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  • Commentaries
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Texas Case Commentaries

Expert-Disclosure Overrides Snap-Back Privilege in In re CHRISTUS SPOHN HOSPITAL KLEBERG

Expert-Disclosure Overrides Snap-Back Privilege in In re CHRISTUS SPOHN HOSPITAL KLEBERG

Date: Apr 28, 2007
Expert-Disclosure Overrides Snap-Back Privilege in In re CHRISTUS SPOHN HOSPITAL KLEBERG Introduction In the landmark case of In re CHRISTUS SPOHN HOSPITAL KLEBERG, decided by the Supreme Court of...
Reaffirmation of Standing Requirements for Third-Party Beneficiaries: South Texas Water Authority v. Lomas

Reaffirmation of Standing Requirements for Third-Party Beneficiaries: South Texas Water Authority v. Lomas

Date: Apr 28, 2007
Reaffirmation of Standing Requirements for Third-Party Beneficiaries: South Texas Water Authority v. Lomas Introduction The case of South Texas Water Authority a/k/a South Texas Water Authority...
Reinforcing Chapter 10 Standards: Low v. Henry Sets Precedent on Pleading Requirements

Reinforcing Chapter 10 Standards: Low v. Henry Sets Precedent on Pleading Requirements

Date: Apr 21, 2007
Reinforcing Chapter 10 Standards: Low v. Henry Sets Precedent on Pleading Requirements Introduction The Supreme Court of Texas, in the landmark case of Robert Low, D.O. and Stephen Smith, M.D.,...
Probate Code § 69(a): Limiting Application to Provisions Favoring Former Spouses

Probate Code § 69(a): Limiting Application to Provisions Favoring Former Spouses

Date: Apr 21, 2007
Probate Code § 69(a): Limiting Application to Provisions Favoring Former Spouses Introduction The case In re Estate of Marvin Nash, Deceased, decided by the Supreme Court of Texas in 2007, addresses...
Establishing Boundaries of Specific Jurisdiction: Insights from IRA Resources, Inc. v. Griego

Establishing Boundaries of Specific Jurisdiction: Insights from IRA Resources, Inc. v. Griego

Date: Apr 21, 2007
Establishing Boundaries of Specific Jurisdiction: Insights from IRA Resources, Inc. v. Griego Introduction The case of IRA Resources, Inc. v. Enrique Juan Griego and Sonya Griego (221 S.W.3d 592,...
State's Immunity from Takings Claims in Contractual Use of Patented Technologies: State v. Holland

State's Immunity from Takings Claims in Contractual Use of Patented Technologies: State v. Holland

Date: Apr 21, 2007
State's Immunity from Takings Claims in Contractual Use of Patented Technologies: State v. Holland Introduction In the landmark case of State of Texas v. Herbert W. Holland, 221 S.W.3d 639 (Tex....
Reaffirmation of the Statute of Frauds in Employment Contracts: Baylor University v. Sonnichsen

Reaffirmation of the Statute of Frauds in Employment Contracts: Baylor University v. Sonnichsen

Date: Apr 21, 2007
Reaffirmation of the Statute of Frauds in Employment Contracts: Baylor University v. Sonnichsen Introduction Baylor University v. Sonnichsen (221 S.W.3d 632) is a landmark decision by the Supreme...
Step-Grandparents Lack Standing for Court-Ordered Access: In re Ricky DERZAPF

Step-Grandparents Lack Standing for Court-Ordered Access: In re Ricky DERZAPF

Date: Mar 24, 2007
Step-Grandparents Lack Standing for Court-Ordered Access: In re Ricky DERZAPF 1. Introduction The case of In re Ricky DERZAPF, decided by the Supreme Court of Texas on March 23, 2007, addresses the...
Decertifying Worldwide Class Actions: Texas Supreme Court Clarifies Requirements under Rule 42 and Res Judicata in Citizens Insurance v. Daccach (2007)

Decertifying Worldwide Class Actions: Texas Supreme Court Clarifies Requirements under Rule 42 and Res Judicata in Citizens Insurance v. Daccach (2007)

Date: Mar 3, 2007
Decertifying Worldwide Class Actions: Texas Supreme Court Clarifies Requirements under Rule 42 and Res Judicata in Citizens Insurance v. Daccach (2007) Introduction CITIZENS INSURANCE COMPANY OF...
State's Inability to Sue Cities Without Legislative Waiver of Immunity

State's Inability to Sue Cities Without Legislative Waiver of Immunity

Date: Mar 3, 2007
State's Inability to Sue Cities Without Legislative Waiver of Immunity Introduction The case of CITY OF GALVESTON v. STATE of Texas (217 S.W.3d 466) presents a significant examination of sovereign...
New Precedent on Specific Jurisdiction: Texas Supreme Court in MOKI MAC v. Drugg

