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  • Commentaries
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Texas Case Commentaries

Refining Challenges to Expert Testimony: Coastal Transport v. Crown Central

Refining Challenges to Expert Testimony: Coastal Transport v. Crown Central

Date: May 15, 2004
Refining Challenges to Expert Testimony: Coastal Transport Company, Inc. v. Crown Central Petroleum Corp. Introduction Coastal Transport Company, Inc. v. Crown Central Petroleum Corp., 136 S.W.3d 227...
Revisiting Informed Consent: Insights from Nir S. Binur, M.D. v. Donna Jacobo

Revisiting Informed Consent: Insights from Nir S. Binur, M.D. v. Donna Jacobo

Date: May 8, 2004
Revisiting Informed Consent: Insights from Nir S. Binur, M.D. v. Donna Jacobo Introduction Nir S. Binur, M.D. v. Donna Jacobo, 135 S.W.3d 646 (Tex. 2004), is a pivotal case in Texas medical...
Enhancing Due Process in Mandatory Class Actions: Insights from Compaq Computer Corp. v. Lapray

Enhancing Due Process in Mandatory Class Actions: Insights from Compaq Computer Corp. v. Lapray

Date: May 8, 2004
Enhancing Due Process in Mandatory Class Actions: Insights from Compaq Computer Corp. v. Lapray Introduction Compaq Computer Corporation v. Hal Lapray, et al., 135 S.W.3d 657 (Tex. 2004), adjudicated...
Deeming Pro Se Inmate Petitions Filed Upon Submission to Prison Authorities

Deeming Pro Se Inmate Petitions Filed Upon Submission to Prison Authorities

Date: May 8, 2004
Deeming Pro Se Inmate Petitions Filed Upon Submission to Prison Authorities Introduction The case of Charles Clay Warner, Jr. v. Zelda G. Glass (135 S.W.3d 681) addressed a critical procedural issue...
Material Breach and Time Being of the Essence: Insights from Mustang Pipeline Co. v. Driver Pipeline Co.

Material Breach and Time Being of the Essence: Insights from Mustang Pipeline Co. v. Driver Pipeline Co.

Date: Apr 24, 2004
Material Breach and Time Being of the Essence: Insights from Mustang Pipeline Co. v. Driver Pipeline Co. Introduction The case of Mustang Pipeline Company, Inc. v. Driver Pipeline Company, Inc.,...
Supreme Court of Texas Sets Precedent on Judicial Misconduct: Removal and Permanent Bar Imposed on Justice Thurman Bill Bartie

Supreme Court of Texas Sets Precedent on Judicial Misconduct: Removal and Permanent Bar Imposed on Justice Thurman Bill Bartie

Date: Apr 17, 2004
Supreme Court of Texas Sets Precedent on Judicial Misconduct: Removal and Permanent Bar Imposed on Justice Thurman Bill Bartie Introduction The case In re Thurman Bill Bartie, Justice of the Peace,...
Reaffirming the Examination of Extrinsic Evidence for Jurisdictional Determinations in Gross Negligence Claims under the Texas Tort Claims Act

Reaffirming the Examination of Extrinsic Evidence for Jurisdictional Determinations in Gross Negligence Claims under the Texas Tort Claims Act

Date: Apr 3, 2004
Reaffirming the Examination of Extrinsic Evidence for Jurisdictional Determinations in Gross Negligence Claims under the Texas Tort Claims Act Introduction In the case of TEXAS DEPARTMENT OF PARKS...
Reaffirming the Substantial Advancement Test: Regulatory Takings and Zoning in Sheffield Development Co. v. City of Glenn Heights

Reaffirming the Substantial Advancement Test: Regulatory Takings and Zoning in Sheffield Development Co. v. City of Glenn Heights

Date: Mar 6, 2004
Reaffirming the Substantial Advancement Test: Regulatory Takings and Zoning in Sheffield Development Co. v. City of Glenn Heights Introduction Sheffield Development Company, Inc. v. City of Glenn...
Kirk and Suzanne Martin v. William and Carolyn Amerman: Clarifying the Exclusive Use of Trespass-to-Try-Title in Boundary Disputes

Kirk and Suzanne Martin v. William and Carolyn Amerman: Clarifying the Exclusive Use of Trespass-to-Try-Title in Boundary Disputes

Date: Feb 14, 2004
Kirk and Suzanne Martin v. William and Carolyn Amerman: Clarifying the Exclusive Use of Trespass-to-Try-Title in Boundary Disputes Introduction The case of Kirk E. Martin and Suzanne K. Martin v....
Termination of Parental Rights: A Comprehensive Analysis of In the Interest of R.W. (129 S.W.3d 732)

Termination of Parental Rights: A Comprehensive Analysis of In the Interest of R.W. (129 S.W.3d 732)

