Texas Case Commentaries

TUFTA's Reasonably Equivalent Value in Ponzi Scheme Transfers: Jan v. Golf Channel

Date: Apr 2, 2016

TUFTA's Reasonably Equivalent Value in Ponzi Scheme Transfers: Jan v. Golf Channel Introduction Ralph S. Janvey, in his Capacity as Court-Appointed Receiver for Stanford International Bank, Limited,...

Clint Independent School District v. Marquez: Establishing Exhaustion Requirements for Constitutional Claims in Texas School Finance

Date: Apr 2, 2016

Clint Independent School District v. Marquez: Establishing Exhaustion Requirements for Constitutional Claims in Texas School Finance Introduction The case of Clint Independent School District v....

Texas Supreme Court Upholds Differential Taxation on Non-Settling Tobacco Manufacturers: A New Precedent in Equal and Uniform Taxation

Date: Apr 2, 2016

Texas Supreme Court Upholds Differential Taxation on Non-Settling Tobacco Manufacturers: A New Precedent in Equal and Uniform Taxation Introduction The Texas Supreme Court case Glenn Hegar, in His...

Proprietary-Governmental Dichotomy Confirmed in Contract Claims: Texas Supreme Court Establishes New Standard for Sovereign Immunity

Date: Apr 2, 2016

Proprietary-Governmental Dichotomy Confirmed in Contract Claims: Texas Supreme Court Establishes New Standard for Sovereign Immunity Introduction The landmark case of Wasson Interests, Ltd. v. City...

Right to Appointed Counsel in Supreme Court Proceedings for Indigent Parents: In the Interest of P.M., A Child

Date: Apr 2, 2016

Right to Appointed Counsel in Supreme Court Proceedings for Indigent Parents: In the Interest of P.M., A Child Introduction The case of In the Interest of P.M., A Child (520 S.W.3d 24) represents a...

Governmental Immunity and the Ultra Vires Exception: Insights from Houston Belt & Terminal Railway Co. v. City of Houston

Date: Apr 2, 2016

Governmental Immunity and the Ultra Vires Exception: Insights from Houston Belt & Terminal Railway Co. v. City of Houston Introduction Houston Belt & Terminal Railway Co., BNSF Railway Co., and Union...

Reaffirming the Project-Influence Rule: Caffe Ribs, Inc. v. State of Texas

Date: Apr 2, 2016

Reaffirming the Project-Influence Rule: Caffe Ribs, Inc. v. State of Texas Introduction In the landmark case Caffe Ribs, Inc. v. State of Texas, the Supreme Court of Texas addressed critical issues...

Establishing Specific Personal Jurisdiction Over Foreign Broadcasters: Insights from TV Azteca v. Trevino

Date: Feb 27, 2016

Establishing Specific Personal Jurisdiction Over Foreign Broadcasters: Insights from TV Azteca v. Trevino Introduction The Supreme Court of Texas, in the landmark case of TV Azteca, S.A.B. De C.V.,...

Interpretation of Double-Fraction Royalty Interests: Hysaw v. Dawkins Establishes Floating Royalties in Texas

Date: Jan 30, 2016

Interpretation of Double-Fraction Royalty Interests: Hysaw v. Dawkins Establishes Floating Royalties in Texas Introduction Hysaw v. Dawkins (483 S.W.3d 1, 2016) represents a pivotal moment in Texas...

Premises Liability Post-Ownership Transfer: Occidental Chemical Corp. v. Jenkins Sets Precedent

Date: Jan 9, 2016

Premises Liability Post-Ownership Transfer: Occidental Chemical Corp. v. Jenkins Sets Precedent Introduction In the landmark case of Occidental Chemical Corporation v. Jason Jenkins, the Supreme...

Definiteness and Enforceability of "Agreement to Agree" Clauses: Analysis of Ray Fischer v. CTMI

Date: Jan 9, 2016

Definiteness and Enforceability of "Agreement to Agree" Clauses: Analysis of Ray Fischer v. CTMI Introduction The Supreme Court of Texas, in the case of Ray Fischer and Corporate Tax Management, Inc....

Mandamus Relief in In re RSR Corporation: Reevaluating Disqualification Standards for Fact Witnesses

Date: Dec 5, 2015

Mandamus Relief in In re RSR Corporation: Reevaluating Disqualification Standards for Fact Witnesses Introduction The case of In re RSR Corporation and Quemetco Metals Limited, Inc., Relators (475...

Uniform Enforcement of Leave Policies Affirmed as Defense Against Retaliation Claims in Workers' Compensation Cases

Date: Dec 5, 2015

Uniform Enforcement of Leave Policies Affirmed as Defense Against Retaliation Claims in Workers' Compensation Cases Introduction The case of Kingsaire, Inc. d/b/a Kings Aire, Inc. v. Jorge Melendez...

Kachina Pipeline Co. v. Lillis: Clarifying Compression Cost Deductions and Contract Term Extensions in Gas Purchase Agreements

Date: Oct 10, 2015

Kachina Pipeline Co. v. Lillis: Clarifying Compression Cost Deductions and Contract Term Extensions in Gas Purchase Agreements Introduction In the landmark case of Kachina Pipeline Company, Inc. v....

Texas Supreme Court Establishes Immediate Knowledge Presumption for Material Omissions in Warranty Deeds

Date: Sep 12, 2015

Texas Supreme Court Establishes Immediate Knowledge Presumption for Material Omissions in Warranty Deeds Introduction In the landmark case of Barbara D. Cosgrove v. Michael and Billie Cade (468...

Clarifying Municipal Jurisdiction: City of Ingleside v. City of Corpus Christi

Date: Jul 25, 2015

Clarifying Municipal Jurisdiction: City of Ingleside v. City of Corpus Christi Introduction The City of Ingleside v. City of Corpus Christi, 469 S.W.3d 589 (Tex. 2015), adjudicated by the Supreme...

Attorney Immunity Reinforced in Cantey Hanger v. Byrd: Scope and Implications

Date: Jun 27, 2015

Attorney Immunity Reinforced in Cantey Hanger v. Byrd: Scope and Implications Introduction The Supreme Court of Texas, in the landmark decision of Cantey Hanger, LLP v. Philip Gregory Byrd, Lucy...

Ashish Patel v. Texas Department of Licensing and Regulation: Redefining Occupational Licensing Under Due Process

Date: Jun 27, 2015

Ashish Patel v. Texas Department of Licensing and Regulation: Redefining Occupational Licensing Under Due Process Introduction In the landmark case of Ashish Patel, Anverali Satani, Nazira Momin,...

Texas Supreme Court Confirms Lack of State Standing in Post-Judgment Intervention of Same-Sex Divorce Proceedings

Date: Jun 20, 2015

Texas Supreme Court Confirms Lack of State Standing in Post-Judgment Intervention of Same-Sex Divorce Proceedings Introduction In the landmark case of State of Texas v. Angelique Naylor and Sabina...

Supreme Court of Texas Clarifies Standards for Municipal Liability under the Recreational Use Statute

Date: Jun 20, 2015

Supreme Court of Texas Clarifies Standards for Municipal Liability under the Recreational Use Statute Introduction The case of Edith Suarez, Individually and as Surviving Parent of A.S. and S.S.,...