Texas Case Commentaries

Retroactive Exclusive Jurisdiction of the Texas Motor Vehicle Board Affirmed in Subaru of America, Inc. v. David McDavid Nissan, Inc.

Date: Aug 30, 2002

Retroactive Exclusive Jurisdiction of the Texas Motor Vehicle Board Affirmed in Subaru of America, Inc. v. David McDavid Nissan, Inc. Introduction In Subaru of America, Inc. v. David McDavid Nissan,...

Mary Nelle Stine v. William D. Stewart, Jr.: Affirmation of Third-Party Creditor Beneficiary Rights

Date: Aug 23, 2002

Mary Nelle Stine v. William D. Stewart, Jr.: Affirmation of Third-Party Creditor Beneficiary Rights Introduction In the landmark case of Mary Nelle Stine v. William D. Stewart, Jr., the Supreme Court...

Establishing the Accrual of Cause of Action in Claims Against Counties: Lubbock County v. Trammel's Lubbock Bail Bonds et al.

Date: Aug 23, 2002

Establishing the Accrual of Cause of Action in Claims Against Counties: Lubbock County v. Trammel's Lubbock Bail Bonds et al. Introduction The case of Lubbock County, Texas, Petitioner v. Trammel's...

Affirmation of Arbitration Clause Enforceability in At-Will Employment Contracts

Date: Aug 23, 2002

Affirmation of Arbitration Clause Enforceability in At-Will Employment Contracts Introduction In the landmark case In re Halliburton Company and Brown Root Energy Services, Relators (80 S.W.3d 566),...

Scope of Employment in Defamation Cases: Minyard Food Stores, Inc. v. Goodman Sets Clarification on Employer Liability

Date: Aug 23, 2002

Scope of Employment in Defamation Cases: Minyard Food Stores, Inc. v. Goodman Sets Clarification on Employer Liability Introduction The case of Minyard Food Stores, Inc. v. Brenda Goodman (80 S.W.3d...

Supreme Court of Texas Clarifies Proximate Cause in Negligence Claims for Sports-Related Injuries

Date: Aug 23, 2002

Supreme Court of Texas Clarifies Proximate Cause in Negligence Claims for Sports-Related Injuries Introduction In Southwest Key Program, Inc. d/b/a Texas Key Program, Inc. and La Esperanza Home for...

Reestablishing Foreseeability Instructions in FELA Claims: Union Pacific Railroad Co. v. Williams

Date: Aug 23, 2002

Reestablishing Foreseeability Instructions in FELA Claims: Union Pacific Railroad Co. v. Williams Introduction The case of Union Pacific Railroad Company v. Seymour Williams, decided by the Supreme...

County of Cameron v. Brown: Defining Premises Defect and Governmental Immunity under Texas Tort Claims Act

Date: Aug 23, 2002

County of Cameron v. Brown: Defining Premises Defect and Governmental Immunity under Texas Tort Claims Act Introduction County of Cameron v. Charlene Mills Brown, indi, 80 S.W.3d 549 (Tex. 2002),...

Mandatory Ten-Day Judgment Rendering in District Court Appeals: Garza v. Texas Alcoholic Beverage Commission

Date: Jul 4, 2002

Mandatory Ten-Day Judgment Rendering in District Court Appeals: Garza v. Texas Alcoholic Beverage Commission Introduction In the landmark case Jose Luis Garza d/b/a Tropicana Night Club v. Texas...

Rocor International v. National Union: Establishing the Elements of Unfair Claim Settlement Practices under Texas Insurance Code Article 21.21

Date: Jul 4, 2002

Rocor International v. National Union: Establishing the Elements of Unfair Claim Settlement Practices under Texas Insurance Code Article 21.21 Introduction In the landmark case of Rocor...

Standardizing Appellate Review in Parental Termination Under Clear and Convincing Evidence: IN THE INTEREST OF C.H.