Date: Feb 6, 2004
Termination of Parental Rights: A Comprehensive Analysis of In the Interest of R.W. (129 S.W.3d 732) Introduction In the Interest of R.W. is a pivotal case adjudicated by the Court of Appeals of...
Ambiguity in Arbitration Agreements Due to Unilateral Policy Modification Rights – J.M. Davidson Inc. v. Webster

Ambiguity in Arbitration Agreements Due to Unilateral Policy Modification Rights – J.M. Davidson Inc. v. Webster

Date: Jan 1, 2004
Ambiguity in Arbitration Agreements Due to Unilateral Policy Modification Rights – J.M. Davidson Inc. v. Webster Introduction In the landmark case of J.M. Davidson, Inc. v. Chelsey J. Webster, the...
Provident v. Knott: Defining Total Disability in Insurance Policies

Provident v. Knott: Defining Total Disability in Insurance Policies

Date: Dec 20, 2003
Provident v. Knott: Defining Total Disability in Insurance Policies Introduction Provident Life and Accident Insurance Company v. James Knott, M.D. is a landmark case decided by the Supreme Court of...
Actual Malice Standard Reinforced in Business Disparagement Cases

Actual Malice Standard Reinforced in Business Disparagement Cases

Date: Dec 20, 2003
Actual Malice Standard Reinforced in Business Disparagement Cases Introduction In the case of FORBES INC. and WILLIAM P. BARRETT v. GRANADA BIOSCIENCES, INC. and GRANADA FOODS CORPORATION, the...
Clarifying 'Possession, Custody, or Control' in Texas Civil Discovery: Insights from In Re Hal G. Kuntz

Clarifying 'Possession, Custody, or Control' in Texas Civil Discovery: Insights from In Re Hal G. Kuntz

Date: Dec 20, 2003
Clarifying 'Possession, Custody, or Control' in Texas Civil Discovery: Insights from In Re Hal G. Kuntz Introduction In Re Hal G. Kuntz, 124 S.W.3d 179 (Tex. 2003), is a seminal case decided by the...
Adverse Possession Establishes Fee Simple Interests in Oil and Gas Leases

Adverse Possession Establishes Fee Simple Interests in Oil and Gas Leases

Date: Dec 20, 2003
Adverse Possession Establishes Fee Simple Interests in Oil and Gas Leases Introduction The case NATURAL GAS PIPELINE COMPANY OF AMERICA, MIDCON GAS SERVICES CORP., and CHESAPEAKE PANHANDLE LIMITED...
Due Process and Language Barriers in Termination of Parental Rights: Insights from In the Interest of L.M.I. and J.A.I.

Due Process and Language Barriers in Termination of Parental Rights: Insights from In the Interest of L.M.I. and J.A.I.

Date: Dec 19, 2003
Due Process and Language Barriers in Termination of Parental Rights: Insights from In the Interest of L.M.I. and J.A.I. Introduction In the Interest of L.M.I. and J.A.I., minor children is a landmark...
REISS v. REISS: Affirming Non-Employee Spouse’s Entitlement to Total Retirement Benefits Under Clear Divorce Decrees

REISS v. REISS: Affirming Non-Employee Spouse’s Entitlement to Total Retirement Benefits Under Clear Divorce Decrees

Date: Nov 22, 2003
REISS v. REISS: Affirming Non-Employee Spouse’s Entitlement to Total Retirement Benefits Under Clear Divorce Decrees Introduction REISS v. REISS (118 S.W.3d 439, Supreme Court of Texas, 2003) is a...
No Coverage for Diminished Value After Adequate Repairs: Texas Supreme Court Sets Precedent

No Coverage for Diminished Value After Adequate Repairs: Texas Supreme Court Sets Precedent

Date: Oct 18, 2003
No Coverage for Diminished Value After Adequate Repairs: Texas Supreme Court Sets Precedent Introduction In the landmark case of American Manufacturers Mutual Insurance Company, et al. v. Gary...
Clear and Convincing Evidence Standard in Parental Rights Termination Established

Clear and Convincing Evidence Standard in Parental Rights Termination Established

Date: Oct 17, 2003
Clear and Convincing Evidence Standard in Parental Rights Termination Established Introduction The case In the Interest of J.T.G., H.N.M., M.D.M., B.M.L., Children. adjudicated by the Court of...
Texas Supreme Court Restricts Overbroad Discovery Interrogatories via Mandamus in In Re CSX Corporation

Texas Supreme Court Restricts Overbroad Discovery Interrogatories via Mandamus in In Re CSX Corporation

Date: Oct 4, 2003
Texas Supreme Court Restricts Overbroad Discovery Interrogatories via Mandamus in In Re CSX Corporation Introduction The case of In Re CSX Corporation, National Marine Inc., and Vectura Group (124...
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