Texas Case Commentaries

Limits on Sovereign Immunity Under the Texas Whistleblower Act: Analysis of STATE v. LUECK

Date: Jun 27, 2009

Limits on Sovereign Immunity Under the Texas Whistleblower Act: Analysis of STATE v. LUECK Introduction The Supreme Court of Texas delivered a pivotal decision in The STATE of Texas and the Texas...

Effective Date of Appellate Court Decisions Under Texas Law: Edwards Aquifer Authority v. Chemical Lime Ltd.

Date: Jun 27, 2009

Effective Date of Appellate Court Decisions Under Texas Law: Edwards Aquifer Authority v. Chemical Lime Ltd. Introduction The case of Edwards Aquifer Authority et al. v. Chemical Lime, Ltd. (291...

Executor’s Right to Sue Attorneys for Estate-Related Malpractice Affirmed in Smith v. O'Donnell

Date: Jun 27, 2009

Executor’s Right to Sue Attorneys for Estate-Related Malpractice Affirmed in Smith v. O'Donnell 1. Introduction In the landmark case of Paul H. Smith, et al., Petitioners, v. Thomas O'Donnell,...

Nabors Drilling v. Escoto: Employer Liability for Employee Fatigue-Related Accidents

Date: Jun 20, 2009

Nabors Drilling v. Escoto: Employer Liability for Employee Fatigue-Related Accidents Introduction Nabors Drilling, U.S.A., Inc. v. Francisca Escoto et al. is a landmark case decided by the Supreme...

BARR v. CITY OF SINTON: Strengthening TRFRA Protections Against Zoning Ordinances

Date: Jun 20, 2009

BARR v. CITY OF SINTON: Strengthening TRFRA Protections Against Zoning Ordinances Introduction BARR v. CITY OF SINTON, 295 S.W.3d 287 (Tex. 2009), is a landmark decision by the Supreme Court of Texas...

Application of Texas Rule of Civil Procedure 193.6 in Summary Judgment Proceedings

Date: Jun 20, 2009

Application of Texas Rule of Civil Procedure 193.6 in Summary Judgment Proceedings Introduction The case of Fort Brown Villas III Condominium Association, Inc. d/b/a Fort Brown Condoshares and LRI...

Non-Jurisdictional Notice Requirements in Police Suspension Appeals: Insights from City of DeSoto v. Justin White

Date: Jun 20, 2009

Non-Jurisdictional Notice Requirements in Police Suspension Appeals: Insights from City of DeSoto v. Justin White Introduction The case of City of DeSoto, Texas v. Justin White (288 S.W.3d 389)...

Right to Appointed Counsel in Post-Adjudication Habeas Corpus Proceedings: In re James Allen Hall

Date: Jun 13, 2009

Right to Appointed Counsel in Post-Adjudication Habeas Corpus Proceedings: In re James Allen Hall Introduction In re James Allen HALL, 286 S.W.3d 925 (Tex. 2009), represents a pivotal decision by the...

Harrell v. Texas: Withdrawal Orders from Inmate Trust Accounts Classified as Civil Proceedings

Date: Jun 6, 2009

Harrell v. Texas: Withdrawal Orders from Inmate Trust Accounts Classified as Civil Proceedings Introduction The case of Walter E. Harrell v. The State of Texas, decided by the Supreme Court of Texas...

Timpte Industries v. Gish: Establishing the Boundaries of Design Defect Liability in Product Safety

Date: Jun 6, 2009

Timpte Industries v. Gish: Establishing the Boundaries of Design Defect Liability in Product Safety Introduction In the landmark case of Timpte Industries, Inc. and Timpte Inc. v. Robert Gish and...

Loss of Chance and Independent Contractor Status in Medical Malpractice: Insights from Columbia Rio Grande Healthcare v. Hawley

Date: Jun 6, 2009

Loss of Chance and Independent Contractor Status in Medical Malpractice: Insights from Columbia Rio Grande Healthcare v. Hawley Introduction Columbia Rio Grande Healthcare, L.P. d/b/a Rio Grande...

Sanctions Under MLIIA Remain Available Post-Nonsuit: Texas Supreme Court Ruling

Date: May 16, 2009

Sanctions Under MLIIA Remain Available Post-Nonsuit: Texas Supreme Court Ruling Introduction In the landmark case Frances B. Crites, M.D., Petitioner, v. Linda Collins and Willie Collins, Respondent...

San Antonio v. Pollock: Government Liability Requires Proven Knowledge of Substantial Harm

Date: May 2, 2009

San Antonio v. Pollock: Government Liability Requires Proven Knowledge of Substantial Harm 1. Introduction In City of San Antonio v. Charles Pollock and Tracy Pollock, indi (284 S.W.3d 809), the...

Ultra Vires Exception to Sovereign Immunity: Prospective Injunctive Relief in The CITY OF EL PASO v. HEINRICH

Date: May 2, 2009

Ultra Vires Exception to Sovereign Immunity: Prospective Injunctive Relief in The CITY OF EL PASO v. HEINRICH Introduction The case of The City of El Paso, et al. v. Lilli M. Heinrich (284 S.W.3d...

Exclusion of VA Disability Benefits from Divisible Military Retirement Pay in Divorce Decrees

Date: May 2, 2009

Exclusion of VA Disability Benefits from Divisible Military Retirement Pay in Divorce Decrees Introduction Raoul HAGEN v. Doris J. HAGEN, 282 S.W.3d 899 (Tex. Sup. Ct. 2009), is a pivotal Supreme...

Harris County Hospital District v. Tomball Regional Hospital: Affirmation of Governmental Immunity for Hospital Districts in Texas

Date: May 2, 2009

Harris County Hospital District v. Tomball Regional Hospital: Affirmation of Governmental Immunity for Hospital Districts in Texas Introduction The case of Harris County Hospital District v. Tomball...

Ineffective Assistance of Counsel Claims on Appeal Despite Procedural Noncompliance: Establishing New Legal Precedent

Date: May 2, 2009

Ineffective Assistance of Counsel Claims on Appeal Despite Procedural Noncompliance: Establishing New Legal Precedent Introduction In the Interest of J.O.A., T.J.A.M., T.J.M., and C.T.M., Children,...

Intentional Injury Exclusion Clarified in Nationwide Mutual Insurance Co. v. Tanner

Date: Apr 18, 2009

Intentional Injury Exclusion Clarified in Nationwide Mutual Insurance Co. v. Tanner Introduction In the landmark case of Greg TANNER and Maribel Tanner, Individually and as Next Friends of K.T. and...

Limitations on Mandamus Relief for Compelling Arbitration: Insights from In re Gulf Exploration, LLC

Date: Apr 18, 2009

Limitations on Mandamus Relief for Compelling Arbitration: Insights from In re Gulf Exploration, LLC Introduction In the landmark case In re Gulf Exploration, LLC, et al., Relators, the Supreme Court...

Enforceability of Implied Confidentiality in Covenants Not to Compete: Mann Frankfort v. Fielding

Date: Apr 18, 2009

Enforceability of Implied Confidentiality in Covenants Not to Compete: Mann Frankfort v. Fielding Introduction Mann Frankfort Stein Lipp Advisors, Inc., MFSL GP, L.L.C., and MFSL Employee...