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  • Commentaries
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Texas Case Commentaries

Enforcement of Forum-Selection Clauses in Insurance Contracts: In re AIU Insurance Company

Enforcement of Forum-Selection Clauses in Insurance Contracts: In re AIU Insurance Company

Date: Dec 4, 2004
Enforcement of Forum-Selection Clauses in Insurance Contracts: In re AIU Insurance Company Introduction The case of In re AIU Insurance Company, Relator. (148 S.W.3d 109) represents a pivotal moment...
Clarifying "Like Kind and Quality" in Insurance Replacement Obligations: Insights from Republic Underwriters v. Mex-Tex, Inc.

Clarifying "Like Kind and Quality" in Insurance Replacement Obligations: Insights from Republic Underwriters v. Mex-Tex, Inc.

Date: Nov 20, 2004
Clarifying "Like Kind and Quality" in Insurance Replacement Obligations: Insights from Republic Underwriters v. Mex-Tex, Inc. Introduction The case of Republic Underwriters Insurance Co. v. Mex-Tex,...
Negligent Credentialing as a Health Care Liability Claim under MLIIA: Garland Community Hospital v. Debi Rose

Negligent Credentialing as a Health Care Liability Claim under MLIIA: Garland Community Hospital v. Debi Rose

Date: Nov 6, 2004
Negligent Credentialing as a Health Care Liability Claim under MLIIA: Garland Community Hospital v. Debi Rose Introduction Parties Involved: Petitioner: Garland Community Hospital Respondent: Debi...
Mandamus Relief and the Limits of Temporary Restraining Orders in Election Law: Insights from In re Norman F. Newton

Mandamus Relief and the Limits of Temporary Restraining Orders in Election Law: Insights from In re Norman F. Newton

Date: Oct 28, 2004
Mandamus Relief and the Limits of Temporary Restraining Orders in Election Law: Insights from In re Norman F. Newton Introduction The case of In re Norman F. Newton, individually and as treasurer of...
Substantial Limitation of Major Life Activity: Texas Supreme Court Reverses Summary Judgment in E v. Lyn Little

Substantial Limitation of Major Life Activity: Texas Supreme Court Reverses Summary Judgment in E v. Lyn Little

Date: Oct 16, 2004
Substantial Limitation of Major Life Activity: Texas Supreme Court Reverses Summary Judgment in E v. Lyn Little Introduction The case of Evelyn Little v. Texas Department of Criminal Justice,...
Clarifying the Distinction Between Temporary and Permanent Nuisances in Texas Law: Analysis of Schneider National Carriers, Inc. v. Andrea L. Bates

Clarifying the Distinction Between Temporary and Permanent Nuisances in Texas Law: Analysis of Schneider National Carriers, Inc. v. Andrea L. Bates

Date: Oct 2, 2004
Clarifying the Distinction Between Temporary and Permanent Nuisances in Texas Law: Analysis of Schneider National Carriers, Inc. v. Andrea L. Bates Introduction The case of Schneider National...
Limits of Sovereign Immunity: Supreme Court of Texas Rules in TxDOT v. City of Sunset Valley

Limits of Sovereign Immunity: Supreme Court of Texas Rules in TxDOT v. City of Sunset Valley

Date: Sep 25, 2004
Limits of Sovereign Immunity: Supreme Court of Texas Rules in TxDOT v. City of Sunset Valley Introduction The case of TEXAS DEPARTMENT OF TRANSPORTATION v. CITY OF SUNSET VALLEY (146 S.W.3d 637,...
Duty to Warn in Products Liability: Humble Sand Gravel Inc. v. Raymond Gomez

Duty to Warn in Products Liability: Humble Sand Gravel Inc. v. Raymond Gomez

Date: Sep 18, 2004
Duty to Warn in Products Liability: Humble Sand Gravel Inc. v. Raymond Gomez Introduction Humble Sand Gravel, Inc. v. Raymond Gomez is a landmark case adjudicated by the Supreme Court of Texas on...
Enforcement of Contractual Jury Waivers: A Comprehensive Analysis of In re The PRUDENTIAL INSURANCE CO. OF AMERICA and Four Partners, L.L.C.

Enforcement of Contractual Jury Waivers: A Comprehensive Analysis of In re The PRUDENTIAL INSURANCE CO. OF AMERICA and Four Partners, L.L.C.

Date: Sep 4, 2004
Enforcement of Contractual Jury Waivers: Analysis of In re The PRUDENTIAL INSURANCE CO. OF AMERICA and Four Partners, L.L.C. Introduction In re The PRUDENTIAL INSURANCE CO. OF AMERICA and Four...
Utica National Insurance Co. v. American Indemnity Co.: Redefining the Professional Services Exclusion in General Liability Policies

Utica National Insurance Co. v. American Indemnity Co.: Redefining the Professional Services Exclusion in General Liability Policies

Date: Sep 4, 2004
Utica National Insurance Co. v. American Indemnity Co.: Redefining the Professional Services Exclusion in General Liability Policies Introduction The case of Utica National Insurance Company of...
Balancing Satire and Defamation: Establishing Clear Standards in Libel Cases

Balancing Satire and Defamation: Establishing Clear Standards in Libel Cases

Date: Sep 4, 2004
Balancing Satire and Defamation: Establishing Clear Standards in Libel Cases Introduction In the landmark case of New Times, Inc. d/b/a Dallas Observer v. Isaacks and Whitten (146 S.W.3d 144), the...
Consolidation of Toxic Tort Claims: Insights from IN RE VAN WATERS ROGERS, INC.

