Texas Case Commentaries

Amendment to Chapter 504 Revokes Waiver of Governmental Immunity for Retaliatory Discharge Claims under Chapter 451

Date: Apr 30, 2011

Amendment to Chapter 504 Revokes Waiver of Governmental Immunity for Retaliatory Discharge Claims under Chapter 451 Introduction In Travis Central Appraisal District v. Diane Lee Norman, 342 S.W.3d...

Texas Supreme Court Establishes Limits on Third-Party Beneficiary Claims in Oil & Gas Joint Operating Agreements

Date: Apr 16, 2011

Texas Supreme Court Establishes Limits on Third-Party Beneficiary Claims in Oil & Gas Joint Operating Agreements Introduction The case O. Lee Tawes, III, Appellant, v. Doris Barnes, Individually and...

Texas Supreme Court Rules Intent to Avoid Child Support Unnecessary for Earning Potential Calculations

Date: Apr 16, 2011

Texas Supreme Court Rules Intent to Avoid Child Support Unnecessary for Earning Potential Calculations Introduction The case of James Derwood Iliff v. Jerilyn Trije Iliff adjudicated by the Supreme...

Affirming Fraudulent Inducement Claims Despite Standard Merger Clauses in Commercial Leases

Date: Apr 16, 2011

Affirming Fraudulent Inducement Claims Despite Standard Merger Clauses in Commercial Leases Introduction The Supreme Court of Texas, in Italian Cowboy Partners, Ltd. v. The Prudential Insurance...

Exxon Corporation v. Emerald Oil Gas Co.: Key Rulings on Statute of Limitations and Lease Development Obligations in Texas Oil and Gas Law

Date: Apr 2, 2011

Exxon Corporation v. Emerald Oil Gas Co.: Key Rulings on Statute of Limitations and Lease Development Obligations in Texas Oil and Gas Law Introduction The case of Exxon Corporation and Exxon Texas,...

Waiver of Governmental Immunity in Contractual Claims: CITY OF HOUSTON v. WILLIAMS

Date: Mar 19, 2011

Waiver of Governmental Immunity in Contractual Claims: CITY OF HOUSTON v. WILLIAMS Introduction In the landmark case of The City of Houston v. Steve Williams, et al., decided by the Supreme Court of...

Judicial Deference to Railroad Commission's Interpretation of "Public Interest" in Injection Well Permits

Date: Mar 12, 2011

Judicial Deference to Railroad Commission's Interpretation of "Public Interest" in Injection Well Permits Introduction In the landmark case of Railroad Commission of Texas and Pioneer Exploration,...

Reid Road MUD No. 2 v. Speedy Stop: Defining the Property Owner Rule and Admissibility of Condemnation Evidence in Texas

Date: Mar 12, 2011

Reid Road MUD No. 2 v. Speedy Stop: Defining the Property Owner Rule and Admissibility of Condemnation Evidence in Texas Introduction Reid Road Municipal Utility District No. 2 v. Speedy Stop Food...

Non-Signatories' Right to Compel Arbitration: In re Joseph Charles Rubiola et al., Relators

Date: Mar 12, 2011

Non-Signatories' Right to Compel Arbitration: In re Joseph Charles Rubiola et al., Relators Introduction The case of In re Joseph Charles Rubiola et al., Relators. (334 S.W.3d 220) adjudicated by the...

Finality of Property Division in Divorce Decrees: Texas Supreme Court Upholds Presumption of Community Property

Date: Mar 12, 2011

Finality of Property Division in Divorce Decrees: Texas Supreme Court Upholds Presumption of Community Property Introduction Rita Lackey Fillingim Pearson v. Willis Dan Fillingim, 332 S.W.3d 361...

Discretion in Granting Extensions for Deficient Expert Reports in Texas Medical Liability Claims: Samlowski v. Wooten

Date: Feb 26, 2011

Discretion in Granting Extensions for Deficient Expert Reports in Texas Medical Liability Claims: Samlowski v. Wooten Introduction In the landmark case of Eberhard Samlowski, M.D., Petitioner, v....

Strict Enforcement of the 120-Day Expert Report Deadline in Health Care Liability Claims: Insights from Stockton v. Offenbach

Date: Feb 26, 2011

Strict Enforcement of the 120-Day Expert Report Deadline in Health Care Liability Claims: Insights from Stockton v. Offenbach Introduction The case of Debbie Stockton v. Howard A. Offenbach, M.D.,...

Two-Year Limitations Period in Health Care Liability Claims Prevails Over Joinder Provisions

Date: Jan 22, 2011

Two-Year Limitations Period in Health Care Liability Claims Prevails Over Joinder Provisions Introduction The Supreme Court of Texas, in the case of Jeremy Molinet, Petitioner, v. Patrick Kimbrell,...

Establishing the Scope of Governmental Immunity: FRANKA v. VELASQUEZ and Alaniz

Date: Jan 22, 2011

Establishing the Scope of Governmental Immunity: FRANKA v. VELASQUEZ and Alaniz Introduction The case of John Christopher Franka, M.D., and Nagakrishna Reddy, M.D., Petitioners v. Stacey Velasquez...

Priority of Timeliness Over Adequacy in Expert Reports: Texas Supreme Court in ROSEMOND v. AL-LAHIQ

Date: Jan 22, 2011

Priority of Timeliness Over Adequacy in Expert Reports: Texas Supreme Court in ROSEMOND v. AL-LAHIQ Introduction In the landmark case Ulysses L. Rosemond v. Maha Khalifa Al-Lahiq, M.D., decided by...

Affirming On-Duty Status of Off-Duty Police Officers in Assault Cases: Ja v. Polk

Date: Dec 24, 2010

Affirming On-Duty Status of Off-Duty Police Officers in Assault Cases: Ja v. Polk Introduction In the case of Javior Polk v. State of Texas, the Court of Appeals of Texas, Eleventh District,...

Broad Application of Contractual Liability Exclusion in CGL Policies: Gilbert Texas Construction v. Underwriters at Lloyd's London

Date: Dec 18, 2010

Broad Application of Contractual Liability Exclusion in CGL Policies: Gilbert Texas Construction v. Underwriters at Lloyd's London Introduction In Gilbert Texas Construction, L.P. v. Underwriters at...

YAMADA v. FRIEND: Enforcement of the Texas Medical Liability Act Against Claim Splitting

Date: Dec 18, 2010

YAMADA v. FRIEND: Enforcement of the Texas Medical Liability Act Against Claim Splitting Introduction The case of Roy Kenji YAMADA, M.D., Petitioner, v. Laura FRIEND presents a pivotal decision by...

Federal Safety Standards Do Not Preempt State Common Law in Motorcoach Design Liability

Date: Dec 18, 2010

Federal Safety Standards Do Not Preempt State Common Law in Motorcoach Design Liability Introduction The case of MCI Sales and Service, Inc., f/k/a Hausman Bus Sales, Inc. v. James Hinton addresses...

Defining 'Good Faith Report' under Texas Whistleblower Act: Supreme Court of Texas in CITY OF ELSA v. GONZALEZ

Date: Dec 18, 2010

Defining 'Good Faith Report' under Texas Whistleblower Act: Supreme Court of Texas in CITY OF ELSA v. GONZALEZ Introduction City of Elsa, Texas v. Joel Homer Gonzalez, 325 S.W.3d 622 (Tex. 2010), is...