Texas Case Commentaries

Prejudgment Interest Capped Under Subchapter K in Medical Liability Claims

Date: Jun 28, 2002

Prejudgment Interest Capped Under Subchapter K in Medical Liability Claims Introduction In the landmark case Columbia Hospital Corporation of Houston d/b/a Columbia Bellaire Medical Center v. Jesse...

Reaffirming the Palacios Test: Texas Supreme Court Sets Standards for Expert Reports in Medical Malpractice Cases

Date: Jun 14, 2002

Reaffirming the Palacios Test: Texas Supreme Court Sets Standards for Expert Reports in Medical Malpractice Cases Introduction The case of Bowie Memorial Hospital a/k/a Bowie Hospital District v....

Supreme Court of Texas Establishes Sovereign Immunity in Premise-Defect Claims: Texas Dept. of Transportation v. Ramirez

Date: Jun 7, 2002

Supreme Court of Texas Establishes Sovereign Immunity in Premise-Defect Claims: Texas Dept. of Transportation v. Ramirez Introduction In the landmark case of Texas Department of Transportation v....

Binding Jury Verdict on Primary Residence in Custody Modifications: Insights from Rosemarie Klara Lenz v. Heinrich Rudolph Lenz

Date: Jun 7, 2002

Binding Jury Verdict on Primary Residence in Custody Modifications: Insights from Rosemarie Klara Lenz v. Heinrich Rudolph Lenz Introduction The case of Rosemarie Klara Lenz, Petitioner v. Heinrich...

Supreme Court of Texas Limits Appellate Modification of Trial Court Judgment under Rule 279 in Gulf States Utilities Co. v. Wyley Low

Date: May 31, 2002

Supreme Court of Texas Limits Appellate Modification of Trial Court Judgment under Rule 279 in Gulf States Utilities Co. v. Wyley Low Introduction In the landmark case of Gulf States Utilities...

Establishing Nonconforming Use Rights Through Preexisting Leases: Insights from The Board of Adjustment of San Antonio v. Ste

Date: May 24, 2002

Establishing Nonconforming Use Rights Through Preexisting Leases: Insights from The Board of Adjustment of San Antonio v. Ste Introduction In the landmark case The Board of Adjustment of the City of...

Reliability of Expert Appraisal Testimony in Condemnation Actions: Insights from Guadalupe-Blanco River Authority v. Kraft

Date: May 10, 2002

Reliability of Expert Appraisal Testimony in Condemnation Actions: Insights from Guadalupe-Blanco River Authority v. Kraft Introduction The case of Guadalupe-Blanco River Authority v. Marvin Kraft,...

Texas Supreme Court Upholds Edwards Aquifer Authority's Rulemaking Exemption from TIA Requirements under the Private Real Property Rights Preservation Act

Date: May 10, 2002

Texas Supreme Court Upholds Edwards Aquifer Authority's Rulemaking Exemption from TIA Requirements under the Private Real Property Rights Preservation Act Introduction In the landmark case of Glenn...

Defining Independent Contractor Status and Employer Liability: A Comprehensive Analysis of Limestone Products Distribution, Inc. v. McNamara

Date: Apr 26, 2002

Defining Independent Contractor Status and Employer Liability: A Comprehensive Analysis of Limestone Products Distribution, Inc. v. McNamara Introduction The case of Limestone Products Distribution,...

Establishing Duty of Care for General Contractors: Lee Lewis Construction, Inc. v. Norma Harrison

Date: Apr 16, 2002

Establishing Duty of Care for General Contractors: Lee Lewis Construction, Inc. v. Norma Harrison Introduction In the landmark case of Lee Lewis Construction, Inc., Petitioner v. Norma Harrison, the...

Clarifying Standards for Counsel Disqualification: Insights from In re Nitla S.A. de C.V.

Date: Apr 12, 2002

Clarifying Standards for Counsel Disqualification: Insights from In re Nitla S.A. de C.V. Introduction The Supreme Court of Texas, in In re Nitla S.A. de C.V., Relator, 92 S.W.3d 419 (2002),...

Sovereign Immunity Reinforced: Supreme Court of Texas Upholds State's Shield Against Breach of Contract Claims

Date: Apr 12, 2002

Sovereign Immunity Reinforced: Supreme Court of Texas Upholds State's Shield Against Breach of Contract Claims Introduction The case of Texas Natural Resource Conservation Commission v. IT-Davy (74...

Affirmation of Constitutional Validity of Workers' Compensation Fund Contributions under Texas Constitution

Date: Apr 5, 2002

Affirmation of Constitutional Validity of Workers' Compensation Fund Contributions under Texas Constitution Introduction In the landmark case Texas Municipal League Intergovernmental Risk Pool v....

Enforceability of Liability Limitations in Utility Tariffs: Insights from Southwestern Electric Power Co. v. Mur Lee Grant

Date: Mar 29, 2002

Enforceability of Liability Limitations in Utility Tariffs: Insights from Southwestern Electric Power Co. v. Mur Lee Grant Introduction Southwestern Electric Power Company v. Mur Lee Grant is a...

Clarifying Fiduciary Duties of Law Firm Associates in Client Referrals: Analysis of Johnson v. Pritchard

Date: Mar 22, 2002

Clarifying Fiduciary Duties of Law Firm Associates in Client Referrals: Analysis of Johnson v. Pritchard Introduction The case of Nick Johnson and James W. Chang, Petitioners v. Brewer Pritchard,...

Statute of Limitations in Medical Malpractice: Shah v. Moss

Date: Mar 22, 2002

Statute of Limitations in Medical Malpractice: Shah v. Moss Introduction The case Harshad G. Shah, M.D., Petitioner v. Ronald Moss, Respondent, reported as 67 S.W.3d 836 by the Supreme Court of Texas...

ERISA Preempts State Community Property Claims in Life Insurance Proceeds: BARNETT v. BARNETT

Date: Feb 15, 2002

ERISA Preempts State Community Property Claims in Life Insurance Proceeds: BARNETT v. BARNETT Introduction Case Citation: Dora Ernestine Luck Barnett, et al., Petitioners v. Marleen Ko (67 S.W.3d...

Exclusive Jurisdiction of Workers' Compensation Commission in Benefit Denials: Fodge v. American Motorists Insurance Co.

Date: Feb 1, 2002

Exclusive Jurisdiction of Workers' Compensation Commission in Benefit Denials: Fodge v. American Motorists Insurance Co. Introduction The case of American Motorists Insurance Co. and Thom Gibson v....

Fraudulent Inducement Requires Enforceable Contract: Texas Supreme Court Sets Clear Boundaries Under the Statute of Frauds

Date: Jan 18, 2002

Fraudulent Inducement Requires Enforceable Contract: Texas Supreme Court Sets Clear Boundaries Under the Statute of Frauds Introduction In R.E. Haase and PRH Investments, Inc. v. Joseph K. Glazner,...

Landlord's Contractual Right to Reimburse Tenant for Damages: Analysis of CHURCHILL FORGE, INC. v. JOANN HAMILTON BROWN

Date: Jan 11, 2002

Landlord's Contractual Right to Reimburse Tenant for Damages: Analysis of CHURCHILL FORGE, INC. v. JOANN HAMILTON BROWN Case Information Case: CHURCHILL FORGE, INC., Petitioner, v. JOANN HAMILTON...

Previous Next