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  • Commentaries
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Texas Case Commentaries

“Speculation Is Not Enough”: The Texas Supreme Court Re‑Affirms Strict Limits on Death‑Penalty Discovery Sanctions in In re Newkirk Logistics, Inc.

“Speculation Is Not Enough”: The Texas Supreme Court Re‑Affirms Strict Limits on Death‑Penalty Discovery Sanctions in In re Newkirk Logistics, Inc.

Date: Jun 3, 2025
“Speculation Is Not Enough”: The Texas Supreme Court Re‑Affirms Strict Limits on Death‑Penalty Discovery Sanctions in In re Newkirk Logistics, Inc. I. Introduction The Supreme Court of Texas’s per...
PDT Holdings v. City of Dallas: Defining “Exceptional” Equitable Estoppel Against Municipal Zoning Enforcement

PDT Holdings v. City of Dallas: Defining “Exceptional” Equitable Estoppel Against Municipal Zoning Enforcement

Date: Jun 1, 2025
PDT Holdings v. City of Dallas: Defining “Exceptional” Equitable Estoppel Against Municipal Zoning Enforcement I. Introduction In PDT Holdings, Inc. & Phillip Thompson Homes, Inc. v. City of Dallas &...
Paxton v. Annunciation House: Reaffirming the Texas Attorney General’s Independent Quo Warranto Power and Upholding State Alien‑Harboring and Record‑Inspection Statutes

Paxton v. Annunciation House: Reaffirming the Texas Attorney General’s Independent Quo Warranto Power and Upholding State Alien‑Harboring and Record‑Inspection Statutes

Date: May 31, 2025
Paxton v. Annunciation House: Reaffirming the Texas Attorney General’s Independent Quo Warranto Power and Upholding State Alien‑Harboring and Record‑Inspection Statutes I. Introduction The Supreme...
No Public-Interest Exception to Mootness in Texas: Constitutional Limits on Judicial Power in Grassroots Leadership v. DFPS

No Public-Interest Exception to Mootness in Texas: Constitutional Limits on Judicial Power in Grassroots Leadership v. DFPS

Date: May 31, 2025
No Public-Interest Exception to Mootness in Texas: Constitutional Limits on Judicial Power in Grassroots Leadership v. DFPS I. Introduction The Supreme Court of Texas’ 2025 decision in Texas...
Independent Medical Judgment and Vicarious Liability: The New NPHO Standard in Renaissance Medical Foundation v. Lugo

Independent Medical Judgment and Vicarious Liability: The New NPHO Standard in Renaissance Medical Foundation v. Lugo

Date: May 31, 2025
Independent Medical Judgment and Vicarious Liability: The New NPHO Standard in Renaissance Medical Foundation v. Lugo I. Introduction In Renaissance Medical Foundation v. Lugo, the Supreme Court of...
Knowledge of a Lawsuit Is Not Enough: Alternative Service, Actual Notice, and the Craddock Test in Tabakman v. Tabakman

Knowledge of a Lawsuit Is Not Enough: Alternative Service, Actual Notice, and the Craddock Test in Tabakman v. Tabakman

Date: May 31, 2025
Knowledge of a Lawsuit Is Not Enough: Alternative Service, Actual Notice, and the Craddock Test in Tabakman v. Tabakman I. Introduction In Jenna Tabakman v. Gary Tabakman, No. 24‑0919 (Tex. Dec. 5,...
“Empty Space Is Not a Mineral”: Surface Ownership of Subsurface Caverns and In‑Kind Salt Royalties in Myers‑Woodward, LLC v. Underground Services Markham, LLC

“Empty Space Is Not a Mineral”: Surface Ownership of Subsurface Caverns and In‑Kind Salt Royalties in Myers‑Woodward, LLC v. Underground Services Markham, LLC

Date: May 30, 2025
“Empty Space Is Not a Mineral”: Surface Ownership of Subsurface Caverns and In‑Kind Salt Royalties in Myers‑Woodward, LLC v. Underground Services Markham, LLC I. Introduction The Supreme Court of...

    Forum Non Conveniens, Foreign Law, and Waiver After In re Greyhound Lines, Inc.

Forum Non Conveniens, Foreign Law, and Waiver After In re Greyhound Lines, Inc.

Date: May 29, 2025
Forum Non Conveniens, Foreign Law, and Waiver After In re Greyhound Lines, Inc. I. Introduction The Supreme Court of Texas’s per curiam decision in In re Greyhound Lines, Inc., No. 23-1035 (Tex. May...
Nonreceipt of Alternative Service and the First Craddock Prong: Commentary on Tabakman v. Tabakman

Nonreceipt of Alternative Service and the First Craddock Prong: Commentary on Tabakman v. Tabakman

Date: May 29, 2025
Nonreceipt of Alternative Service and the First Craddock Prong in Texas Default Judgments: Commentary on Jenna Tabakman v. Gary Tabakman, Supreme Court of Texas (Dec. 5, 2025) I. Introduction This...
Systems-Based Hospital Policies and the Lenent Expert Report Standard Under the TMLA: Commentary on Bush v. Columbia Medical Center of Arlington

Systems-Based Hospital Policies and the Lenent Expert Report Standard Under the TMLA: Commentary on Bush v. Columbia Medical Center of Arlington

Date: May 24, 2025
Systems-Based Hospital Policies and the Lenient Expert Report Standard Under the TMLA: Commentary on Bush v. Columbia Medical Center of Arlington Subsidiary, L.P. I. Introduction In Jared Bush, Jr....
Storms, Speculation, and But‑For Causation: The Texas Supreme Court’s Strict Causation Standard in Tenaris Bay City Inc. v. Ellisor

