Texas Case Commentaries

Setting Aside Default Judgments in Parental Termination: Insights from In the Interest of R.R. and S.J.S., Children

Date: Dec 2, 2006

Setting Aside Default Judgments in Parental Termination: Insights from In the Interest of R.R. and S.J.S., Children Introduction In the Interest of R.R. and S.J.S., Children (209 S.W.3d 112) is a...

Reaffirming Evidentiary Standards for Termination of Parental Rights under Texas Family Code Section 161.001(1)(Q)

Date: Dec 2, 2006

Reaffirming Evidentiary Standards for Termination of Parental Rights under Texas Family Code Section 161.001(1)(Q) Introduction The Supreme Court of Texas, in the landmark case In the Interest of...

Accrual of Statute of Limitations in Bailment Agreements and Its Implications on Attorney's Fees: Analysis of Emzy T. Barker, III and A v. Barker d/b/a Brushy Creek Brahman Center and Brushy Creek Custom Sires

Date: Dec 2, 2006

Accrual of Statute of Limitations in Bailment Agreements and Its Implications on Attorney's Fees: Analysis of Emzy T. Barker, III and A v. Barker d/b/a Brushy Creek Brahman Center and Brushy Creek...

Texas Supreme Court Rules on Premium Tax Liability for Surplus Lines Insurers

Date: Dec 2, 2006

Texas Supreme Court Rules on Premium Tax Liability for Surplus Lines Insurers Introduction The case of Lexington Insurance Company, Landmark Insurance Company, and American International Specialty...

Termination Fee Provisions in Contingent Fee Agreements: Insights from Hoover Slovacek LLP v. Walton

Date: Nov 4, 2006

Termination Fee Provisions in Contingent Fee Agreements: Insights from Hoover Slovacek LLP v. Walton Introduction The case of Hoover Slovacek LLP v. Walton, decided by the Supreme Court of Texas on...

Supreme Court of Texas Upholds Exclusion of Unreliable Expert Testimony: Mack Trucks, Inc. v. Tamez

Date: Oct 28, 2006

Supreme Court of Texas Upholds Exclusion of Unreliable Expert Testimony: Mack Trucks, Inc. v. Tamez Introduction Mack Trucks, Inc. v. Elizabeth Tamez et al., 206 S.W.3d 572 (Tex. 2006), is a pivotal...

Enforceability of Non-Compete Covenants in At-Will Employment: Sheshunoff Management Services v. Johnson and Strunk Associates

Date: Oct 21, 2006

Enforceability of Non-Compete Covenants in At-Will Employment: Sheshunoff Management Services v. Johnson and Strunk Associates Introduction The case of Sheshunoff Management Services, L.P. v. Kenneth...

Overruling Zuniga: Clarifying Factual Sufficiency in Texas Criminal Appeals

Date: Oct 19, 2006

Overruling Zuniga: Clarifying Factual Sufficiency in Texas Criminal Appeals Introduction In the landmark case of Delair WATSON, Appellant, v. The STATE of Texas (204 S.W.3d 404, 2006), the Court of...

Recognition of En Banc Motions as Rehearing Motions and Affirmation of Emergency Immunity under the Texas Tort Claims Act: CITY OF SAN ANTONIO v. HARTMAN

Date: Sep 1, 2006

Recognition of En Banc Motions as Rehearing Motions and Affirmation of Emergency Immunity under the Texas Tort Claims Act: CITY OF SAN ANTONIO v. HARTMAN Introduction In the landmark decision of CITY...

Texas Supreme Court Upholds Mold Exclusion in Homeowners Insurance Policy

Date: Sep 1, 2006

Texas Supreme Court Upholds Mold Exclusion in Homeowners Insurance Policy Introduction In the landmark case of Richard Fiess and Stephanie FIESS v. STATE FARM LLOYDS, 202 S.W.3d 744 (Tex. 2006), the...

Reata Construction v. City of Dallas: Defining Scope of Governmental Immunity in Affirmative Claims

Date: Jul 1, 2006

Reata Construction v. City of Dallas: Defining Scope of Governmental Immunity in Affirmative Claims Introduction Reata Construction Corporation initiated a legal dispute against the City of Dallas,...

Jurisdiction Over Interlocutory Appeals and Arbitration Clause Clarity: Insights from In re D. Wilson Construction Co. et al. v. Browns

Date: Jul 1, 2006

Jurisdiction Over Interlocutory Appeals and Arbitration Clause Clarity: Insights from In re D. Wilson Construction Co. et al. v. Browns Introduction The case of In re D. Wilson Construction Company,...

Sovereign Immunity Reinforced: Tooke v. City of Mexia Establishes Clear Standards

Date: Jul 1, 2006

Sovereign Immunity Reinforced: Tooke v. City of Mexia Establishes Clear Standards Introduction The Supreme Court of Texas, in the landmark case Judy Tooke and E.v. City of Mexia (197 S.W.3d 325,...

Reaffirmation of the Eight-Corners Rule in Determining Insurer’s Duty to Defend

Date: Jul 1, 2006

Reaffirmation of the Eight-Corners Rule in Determining Insurer’s Duty to Defend GuideOne Elite Insurance Company v. Fielder Road Baptist Church Supreme Court of Texas, 197 S.W.3d 305 (2006)...

Supreme Court of Texas Reinforces Control Standard in Vicarious Liability for Independent Contractors

Date: Jul 1, 2006

Supreme Court of Texas Reinforces Control Standard in Vicarious Liability for Independent Contractors Introduction The Supreme Court of Texas issued a decisive ruling in Fifth Club, Inc. and Da v....

Texas Supreme Court Limits Employer Liability for Employees’ Off-Duty Conduct

Date: Jul 1, 2006

Texas Supreme Court Limits Employer Liability for Employees’ Off-Duty Conduct Introduction In the landmark case of Loram Maintenance of Way, Inc. v. David Ianni (2006), the Supreme Court of Texas...

Enforcement of Arbitration Agreements in Tortious Interference Claims Affirmed by Texas Supreme Court

Date: Jul 1, 2006

Enforcement of Arbitration Agreements in Tortious Interference Claims Affirmed by Texas Supreme Court Introduction The case of In re VESTA INSURANCE GROUP, INC., et al. (192 S.W.3d 759) presents a...

Recreational Use Statute Enhances Premises Liability Standards Without Restoring Sovereign Immunity

Date: Jun 24, 2006

Recreational Use Statute Enhances Premises Liability Standards Without Restoring Sovereign Immunity Introduction In the landmark case of The STATE of Texas and the Texas Parks and Wildlife Department...

Reinforcing Expert Testimony Standards in Product Liability: Cooper Tire Rubber Co. v. Oscar Mendez

Date: Jun 17, 2006

Reinforcing Expert Testimony Standards in Product Liability: Cooper Tire Rubber Company v. Oscar Mendez Introduction Cooper Tire Rubber Company v. Oscar Mendez, Jr., 204 S.W.3d 797 (Tex. 2006), is a...

Continuing Obligations under Oil and Gas Operating Agreements After Assignment: Insights from Seagull Energy EP, Inc. v. Eland Energy, Inc.

Date: Jun 17, 2006

Continuing Obligations under Oil and Gas Operating Agreements After Assignment: Insights from Seagull Energy EP, Inc. v. Eland Energy, Inc. (207 S.W.3d 342) Introduction The Supreme Court of Texas,...

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