Texas Case Commentaries

Permanent Entitlement to Lifetime Income Benefits: Liberty Mutual v. Adcock

Date: Nov 23, 2013

Permanent Entitlement to Lifetime Income Benefits: Liberty Mutual v. Adcock Introduction In the landmark case of Liberty Mutual Insurance Company v. Ricky Adcock, decided on November 22, 2013, the...

Requiring Substantiated Attorney's Fees in Eminent Domain Cases: Insights from City of Laredo v. Montano

Date: Oct 26, 2013

Requiring Substantiated Attorney's Fees in Eminent Domain Cases: Insights from City of Laredo v. Montano Introduction City of Laredo v. Montano, 414 S.W.3d 731 (Tex. 2013), is a pivotal case...

Texas Supreme Court Upholds Binding Nature of Mediation Agreements in Custody Disputes

Date: Sep 28, 2013

Texas Supreme Court Upholds Binding Nature of Mediation Agreements in Custody Disputes Introduction In the case of In re Stephanie LEE, Relator (411 S.W.3d 445), the Supreme Court of Texas addressed...

Texas Adjutant General's Office v. Ngakoue: Clarifying Election-of-Remedies under the Texas Tort Claims Act

Date: Aug 31, 2013

Texas Adjutant General's Office v. Ngakoue: Clarifying Election-of-Remedies under the Texas Tort Claims Act Introduction In the landmark case of Texas Adjutant General's Office v. Michele Ngakoue,...

Redefining “Party” in Health Care Liability Claims: An Analysis of Zanchi v. Lane

Date: Aug 31, 2013

Redefining “Party” in Health Care Liability Claims: An Analysis of Zanchi v. Lane Introduction The Supreme Court of Texas, in the landmark case of Zanchi v. Lane, addressed a pivotal issue concerning...

Establishing Specific Personal Jurisdiction Through Purposeful Availment: Moncrief Oil Int'l Inc. v. OAO Gazprom

Date: Aug 31, 2013

Establishing Specific Personal Jurisdiction Through Purposeful Availment: Moncrief Oil Int'l Inc. v. OAO Gazprom Introduction The case of Moncrief Oil International Inc. v. OAO Gazprom, Gazprom...

Appellate Courts May Evaluate the Merits of New Trial Orders: In re Toyota Motor Sales Decision

Date: Aug 31, 2013

Appellate Courts May Evaluate the Merits of New Trial Orders: In re Toyota Motor Sales Decision Introduction The Texas Supreme Court's decision in In re TOYOTA MOTOR SALES, U.S.A., INC. and Viscount...

Enforcement of Arbitration Provisions in Trusts: RACHAL v. REITZ and Its Implications

Date: Aug 24, 2013

Enforcement of Arbitration Provisions in Trusts: RACHAL v. REITZ and Its Implications Introduction The case of Hal Rachal, Jr. v. John W. Reitz, 403 S.W.3d 840 (Tex. 2013), adjudicated by the Supreme...

Texas Supreme Court Defines 'Salary' and 'Authorized Leave' in Firefighters' Compensation Dispute

Date: Jun 29, 2013

Texas Supreme Court Defines 'Salary' and 'Authorized Leave' in Firefighters' Compensation Dispute Introduction In the case of The City of Houston, Texas, Petitioner v. Roger Bates, Michael L. Spratt,...

Superseding Implied Warranties with Express Terms: Gonzales v. Olshan Foundation Repair

Date: Jun 29, 2013

Superseding Implied Warranties with Express Terms: Gonzales v. Olshan Foundation Repair Introduction Gonzales v. Olshan Foundation Repair Company, LLC is a pivotal case decided by the Supreme Court...

Supreme Court of Texas Clarifies Summary Judgment Procedures in Social Host and Negligent Undertaking Liability

Date: Jun 29, 2013

Supreme Court of Texas Clarifies Summary Judgment Procedures in Social Host and Negligent Undertaking Liability Introduction In the case of Justin Curtis Nall, Robert W. Nall, and Olga L. Nall,...

Clarifying the Accommodation Doctrine in Mineral Leases: Merriman v. Xto Energy, Inc.

Date: Jun 22, 2013

Clarifying the Accommodation Doctrine in Mineral Leases: Merriman v. Xto Energy, Inc. Introduction The case of Merriman v. Xto Energy, Inc., adjudicated by the Supreme Court of Texas on June 21,...

Tolling the Expert-Report Period upon Nonsuit under TMLA: Texas Supreme Court Sets New Precedent

Date: Jun 22, 2013

Tolling the Expert-Report Period upon Nonsuit under TMLA: Texas Supreme Court Sets New Precedent Introduction The case of CHCA Woman's Hospital, L.P. d/b/a The Woman's Hospital of Texas and Woman's...

Expansion of Grounds for Termination of Parental Rights under Texas Family Code §161.001(1)(O)

Date: Jun 15, 2013

Expansion of Grounds for Termination of Parental Rights under Texas Family Code §161.001(1)(O) Introduction The Texas Supreme Court delivered a pivotal judgment in In the Interest of E.C. R., child....

Texas Supreme Court Establishes Limits on Sale-for-Resale Tax Exemption for Leased Property

Date: Jun 8, 2013

Texas Supreme Court Establishes Limits on Sale-for-Resale Tax Exemption for Leased Property Introduction In the landmark case of Combs v. Health Care Services Corporation, the Supreme Court of Texas...

Clarifying Defamation Per Se in Professional Contexts: Hancock v. Variyam

Date: May 18, 2013

Clarifying Defamation Per Se in Professional Contexts: Hancock v. Variyam Introduction In the landmark case Joseph E. Hancock v. Easwaran P. Variyam, adjudicated by the Supreme Court of Texas on May...

Excluding Attorney’s Fees from Supersedeas Bonds: Texas Supreme Court Sets New Precedent

Date: May 18, 2013

Excluding Attorney’s Fees from Supersedeas Bonds: Texas Supreme Court Sets New Precedent Introduction In the landmark case of In re Nalle Plastics Family Limited Partnership, the Supreme Court of...

Supreme Court of Texas Invalidates Judgment Nunc Pro Tunc in Property Title Dispute, Reinforcing Ownership and Limiting Defenses

Date: Apr 6, 2013

Supreme Court of Texas Invalidates Judgment Nunc Pro Tunc in Property Title Dispute, Reinforcing Ownership and Limiting Defenses Introduction The case of Texas Department of Transportation and City...

Certified EMS v. Potts: Affirming Single Theory Sufficiency in Health Care Liability Expert Reports

Date: Mar 30, 2013

Certified EMS v. Potts: Affirming Single Theory Sufficiency in Health Care Liability Expert Reports Introduction In the landmark case Certified EMS, Inc. d/b/a CPNS Staffing v. Cherie Potts,...

Comprehensive Analysis of In re The OFFICE OF the ATTORNEY GENERAL: Interpretation of Texas Family Code §157.162(d)

Date: Mar 9, 2013

Comprehensive Analysis of In re The OFFICE OF the ATTORNEY GENERAL: Interpretation of Texas Family Code §157.162(d) Introduction In re The OFFICE OF the ATTORNEY GENERAL, 422 S.W.3d 623, is a pivotal...