Storms, Speculation, and But‑For Causation: The Texas Supreme Court’s Strict Causation Standard in Tenaris Bay City Inc. v. Ellisor

Date: May 24, 2025
Storms, Speculation, and But‑For Causation: The Texas Supreme Court’s Strict Causation Standard in Tenaris Bay City Inc. v. Ellisor I. Introduction In Tenaris Bay City Inc. v. Ellisor, the Supreme...
Negligence Per Se Within the Texas Tort Claims Act’s Waiver of Immunity: Commentary on City of Houston v. Manning

Negligence Per Se Within the Texas Tort Claims Act’s Waiver of Immunity: Commentary on City of Houston v. Manning

Date: May 24, 2025
Negligence Per Se Within the Texas Tort Claims Act’s Waiver of Immunity: A Commentary on City of Houston v. Manning, Supreme Court of Texas (May 23, 2025) I. Introduction The Supreme Court of Texas’s...
Reaffirming Textualism and Rejecting Speculative Trading Profits in Firm Gas Balancing Contracts: Commentary on American Midstream v. Rainbow Energy

Reaffirming Textualism and Rejecting Speculative Trading Profits in Firm Gas Balancing Contracts: Commentary on American Midstream v. Rainbow Energy

Date: May 24, 2025
Reaffirming Textualism and Rejecting Speculative Trading Profits in Firm Gas Balancing Contracts: Commentary on American Midstream (Alabama Intrastate), LLC v. Rainbow Energy Marketing Corp. I....
Independent Medical Judgment and Vicarious Liability: The Texas Supreme Court’s New Framework for Nonprofit Health Organizations in Renaissance Medical Foundation v. Lugo

Independent Medical Judgment and Vicarious Liability: The Texas Supreme Court’s New Framework for Nonprofit Health Organizations in Renaissance Medical Foundation v. Lugo

Date: May 24, 2025
Independent Medical Judgment and Vicarious Liability: The Texas Supreme Court’s New Framework for Nonprofit Health Organizations in Renaissance Medical Foundation v. Lugo Introduction The Supreme...
Passive-Voice Habendum Clauses and Lessee Production in Texas Oil-and-Gas Law: Commentary on Cromwell v. Anadarko E&P Onshore, LLC

Passive-Voice Habendum Clauses and Lessee Production in Texas Oil-and-Gas Law: Commentary on Cromwell v. Anadarko E&P Onshore, LLC

Date: May 24, 2025
Passive-Voice Habendum Clauses and Lessee Production in Texas Oil-and-Gas Law: Commentary on Cromwell v. Anadarko E&P Onshore, LLC I. Introduction The Supreme Court of Texas’s decision in David W....
Delegating Duration: When the Temporal Reach of an Arbitration Agreement Is a Question of Scope for the Arbitrator

Delegating Duration: When the Temporal Reach of an Arbitration Agreement Is a Question of Scope for the Arbitrator

Date: May 24, 2025
Delegating Duration: Texas Treats the Temporal Reach of an Arbitration Agreement as a Delegable Question of Scope I. Introduction The Supreme Court of Texas’s decision in Abigail Dalila Cerna, as...
Constitutional Avoidance and the Mandatory ETJ Opt‑Out Remedy: Commentary on Elliott v. City of College Station

Constitutional Avoidance and the Mandatory ETJ Opt‑Out Remedy: Commentary on Elliott v. City of College Station

Date: May 23, 2025
Constitutional Avoidance and the Mandatory ETJ Opt‑Out Remedy: A Commentary on Shana Elliott & Lawrence Kalke v. City of College Station I. Introduction The Supreme Court of Texas’s decision in Shana...
“Remedies, Not Claims”: Gonzalez v. Texas Medical Board and the Scope of the Redundant-Remedies Doctrine in Texas Administrative Law

“Remedies, Not Claims”: Gonzalez v. Texas Medical Board and the Scope of the Redundant-Remedies Doctrine in Texas Administrative Law

Date: May 21, 2025
“Remedies, Not Claims”: Gonzalez v. Texas Medical Board and the Scope of the Redundant-Remedies Doctrine in Texas Administrative Law I. Introduction In Reynaldo "Rey" Gonzalez, Jr., M.D., J.D. v....
Redundant Remedies and Campaign Speech: Gonzalez v. Texas Medical Board and the Scope of Judicial Review of Agency Action

Redundant Remedies and Campaign Speech: Gonzalez v. Texas Medical Board and the Scope of Judicial Review of Agency Action

Date: May 20, 2025
Redundant Remedies and Campaign Speech: Gonzalez v. Texas Medical Board and the Scope of Judicial Review of Agency Action Case Overview Case: Reynaldo “Rey” Gonzalez, Jr., M.D., J.D. v. Texas Medical...
Actual Receipt of Citation, Not Mere Knowledge of Suit: The Texas Supreme Court Refines Craddock in Alternative‑Service Default Divorces

Actual Receipt of Citation, Not Mere Knowledge of Suit: The Texas Supreme Court Refines Craddock in Alternative‑Service Default Divorces

Date: May 20, 2025
Actual Receipt of Citation, Not Mere Knowledge of Suit: The Texas Supreme Court Refines Craddock in Alternative‑Service Default Divorces I. Introduction The Supreme Court of Texas’s per curiam...
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