Constructive Knowledge as a Prerequisite for Unreasonably Dangerous Conditions in Premises Liability: Brookshire v. Taylor (2007)

Date: Jun 16, 2007
Constructive Knowledge as a Prerequisite for Unreasonably Dangerous Conditions in Premises Liability: Brookshire v. Taylor (2007) Introduction In the case of BROOKSHIRE GROCERY COMPANY, d/b/a...
Admissibility of Superseded Pleadings in Medical Malpractice Cases: Insights from BAY AREA HEALTHCARE GROUP, LTD. v. McShane

Admissibility of Superseded Pleadings in Medical Malpractice Cases: Insights from BAY AREA HEALTHCARE GROUP, LTD. v. McShane

Date: Jun 9, 2007
Admissibility of Superseded Pleadings in Medical Malpractice Cases: Insights from BAY AREA HEALTHCARE GROUP, LTD. v. McShane Introduction The Supreme Court of Texas, in the 2007 case BAY AREA...
Substantial-Factor Causation in Asbestos Litigation: Insights from BORG-WARNER v. Flores

Substantial-Factor Causation in Asbestos Litigation: Insights from BORG-WARNER v. Flores

Date: Jun 9, 2007
Substantial-Factor Causation in Asbestos Litigation: Insights from BORG-WARNER v. Flores Introduction The legal landscape surrounding asbestos litigation has been notably shaped by numerous judicial...
Public Utility Commission's Primary Jurisdiction Affirmed in Southwestern Bell Telephone Co. v. Supreme Court of Texas

Public Utility Commission's Primary Jurisdiction Affirmed in Southwestern Bell Telephone Co. v. Supreme Court of Texas

Date: Jun 2, 2007
Public Utility Commission's Primary Jurisdiction Affirmed in Southwestern Bell Telephone Company v. Supreme Court of Texas Introduction The case of In re Southwestern Bell Telephone Company, L.P.,...
Res Judicata in Regulatory Takings: Comprehensive Review of Hallco Texas v. McMullen County

Res Judicata in Regulatory Takings: Comprehensive Review of Hallco Texas v. McMullen County

Date: Jun 2, 2007
Res Judicata in Regulatory Takings: Comprehensive Review of Hallco Texas, Inc. v. McMullen County Introduction The case of Hallco Texas, Inc. v. McMullen County (221 S.W.3d 50) addresses significant...
Proportionate Responsibility Applied to Dram Shop Liability: Reconciling the Alcoholic Beverage Code and Chapter 33 in Texas

Proportionate Responsibility Applied to Dram Shop Liability: Reconciling the Alcoholic Beverage Code and Chapter 33 in Texas

Date: May 12, 2007
Proportionate Responsibility Applied to Dram Shop Liability: Reconciling the Alcoholic Beverage Code and Chapter 33 in Texas Introduction The case of F.F.P. Operating Partners, L.P., d/b/a Mr. Cut...
Protecting Prosecutorial Work Product: Insights from In Re Bexar County Criminal District Attorney's Office

Protecting Prosecutorial Work Product: Insights from In Re Bexar County Criminal District Attorney's Office

Date: May 5, 2007
Protecting Prosecutorial Work Product: Insights from In Re Bexar County Criminal District Attorney's Office 1. Introduction The Supreme Court of Texas, in its 2007 decision of In Re Bexar County...
Equistar Chemicals v. Dresser-Rand: Clarifying the Economic Loss Rule Preservation

Equistar Chemicals v. Dresser-Rand: Clarifying the Economic Loss Rule Preservation

Date: May 5, 2007
Equistar Chemicals, L.P. v. Dresser-Rand Company: Clarifying the Economic Loss Rule Preservation Introduction The case of Equistar Chemicals, L.P. v. Dresser-Rand Company, decided on May 4, 2007, by...
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