Texas Case Commentaries

Independence of Duty to Indemnify from Duty to Defend: Insights from D.R. Horton-Texas, Ltd. v. Markel International Insurance Company

Date: Dec 12, 2009

Independence of Duty to Indemnify from Duty to Defend: Insights from D.R. Horton-Texas, Ltd. v. Markel International Insurance Company Introduction In the landmark case of D.R. Horton-Texas, Ltd.,...

Reversible Error in Excluding Income-Based Appraisals in Condemnation Cases

Date: Nov 21, 2009

Reversible Error in Excluding Income-Based Appraisals in Condemnation Cases Introduction The case of The State of Texas v. Central Expressway Sign Associates, adjudicated by the Supreme Court of...

No Duty to Warn on Natural Conditions Under Recreational Use Statute

Date: Nov 21, 2009

No Duty to Warn on Natural Conditions Under Recreational Use Statute Introduction The case of City of Waco v. Debra Kirwan (298 S.W.3d 618), decided by the Supreme Court of Texas on November 20,...

Enhancing Damages Recoverability in Legal Malpractice: Insights from Akin Gump v. National Development and Research Corp.

Date: Oct 31, 2009

Enhancing Damages Recoverability in Legal Malpractice: Insights from Akin Gump v. National Development and Research Corp. Introduction The landmark decision in Akin, Gump, Strauss, Hauer Feld, L.L.P....

Reaffirming the Damages Standard in Joint Venture Fraud: Insights from Aquaplex, Inc. v. Rancho La Valencia, Inc.

Date: Oct 31, 2009

Reaffirming the Damages Standard in Joint Venture Fraud: Insights from Aquaplex, Inc. v. Rancho La Valencia, Inc. Introduction The case of Aquaplex, Inc. and James Edward Jones, Jr. v. Rancho La...

Limitations on Awarding Attorney's Fees as a Matter of Law: SMITH v. TAM Trust

Date: Oct 24, 2009

Limitations on Awarding Attorney's Fees as a Matter of Law: SMITH v. TAM Trust Introduction Lauri Smith and Howard Smith v. Patrick W.Y. Tam Trust, 296 S.W.3d 545, is a pivotal case adjudicated by...

Walker v. Texas Department of Family and Protective Services: Standards for Parental Rights Termination and Effective Assistance of Counsel

Date: Oct 10, 2009

Walker v. Texas Department of Family and Protective Services: Standards for Parental Rights Termination and Effective Assistance of Counsel Introduction Walker v. Texas Department of Family and...

Jurisdictional Limits of Independent Hearing Examiners under the Fire Fighters and Police Officers Civil Service Act

Date: Aug 29, 2009

Jurisdictional Limits of Independent Hearing Examiners under the Fire Fighters and Police Officers Civil Service Act Introduction The case City of Pasadena, Texas v. Richard Smith (292 S.W.3d 14)...

Establishing the 'No Harm, No Fee' Standard for Prevailing Parties in Contractual Attorney's Fee Provisions

Date: Aug 29, 2009

Establishing the 'No Harm, No Fee' Standard for Prevailing Parties in Contractual Attorney's Fee Provisions Introduction In the landmark decision of Intercontinental Group Partnership v. KB Home Lone...

Supreme Court of Texas Clarifies Limits on Nominal Damages and Attorney's Fees in Breach of Contract Cases

Date: Aug 29, 2009

Supreme Court of Texas Clarifies Limits on Nominal Damages and Attorney's Fees in Breach of Contract Cases Introduction The case of MBM Financial Corporation, et al. v. The Woodlands Operating...

Protection of Privacy in Electronic Discovery: Analysis of In re Weekley Homes Court Decision

Date: Aug 29, 2009

Protection of Privacy in Electronic Discovery: Analysis of In re Weekley Homes Court Decision Introduction In the landmark case In re Weekley Homes, L.P., Relator. (295 S.W.3d 309), the Supreme Court...

Payment Metrics in Percentage of Proceeds Gas Contracts: Sales-Based Compensation Affirmed

Date: Aug 29, 2009

Payment Metrics in Percentage of Proceeds Gas Contracts: Sales-Based Compensation Affirmed Introduction In the landmark case of Dynegy Midstream Services, Limited Partnership and Versado Gas...

Insufficient Evidence of Partnership Under TRPA: Ingram v. Deere Analysis

Date: Jul 4, 2009

Insufficient Evidence of Partnership Under TRPA: Ingram v. Deere Analysis Introduction In the case of Jesse C. Ingram, Ph.D. and Behavioral Psychology Clinic, P.C. v. Louis Deere, D.O. and Hillvale...

Interlocutory Appeals in Health Care Liability Claims: HERNANDEZ v. EBROM Establishes Key Precedent

Date: Jul 4, 2009

Interlocutory Appeals in Health Care Liability Claims: HERNANDEZ v. EBROM Establishes Key Precedent Introduction In HERNANDEZ v. EBROM, 289 S.W.3d 316 (Tex. 2009), the Supreme Court of Texas...

In re Morgan Stanley Co.: Courts to Determine Mental Capacity in Arbitration Agreements

Date: Jul 4, 2009

In re Morgan Stanley Co.: Courts to Determine Mental Capacity in Arbitration Agreements Introduction In the landmark case of In re Morgan Stanley Co., Inc., the Supreme Court of Texas addressed a...

Texas Supreme Court Mandates Specific Reasoning for Overriding Jury Verdicts

Date: Jul 4, 2009

Texas Supreme Court Mandates Specific Reasoning for Overriding Jury Verdicts Introduction The case of IN RE COLUMBIA MEDICAL CENTER of Las Colinas, Subsidiary, L.P. d/b/a Las Colinas Medical Center,...

Dolgencorp of Texas, Inc. v. Maria Isabel Lerma: Establishing the Craddock Test for Default Judgment Reversals

Date: Jul 4, 2009

Dolgencorp of Texas, Inc. v. Maria Isabel Lerma: Establishing the Craddock Test for Default Judgment Reversals Introduction The case of Dolgencorp of Texas, Inc., d/b/a Dollar General Store v. Maria...

Texas Supreme Court Affirms Appraisal Scope in Property Insurance: Damages Decided by Appraisers, Liability Remains with Courts

Date: Jul 4, 2009

Texas Supreme Court Affirms Appraisal Scope in Property Insurance: Damages Decided by Appraisers, Liability Remains with Courts Introduction The case of State Farm Lloyds v. Becky Ann Johnson (290...

Revival of Claims Under Section 33.004(e) Does Not Extend Statutes of Repose: Galbraith Engineering Consultants, Inc. v. Pochucha

Date: Jun 27, 2009

Revival of Claims Under Section 33.004(e) Does Not Extend Statutes of Repose: Galbraith Engineering Consultants, Inc. v. Pochucha Introduction The case of Galbraith Engineering Consultants, Inc. v....

Reversal of Tolling Liability in Statute of Limitations: Ashley v. Hawkins

Date: Jun 27, 2009

Reversal of Tolling Liability in Statute of Limitations: Ashley v. Hawkins Introduction Ashley v. Hawkins, 293 S.W.3d 175 (Tex. 2009), adjudicated by the Supreme Court of Texas, addresses the...