Date: Jul 4, 2002

Standardizing Appellate Review in Parental Termination Under Clear and Convincing Evidence: IN THE INTEREST OF C.H. Introduction IN THE INTEREST OF C.H., a minor child is a landmark 2002 decision by...

Reaffirmation of Settlement Credit Presumptions in Wrongful Death Cases under Texas Chapter 33

Date: Jul 4, 2002

Reaffirmation of Settlement Credit Presumptions in Wrongful Death Cases under Texas Chapter 33 Introduction The Supreme Court of Texas, in the landmark decision of Stephen James Utts, M.D.,...

Establishing Limits on General Jurisdiction: Insights from American Type Culture Collection, Inc. v. Marshall Coleman

Date: Jul 4, 2002

Establishing Limits on General Jurisdiction: Insights from American Type Culture Collection, Inc. v. Marshall Coleman Introduction The case of American Type Culture Collection, Inc. (ATCC) v....

Public Reprimand of Judge Rick Davis: Establishing New Standards for Judicial Conduct and Media Interaction

Date: Jul 3, 2002

Public Reprimand of Judge Rick Davis: Establishing New Standards for Judicial Conduct and Media Interaction Introduction In the case titled In re Honorable Rick Davis, Judge, 272nd District Court,...

Sovereign Immunity in Local Government Contracts: Supreme Court of Texas Upholds Strict Interpretation of §89.004 in Travis County v. Pelzel Associates

Date: Jun 28, 2002

Sovereign Immunity in Local Government Contracts: Supreme Court of Texas Upholds Strict Interpretation of §89.004 in Travis County v. Pelzel Associates Introduction In the landmark case of Travis...

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Texas Case Commentaries

Retroactive Exclusive Jurisdiction of the Texas Motor Vehicle Board Affirmed in Subaru of America, Inc. v. David McDavid Nissan, Inc.

Mary Nelle Stine v. William D. Stewart, Jr.: Affirmation of Third-Party Creditor Beneficiary Rights

Establishing the Accrual of Cause of Action in Claims Against Counties: Lubbock County v. Trammel's Lubbock Bail Bonds et al.

Affirmation of Arbitration Clause Enforceability in At-Will Employment Contracts

Scope of Employment in Defamation Cases: Minyard Food Stores, Inc. v. Goodman Sets Clarification on Employer Liability

Supreme Court of Texas Clarifies Proximate Cause in Negligence Claims for Sports-Related Injuries

Reestablishing Foreseeability Instructions in FELA Claims: Union Pacific Railroad Co. v. Williams

County of Cameron v. Brown: Defining Premises Defect and Governmental Immunity under Texas Tort Claims Act

Mandatory Ten-Day Judgment Rendering in District Court Appeals: Garza v. Texas Alcoholic Beverage Commission

Rocor International v. National Union: Establishing the Elements of Unfair Claim Settlement Practices under Texas Insurance Code Article 21.21

Standardizing Appellate Review in Parental Termination Under Clear and Convincing Evidence: IN THE INTEREST OF C.H.

Reaffirmation of Settlement Credit Presumptions in Wrongful Death Cases under Texas Chapter 33

Establishing Limits on General Jurisdiction: Insights from American Type Culture Collection, Inc. v. Marshall Coleman

Public Reprimand of Judge Rick Davis: Establishing New Standards for Judicial Conduct and Media Interaction

Sovereign Immunity in Local Government Contracts: Supreme Court of Texas Upholds Strict Interpretation of §89.004 in Travis County v. Pelzel Associates

Butnaru v. Ford Motor Company: Defining Exclusive and Primary Jurisdiction under the Texas Motor Vehicle Code

Supreme Court of Texas Establishes Rigorous Standards for Personal Jurisdiction over Foreign Corporations

Employer Liability for Independent Contractor's Intoxication under the Texas Dram Shop Act

Establishing Good Faith in Official Immunity Claims During Arrests: Telthorster v. Tennell

Exxon Pipeline Co. v. Zwahr: Establishing Limits on Project Enhancement in Eminent Domain Valuations