New Precedent on Specific Jurisdiction: Texas Supreme Court in MOKI MAC v. Drugg

Date: Mar 3, 2007
New Precedent on Specific Jurisdiction: Texas Supreme Court in MOKI MAC v. Drugg Introduction In the landmark case of MOKI MAC RIVER EXPEDITIONS, Petitioner, v. Charles DRUGG and Betsy Drugg, Indi,...
Texas Supreme Court Rules Boats Do Not Qualify as Homesteads Under Article XVI

Texas Supreme Court Rules Boats Do Not Qualify as Homesteads Under Article XVI

Date: Feb 10, 2007
Texas Supreme Court Rules Boats Do Not Qualify as Homesteads Under Article XVI Introduction In the landmark case of Thomas Eugene Norris, Sr. and Karen Lynn Norris, Appellants, v. Johnny W. Thomas,...
Clarifying Legal Sufficiency Standards: Rejecting Inference Stacking in Hooper v. Texas

Clarifying Legal Sufficiency Standards: Rejecting Inference Stacking in Hooper v. Texas

Date: Feb 1, 2007
Clarifying Legal Sufficiency Standards: Rejecting Inference Stacking in Hooper v. Texas Introduction The case of Reginald Lamont Hooper v. The State of Texas (214 S.W.3d 9) presents a pivotal moment...
Unavoidable Accident Instruction: Analysis of Bed, Bath Beyond, Inc. v. Rafael Urista

Unavoidable Accident Instruction: Analysis of Bed, Bath Beyond, Inc. v. Rafael Urista

Date: Dec 30, 2006
Unavoidable Accident Instruction: Analysis of Bed, Bath Beyond, Inc. v. Rafael Urista Introduction In Bed, Bath Beyond, Inc. v. Rafael Urista, 211 S.W.3d 753 (Tex. 2006), the Supreme Court of Texas...
Immunity of Self-Insurance Funds: Texas Supreme Court Establishes Waiver Applicability under Section 271.152

Immunity of Self-Insurance Funds: Texas Supreme Court Establishes Waiver Applicability under Section 271.152

Date: Dec 30, 2006
Immunity of Self-Insurance Funds: Texas Supreme Court Establishes Waiver Applicability under Section 271.152 Introduction The case of Ben Bolt-Palito Blanco Consolidated Independent School District...
Discovery Rule Inapplicability in Contract Breach Claims: VIA NET v. U.S. Deli

Discovery Rule Inapplicability in Contract Breach Claims: VIA NET v. U.S. Deli

Date: Dec 23, 2006
Discovery Rule Inapplicability in Contract Breach Claims: VIA NET v. U.S. Deli Introduction The case VIA NET, U.S. Deli v. ry Systems, Houston, U.S. Deli (211 S.W.3d 310) adjudicated by the Supreme...
UIM Insurance Coverage of Prejudgment Interest Affirmed under Declining Principal Formula

UIM Insurance Coverage of Prejudgment Interest Affirmed under Declining Principal Formula

Date: Dec 23, 2006
UIM Insurance Coverage of Prejudgment Interest Affirmed under Declining Principal Formula Introduction The case of Lilith Brainard, et al., Petitioners, v. Trinity Universal Insurance Company...
Exemplary Damages and Remedy Elections in Consumer Protection: Insights from Tony Gullo Motors I, L.P. v. Nury Chapa

Exemplary Damages and Remedy Elections in Consumer Protection: Insights from Tony Gullo Motors I, L.P. v. Nury Chapa

Date: Dec 23, 2006
Exemplary Damages and Remedy Elections in Consumer Protection: Insights from Tony Gullo Motors I, L.P. v. Nury Chapa Introduction In the landmark case of Tony Gullo Motors I, L.P. and Brien Garcia,...
Texas Supreme Court Reinforces Equitable Estoppel to Enforce Arbitration Against Non-Parties

Texas Supreme Court Reinforces Equitable Estoppel to Enforce Arbitration Against Non-Parties

Date: Dec 23, 2006
Texas Supreme Court Reinforces Equitable Estoppel to Enforce Arbitration Against Non-Parties Introduction In the landmark case of Meyer Acquisition Corp., et al. v. WMCO-GP, LLC and Bullock Motor...
Timely Dismissal of SAPCRs and the Adequacy of Accelerated Appeals: Insights from In re TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

Timely Dismissal of SAPCRs and the Adequacy of Accelerated Appeals: Insights from In re TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

Date: Dec 16, 2006
Timely Dismissal of SAPCRs and the Adequacy of Accelerated Appeals: Insights from In re TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES Introduction In re TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE...
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