Texas Case Commentaries

Unintervened Class Member Appeals and Attorney Authority to Opt-Out: Texas Supreme Court's Decision in CITY OF SAN BENITO v. Rio Grande Valley Gas Company

Date: Jun 27, 2003

Unintervened Class Member Appeals and Attorney Authority to Opt-Out: Texas Supreme Court's Decision in CITY OF SAN BENITO v. Rio Grande Valley Gas Company Introduction The case CITY OF SAN BENITO, et...

CASTANEDA v. STATE: Affirmation of Enhanced Burglary Conviction and Eighth Amendment Compliance

Date: Jun 26, 2003

CASTANEDA v. STATE: Affirmation of Enhanced Burglary Conviction and Eighth Amendment Compliance Introduction Daniel Castaneda, Jr. appealed his conviction for burglary of a habitation, which was...

Finality of Judgments and Timeliness of Amended Motions for New Trial: Insights from Moritz v. Preiss

Date: Jun 13, 2003

Finality of Judgments and Timeliness of Amended Motions for New Trial: Insights from Moritz v. Preiss Introduction The case of Charles E. Moritz, M.D., Central Texas Kidney Associates, P.A., Wilbert...

Jurisdictional Limits of Special Courts of Review in Judicial Misconduct: Insights from In re Honorable Robert Jenevein

Date: Jun 13, 2003

Jurisdictional Limits of Special Courts of Review in Judicial Misconduct: Insights from In re Honorable Robert Jenevein Introduction The case In re Honorable Robert Jenevein, decided on June 12,...

Texas Supreme Court Establishes Standards for State Ad Valorem Tax in School Finance

Date: May 30, 2003

Texas Supreme Court Establishes Standards for State Ad Valorem Tax in School Finance Introduction In the pivotal case of West Orange-Cove Consolidated Independent School District et al. v. Felipe...

Finality and Appellate Jurisdiction: Insights from Briscoe v. Goodmark Corp.

Date: May 23, 2003

Finality and Appellate Jurisdiction: Insights from Briscoe v. Goodmark Corp. Introduction The case of Michael Briscoe v. Goodmark Corp. delves into the intricacies of appellate jurisdiction and the...

Duty to Preserve Evidence in Spoliation Cases: Insights from Wal-Mart Stores, Inc. v. Monroe Johnson

Date: May 23, 2003

Duty to Preserve Evidence in Spoliation Cases: Insights from Wal-Mart Stores, Inc. v. Monroe Johnson Introduction The case of Wal-Mart Stores, Inc. v. Monroe Johnson and Brandy Johnson (106 S.W.3d...

Proper Substitution of Assumed Names Under Tex. R. Civ. P. 28: Sixth RMA Partners, L.P. v. Thomas J. Sibley

Date: May 23, 2003

Proper Substitution of Assumed Names Under Tex. R. Civ. P. 28: Sixth RMA Partners, L.P. v. Thomas J. Sibley Introduction The case of Sixth RMA Partners, L.P., A/K/A RMA Partners, L.P., Petitioner, v....

Decertification of Class Action in Henry SCHEIN v. STROMBOE: Elevating Standards for Class Certification under Rule 42(b)(4)

Date: May 9, 2003

Decertification of Class Action in Henry SCHEIN v. STROMBOE: Elevating Standards for Class Certification under Rule 42(b)(4) Introduction The case of Henry Schein, Inc., Easy Dental Systems, Inc.,...

Defining Extreme and Outrageous Conduct in Intentional Infliction of Emotional Distress: Tiller v. McLure

Date: May 9, 2003

Defining Extreme and Outrageous Conduct in Intentional Infliction of Emotional Distress: Tiller v. McLure Introduction The case of Billie H. Tiller v. Barbara McLure, 121 S.W.3d 709 (Supreme Court of...

Sovereign Immunity and Waiver by Conduct: Analysis of Catalina Development, Inc. v. County of El Paso

Date: May 9, 2003

Sovereign Immunity and Waiver by Conduct: Analysis of Catalina Development, Inc. v. County of El Paso Introduction The case of Catalina Development, Inc. and Gregory Collins v. County of El Paso,...

Supreme Court of Texas Clarifies Rule 26.3: No Requirement to Concede Untimeliness for Appeal Extensions

Date: May 2, 2003

Supreme Court of Texas Clarifies Rule 26.3: No Requirement to Concede Untimeliness for Appeal Extensions Introduction In the landmark decision of WILLIAM J. HONE and FALK FISH, L.L.P. v. BERNARD M....

Enhanced Standards for Discovery Sanctions in Medical Negligence Cases: Analysis of Spohn Hospital v. Karen Mayer

Date: Apr 25, 2003

Enhanced Standards for Discovery Sanctions in Medical Negligence Cases: Analysis of Spohn Hospital v. Karen Mayer Introduction The case of Spohn Hospital, et al. v. Karen Mayer, et al., 104 S.W.3d...

Best Interest of the Child Standard in Terminating Parental Rights: Analysis of In the Interest of U.P.

Date: Apr 18, 2003

Best Interest of the Child Standard in Terminating Parental Rights: Analysis of In the Interest of U.P. Introduction The case of In the Interest of U.P. (105 S.W.3d 222) adjudicated by the Court of...

Actual Knowledge in Premises Liability: Insights from Wal-Mart Stores, Inc. v. Brian Lynn Miller

Date: Mar 28, 2003

Actual Knowledge in Premises Liability: Insights from Wal-Mart Stores, Inc. v. Brian Lynn Miller Introduction The case of Wal-Mart Stores, Inc. v. Brian Lynn Miller (102 S.W.3d 706) adjudicated by...

Sovereign Immunity and Legislative Waiver: Insights from Wichita Falls State Hospital v. Taylor

Date: Mar 7, 2003

Sovereign Immunity and Legislative Waiver: Insights from Wichita Falls State Hospital v. Taylor Introduction The case of Wichita Falls State Hospital v. Deborah D. Taylor, decided by the Supreme...

Comprehensive Commentary on In the Interest of J.F.C., A.B.C., and M.B.C., Minor Children - Texas Supreme Court 2003

Date: Mar 7, 2003

Termination of Parental Rights Without Best Interest Instruction: Analyzing Texas Supreme Court's 2003 Judgment Introduction The case of In the Interest of J.F.C., A.B.C., and M.B.C., Minor Children...

Exculpatory Clauses in Trusts: Insights from Texas Commerce Bank v. Grizzle

Date: Feb 28, 2003

Exculpatory Clauses in Trusts: Insights from Texas Commerce Bank v. Grizzle Introduction The case of Texas Commerce Bank, N.A., and Texas Commerce Equity Holdings, Inc. v. Linda Grizzle, as next...

Damages for Stock Option Breach Measured at Time of Breach: MIGA v. JENSEN Commentary

Date: Feb 28, 2003

Damages for Stock Option Breach Measured at Time of Breach: MIGA v. JENSEN Introduction Dennis L. Miga v. Ronald L. Jensen, 96 S.W.3d 207 (Tex. 2003), is a landmark case in Texas jurisprudence...

Harmful Error in Broad-Form Jury Instructions: HARRIS COUNTY v. SMITHs

Date: Feb 28, 2003

Harmful Error in Broad-Form Jury Instructions: HARRIS COUNTY v. SMITHs Introduction In the landmark case of Harris County, Texas, Petitioner, v. Lynn Smith, Erica Smith, individually and as next...

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