Texas Case Commentaries

KCM Financial LLC v. Bradshaw: Refining Fiduciary Duties in Mineral Leasing

Date: Mar 7, 2015

KCM Financial LLC v. Bradshaw: Refining Fiduciary Duties in Mineral Leasing Introduction The Supreme Court of Texas addressed a pivotal issue in KCM Financial LLC, R.J. Sikes, Roger Sikes, Kathy...

Exclusive Jurisdiction of Workers' Compensation Claims: Insights from In re Crawford & Company

Date: Feb 28, 2015

Exclusive Jurisdiction of Workers' Compensation Claims: Insights from In re Crawford & Company Introduction The In re Crawford & Company case, adjudicated by the Supreme Court of Texas on February...

Fraudulent Concealment in Mineral Leasing: Reasonable Diligence Remains a Fact Question When Public Records Are Tainted

Date: Jan 31, 2015

Fraudulent Concealment in Mineral Leasing: Reasonable Diligence Remains a Fact Question When Public Records Are Tainted Introduction In the case of Charles G. Hooks III, et al. v. Samson Lone Star,...

Enforceability of Releases and Statute of Frauds Exceptions: Texas Supreme Court’s Ruling in National Property Holdings v. Westergren

Date: Jan 10, 2015

Enforceability of Releases and Statute of Frauds Exceptions: Texas Supreme Court’s Ruling in National Property Holdings v. Westergren Introduction The case of National Property Holdings, L.P.,...

Trial Court Discretion in Denying Supersedeas for Non-Monetary Judgments Against Government Entities: Analysis of In re State Board for Educator Certification

Date: Dec 20, 2014

Trial Court Discretion in Denying Supersedeas for Non-Monetary Judgments Against Government Entities: Analysis of In re State Board for Educator Certification Introduction The Supreme Court of Texas,...

Supreme Court of Texas Affirms 'No Direct Action' Rule in Declaratory Judgments Against Insurers

Date: Nov 22, 2014

Supreme Court of Texas Affirms 'No Direct Action' Rule in Declaratory Judgments Against Insurers Introduction In the case of In re Essex Insurance Company, Relator (450 S.W.3d 524), the Supreme Court...

Eligibility for Restricted Appeals in Divorce Proceedings: Dakota Pike–Grant v. Jeffrey Alan Grant

Date: Oct 4, 2014

Eligibility for Restricted Appeals in Divorce Proceedings: Dakota Pike–Grant v. Jeffrey Alan Grant Introduction The case of Dakota Pike–Grant v. Jeffrey Alan Grant (447 S.W.3d 884) adjudicated by the...

Texas Supreme Court Reinforces Due Process Protections in Parental Rights Termination Cases

Date: Aug 30, 2014

Texas Supreme Court Reinforces Due Process Protections in Parental Rights Termination Cases Introduction The Supreme Court of Texas, in the landmark case In the Interest of K.M.L., a Child. (443...

Ensuring Voluntary and Informed Termination of Parental Rights: Texas Supreme Court Sets Clear Standards

Date: Aug 30, 2014

Ensuring Voluntary and Informed Termination of Parental Rights: Texas Supreme Court Sets Clear Standards Introduction The case of In the Interest of K.M.L. (No. 12–0728) before the Supreme Court of...

Prior Restraint and Damages in Defamation: Comprehensive Analysis of Texas Supreme Court's Decision in Burbage v. Burbage Funeral Home

Date: Aug 30, 2014

Prior Restraint and Damages in Defamation: Comprehensive Analysis of Texas Supreme Court's Decision in Burbage v. Burbage Funeral Home Introduction The case of Allen Chadwick Burbage v. W. Kirk...

Waiver of Statutory Offset Rights in Guaranty Agreements: Analysis of Moayedi v. Interstate 35/Chisam Road, L.P.

Date: Aug 23, 2014

Waiver of Statutory Offset Rights in Guaranty Agreements: Analysis of Moayedi v. Interstate 35/Chisam Road, L.P. Introduction In Mehrdad Moayedi v. Interstate 35/Chisam Road, L.P. and Malachi...

Reaffirming the "Appropriate Law Enforcement Authority" Requirement in the Texas Whistleblower Act: Texas Department of Human Services v. Oli

Date: Aug 23, 2014

Reaffirming the "Appropriate Law Enforcement Authority" Requirement in the Texas Whistleblower Act: Texas Department of Human Services v. Oli Introduction Texas Department of Human Services v. Oli...

Enhanced Disclosure Requirements for Arbitrators Under Texas Law

Date: Aug 23, 2014

Enhanced Disclosure Requirements for Arbitrators Under Texas Law Introduction The case of Tenaska Energy, Inc. et al. v. Ponderosa Pine Energy, LLC decided by the Supreme Court of Texas on August 22,...

Adequate Warning in Premises Liability: Henkel v. Norman

Date: Aug 23, 2014

Adequate Warning in Premises Liability: Henkel v. Norman Introduction Christopher Henkel and Lisa Henkel v. Christopher Norman, 441 S.W.3d 249 (Tex. 2014), is a seminal case in Texas premises...

Amedisys v. Kingwood: Affirming Common Law Contract Principles in Settlement Offer Acceptance

Date: Aug 23, 2014

Amedisys v. Kingwood: Affirming Common Law Contract Principles in Settlement Offer Acceptance Introduction In Amedisys, Inc. d/b/a Amedisys Texas, Ltd., Petitioner, v. Kingwood Home Health Care, LLC...

Affirmation Standards in Parental Termination: Insights from In the Interest of A.B. and H.B.

Date: Aug 21, 2014

Affirmation Standards in Parental Termination: Insights from In the Interest of A.B. and H.B. Introduction In the Interest of A.B. and H.B. (437 S.W.3d 498) is a landmark decision by the Supreme...

Bostic v. Georgia–Pacific: Establishing Substantial Factor Causation in Mesothelioma Cases

Date: Jul 12, 2014

Bostic v. Georgia–Pacific: Establishing Substantial Factor Causation in Mesothelioma Cases Introduction In the landmark case of Susan Elaine Bostic, Individually and as Personal Representative of the...

Texas Supreme Court Establishes Plaintiff-Only Expert Affidavit Requirement in Professional Services Actions

Date: Jul 4, 2014

Texas Supreme Court Establishes Plaintiff-Only Expert Affidavit Requirement in Professional Services Actions Introduction In the case of Gary Wayne Jaster v. Comet II Construction, Inc., the Supreme...

Supreme Court of Texas Limits Use of Spoliation Instructions to Intentional Destruction or Irreparable Prejudice

Date: Jul 4, 2014

Supreme Court of Texas Limits Use of Spoliation Instructions to Intentional Destruction or Irreparable Prejudice Introduction The case of Brookshire Brothers, Ltd. v. Jerry Aldridge (438 S.W.3d 9)...

Waste Management of Texas, Inc. v. Texas Disposal Systems Landfill, Inc.: Affirming Corporations' Right to Defamation Damages and Classifying Reputation Harm as Non-Economic

Date: Jun 28, 2014

Waste Management of Texas, Inc. v. Texas Disposal Systems Landfill, Inc.: Affirming Corporations' Right to Defamation Damages and Classifying Reputation Harm as Non-Economic Introduction The case...