Consolidation of Toxic Tort Claims: Insights from IN RE VAN WATERS ROGERS, INC.

Date: Sep 4, 2004
Consolidation of Toxic Tort Claims: Insights from IN RE VAN WATERS ROGERS, INC. Introduction IN RE VAN WATERS ROGERS, INC., 145 S.W.3d 203 (Tex. 2004), is a pivotal case adjudicated by the Supreme...
Affirmation of Independent Judicial Review Rights under Texas APA Section 2001.171

Affirmation of Independent Judicial Review Rights under Texas APA Section 2001.171

Date: Sep 4, 2004
Affirmation of Independent Judicial Review Rights under Texas APA Section 2001.171 Introduction Texas Department of Protective and Regulatory Services v. Mega Child Care, Inc., 145 S.W.3d 170,...
Northglen Association Assessment Powers Affirmed and Limited: A Comprehensive Analysis of Geneva Brooks v. Northglen Association

Northglen Association Assessment Powers Affirmed and Limited: A Comprehensive Analysis of Geneva Brooks v. Northglen Association

Date: Sep 4, 2004
Northglen Association Assessment Powers Affirmed and Limited: A Comprehensive Analysis of Geneva Brooks v. Northglen Association Introduction The case of Geneva Brooks, et al. v. Northglen...
Legislative Immunity Shields Lawyer-Legislators from Professional Liability: Analysis of JOE v. TWO THIRTY NINE JOINT VENTURE

Legislative Immunity Shields Lawyer-Legislators from Professional Liability: Analysis of JOE v. TWO THIRTY NINE JOINT VENTURE

Date: Sep 4, 2004
Legislative Immunity Shields Lawyer-Legislators from Professional Liability: Analysis of JOE v. TWO THIRTY NINE JOINT VENTURE Introduction Harry J. Joe and Jenkens Gilchrist, A Professional...
Supreme Court of Texas in Ridge Oil Co. v. Guinn Investments: Upholding Temporary Cessation of Production Doctrine in Multi-Lessee Oil and Gas Leases

Supreme Court of Texas in Ridge Oil Co. v. Guinn Investments: Upholding Temporary Cessation of Production Doctrine in Multi-Lessee Oil and Gas Leases

Date: Sep 4, 2004
Supreme Court of Texas in Ridge Oil Co. v. Guinn Investments: Upholding Temporary Cessation of Production Doctrine in Multi-Lessee Oil and Gas Leases Introduction The case of Ridge Oil Company, Inc....
Limits on Admitting Similar Accidents in Product Liability: NISSAN Motor Co. Ltd. v. ARMSTRONG

Limits on Admitting Similar Accidents in Product Liability: NISSAN Motor Co. Ltd. v. ARMSTRONG

Date: Aug 28, 2004
Limits on Admitting Similar Accidents in Product Liability: Supreme Court of Texas in NISSAN Motor Co. Ltd. v. ARMSTRONG Introduction The case of NISSAN Motor Company Ltd. a/k/a Nissan Motor Company...
Supreme Court of Texas Limits Claims for Intentional Infliction of Emotional Distress in Presence of Statutory Remedies

Supreme Court of Texas Limits Claims for Intentional Infliction of Emotional Distress in Presence of Statutory Remedies

Date: Aug 28, 2004
Supreme Court of Texas Limits Claims for Intentional Infliction of Emotional Distress in Presence of Statutory Remedies Introduction In the landmark case Hoffmann-La Roche Inc. v. Joan Zeltwanger...
Exclusion of Wrongful Death Claims for Stillborn Children Upholds Equal Protection in Texas

Exclusion of Wrongful Death Claims for Stillborn Children Upholds Equal Protection in Texas

Date: Aug 28, 2004
Exclusion of Wrongful Death Claims for Stillborn Children Upholds Equal Protection in Texas Introduction In the landmark case of FORT WORTH OSTEOPATHIC HOSPITAL, INC., d/b/a/ Osteopathic Medical...
Supreme Court of Texas Establishes Requirement for Expert Testimony on Causation in Legal Malpractice Cases

Supreme Court of Texas Establishes Requirement for Expert Testimony on Causation in Legal Malpractice Cases

Date: Aug 28, 2004
Supreme Court of Texas Establishes Requirement for Expert Testimony on Causation in Legal Malpractice Cases Introduction The case of Tom Alexander, Individually, and Alexander McEvily v. Turtur...
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