Texas Case Commentaries

Mandamus Relief in Grandparent Access: In re Richard Scheller

Date: Dec 11, 2010

Mandamus Relief in Grandparent Access: In re Richard Scheller Introduction In re Richard Scheller, Relator (325 S.W.3d 640) is a landmark decision by the Supreme Court of Texas addressing the...

Limitations on Sovereign Immunity in Premises Liability: University of Texas at Austin v. Robert Hayes

Date: Dec 4, 2010

Limitations on Sovereign Immunity in Premises Liability: University of Texas at Austin v. Robert Hayes Introduction University of Texas at Austin v. Robert Hayes is a pivotal case adjudicated by the...

Liens and Contractual Obligations: A New Precedent in Construction Law

Date: Dec 4, 2010

Liens and Contractual Obligations: A New Precedent in Construction Law Introduction The case of Solar Applications Engineering, Inc. v. T.A. Operating Corporation, adjudicated by the Supreme Court of...

Modification of Aggravated Kidnapping Conviction Due to Insufficient Evidence of Deadly Weapon Use

Date: Dec 4, 2010

Modification of Aggravated Kidnapping Conviction Due to Insufficient Evidence of Deadly Weapon Use Introduction In the landmark case of Eduardo Garduno Hernandez v. The State of Texas (328 S.W.3d...

Enhanced Standards for Expert Testimony in Medical Malpractice: Analysis of Casas v. Rio Grande Hospital

Date: Dec 4, 2010

Enhanced Standards for Expert Testimony in Medical Malpractice: Analysis of Casas v. Rio Grande Regional Hospital Introduction The case of Michael T. Jelinek, M.D. and Columbia Rio Grande Healthcare,...

Strengthening Consumer Rights: Checkredi of Kentucky LLC's Violations under the Fair Debt Collection Practices Act

Date: Nov 18, 2010

Strengthening Consumer Rights: Checkredi of Kentucky LLC's Violations under the Fair Debt Collection Practices Act Introduction In the case of Anthony J. Allen v. Checkredi of Kentucky, LLC,...

Enforceability of Arbitration Agreements in At-Will Employment: The Boot Jack Decision

Date: Oct 23, 2010

Enforceability of Arbitration Agreements in At-Will Employment: The Boot Jack Decision Introduction IN RE 24R, INC., d/b/a The Boot Jack, Relator. (324 S.W.3d 564) is a landmark employment...

University of Texas Southwestern Medical Center v. Arancibia: Clarifying Notice Requirements and Interlocutory Appeals in Tort Claims

Date: Oct 23, 2010

University of Texas Southwestern Medical Center v. Arancibia: Clarifying Notice Requirements and Interlocutory Appeals in Tort Claims Introduction The Supreme Court of Texas, in the case of...

Texas Supreme Court Upholds PUC's Authority to Recover Interest and Valuation-Panel Fees on Competition Transition Charges

Date: Oct 23, 2010

Texas Supreme Court Upholds PUC's Authority to Recover Interest and Valuation-Panel Fees on Competition Transition Charges Introduction The case Texas Industrial Energy Consumers v. CenterPoint...

Sanctions After Formal Proceedings: Texas Supreme Court Establishes Clear Guidelines in In re Honorable Sharon Keller

Date: Oct 12, 2010

Sanctions After Formal Proceedings: Texas Supreme Court Establishes Clear Guidelines in In re Honorable Sharon Keller Introduction The case titled In re Honorable Sharon Keller, Presiding Judge of...

Texas Lottery Commission v. First State Bank: UCC Preempts Lottery Act Assignments

Date: Oct 2, 2010

Texas Lottery Commission v. First State Bank: UCC Preempts Lottery Act Assignments Introduction Texas Lottery Commission v. First State Bank of DeQueen, Stone Street Capital, Inc., and Cletius L....

Application of Auto-Use and Subsequent-to-Execution Exclusions in CGL Policies: Mid-Continent Casualty Company v. Global Enercom Management, Inc.

Date: Oct 2, 2010

Application of Auto-Use and Subsequent-to-Execution Exclusions in CGL Policies Mid-Continent Casualty Company v. Global Enercom Management, Inc., 323 S.W.3d 151 (Tex. 2010) Introduction The case of...

Mandatory Inclusion of Reimbursement Measures in Every Bond Election: Kirby Lake Development v. Clear Lake City Water Authority

Date: Aug 28, 2010

Mandatory Inclusion of Reimbursement Measures in Every Bond Election: Kirby Lake Development v. Clear Lake City Water Authority Introduction The case of Kirby Lake Development, Ltd., Miter...

But-For Causation Standard Established in Texas Workers' Compensation

Date: Aug 28, 2010

But-For Causation Standard Established in Texas Workers' Compensation Introduction In the case of Transcontinental Insurance Company v. Joyce Crump, the Supreme Court of Texas addressed pivotal...

Texas Supreme Court Distinguishes Health Care Liability from Premises Liability under MLIIA in Irv. W. Marks Case

Date: Aug 28, 2010

Texas Supreme Court Distinguishes Health Care Liability from Premises Liability under MLIIA in Irv. W. Marks Case Introduction The case of Irving W. Marks v. St. Luke's Episcopal Hospital brought...

Mandatory Award of Reasonable Attorney's Fees Under TEX. CIV. PRAC. REM. CODE § 74.351(b)

Date: Aug 28, 2010

Mandatory Award of Reasonable Attorney's Fees Under TEX. CIV. PRAC. REM. CODE § 74.351(b) Introduction The case of Samuel GARCIA Jr., M.D., Petitioner, v. Maria GOMEZ, Individually and Representative...

Defining 'Overt Act' in Texas Civil Commitment: Clarifications in STATE of Texas v. K.E.W.

Date: Jul 3, 2010

Defining 'Overt Act' in Texas Civil Commitment: Clarifications in STATE of Texas v. K.E.W. Introduction The case STATE of Texas v. K.E.W. (315 S.W.3d 16), adjudicated by the Supreme Court of Texas on...

Limitations on Auditor Liability to Third Parties: Grant Thornton LLP v. Prospect High Income Fund Establishes Scope Under Texas Law

Date: Jul 3, 2010

Limitations on Auditor Liability to Third Parties: Grant Thornton LLP v. Prospect High Income Fund Establishes Scope Under Texas Law Introduction The case of Grant Thornton LLP v. Prospect High...

Texas Supreme Court Sets Strict Ratio Limits on Exemplary Damages in BENNETT v. REYNOLDS

Date: Jun 26, 2010

Texas Supreme Court Sets Strict Ratio Limits on Exemplary Damages in BENNETT v. REYNOLDS Introduction The case of Thomas O. Bennett, Jr., and James B. Bonham Corp. v. Randy Reynolds (315 S.W.3d 867)...

Clarifying Mold Damage Coverage under Texas Homeowners Insurance: Dwelling vs. Personal Property

Date: Jun 12, 2010

Clarifying Mold Damage Coverage under Texas Homeowners Insurance: Dwelling vs. Personal Property Introduction In the landmark case of State Farm Lloyds and Erin Strachan v. Wanda M. Page, decided by...