Texas Case Commentaries

Application of the Discovery Rule in Royalty Dispute: Wagner Brown v. Horwood & Glass

Date: Nov 30, 2001

Application of the Discovery Rule in Royalty Dispute: Wagner Brown v. Horwood & Glass Introduction The case of Wagner Brown, Ltd., and Canyon Energy, Inc. d/b/a Canyon Pipeline Corp. v. Lonnie...

Special Damages in Condemnation: Insights from Interstate Northborough Partnership v. State of Texas

Date: Oct 26, 2001

Special Damages in Condemnation: Insights from Interstate Northborough Partnership v. State of Texas Introduction Interstate Northborough Partnership, et al. v. State of Texas is a landmark decision...

Affirmation of Parental Rights Termination Under Clear and Convincing Evidence Standard

Date: Oct 5, 2001

Affirmation of Parental Rights Termination Under Clear and Convincing Evidence Standard Introduction In the landmark case In the Interest of D.M., B.W., and J.C.W. (58 S.W.3d 801), adjudicated by the...

Bally Total Fitness v. Keith Jackson: Interlocutory Appeal Jurisdiction in Class Actions

Date: Sep 28, 2001

Bally Total Fitness v. Keith Jackson: Interlocutory Appeal Jurisdiction in Class Actions Introduction In Bally Total Fitness Corporation f/k/a Health Tennis Corporation of America v. Keith Jackson,...

Supreme Court of Texas Limits PUC's Authority to Set Wholesale Transmission Rates Under PURA95

Date: Sep 21, 2001

Supreme Court of Texas Limits PUC's Authority to Set Wholesale Transmission Rates Under PURA95 Introduction The case of Public Utility Commission of Texas, et al., Petitioners v. City Public Service...

JOHN v. MARSHALL HEALTH SERVices: Affirming the Finality of Judgments and Revisiting Rule 306a(5) Motion Deadlines

Date: Sep 21, 2001

JOHN v. MARSHALL HEALTH SERVices: Affirming the Finality of Judgments and Revisiting Rule 306a(5) Motion Deadlines Introduction In Christopher Leigh JOHN v. MARSHALL HEALTH SERVices, Inc. and...

Wal-Mart v. Sturges: Establishing the Independent Wrongfulness Standard in Tortious Interference with Prospective Business Relations

Date: Sep 21, 2001

Wal-Mart v. Sturges: Establishing the Independent Wrongfulness Standard in Tortious Interference with Prospective Business Relations Introduction In the landmark decision of Wal-Mart Stores, Inc., et...

Supreme Court of Texas Establishes Dominant Jurisdiction in Redistricting Litigation Based on Ripeness Doctrine

Date: Sep 13, 2001

Supreme Court of Texas Establishes Dominant Jurisdiction in Redistricting Litigation Based on Ripeness Doctrine Introduction The case of Rick Perry, in his official capacity as Governor of the State...

Market-Value Royalty Obligations Affirmed in Tomas Chapa YZAGUIRRE v. KCS RESOURCES, Inc.

Date: Aug 31, 2001

Market-Value Royalty Obligations Affirmed in Tomas Chapa YZAGUIRRE v. KCS RESOURCES, Inc. Introduction The case of Tomas Chapa Yzaguirre, et al. v. KCS Resources, Inc., adjudicated by the Supreme...

Standing to Challenge Executive Orders: Analysis of Brown v. Todd

Date: Aug 24, 2001

Standing to Challenge Executive Orders: Analysis of Brown v. Todd Introduction The case of Hon. Lee P. Brown, Mayor and the City of Houston, Petitioners v. Rob Todd, Respondent, decided by the...

Defining the Duty to Disclose in Fraud Claims: Texas Supreme Court in Vento v. Bradford et al.

Date: Aug 3, 2001

Defining the Duty to Disclose in Fraud Claims: Texas Supreme Court in Vento v. Bradford et al. Introduction The case of Vento v. Bradford et al. (48 S.W.3d 749) presents a pivotal examination of...

Supreme Court of Texas Establishment Clause Ruling in Da v. Williams: A Landmark Decision on Government-Endorsed Religion in Correctional Facilities

Date: Jun 29, 2001

Supreme Court of Texas Establishment Clause Ruling in Da v. Williams: A Landmark Decision on Government-Endorsed Religion in Correctional Facilities Introduction In the case of Da v. Williams, the...

Supreme Court of Texas Clarifies Limits of Good Cause Exception under Tex.R.Civ.P. 141: Emotional Harm and Financial Inability Not Justifiable

Date: Jun 29, 2001

Supreme Court of Texas Clarifies Limits of Good Cause Exception under Tex.R.Civ.P. 141: Emotional Harm and Financial Inability Not Justifiable Introduction Furr's Supermarkets, Inc. v. Marthana...

Defining Intent-to-Induce-Reliance in Fraud Claims Against Accountants: Ernst Young v. Pacific Mutual Life Insurance Co.

Date: Jun 22, 2001

Defining Intent-to-Induce-Reliance in Fraud Claims Against Accountants: Ernst Young v. Pacific Mutual Life Insurance Co. Introduction The case of Ernst Young, L.L.P. v. Pacific Mutual Life Insurance...

Lack of Capacity for Foreign Limited Partnerships in Texas: Coastal Liquids Transportation, L.P. v. Harris County Appraisal District

Date: Jun 22, 2001

Lack of Capacity for Foreign Limited Partnerships in Texas: Coastal Liquids Transportation, L.P. v. Harris County Appraisal District Introduction Coastal Liquids Transportation, L.P., Petitioner v....

Effective Acceleration and Statute of Limitations in Texas Foreclosure: Holy Cross Church v. Johnny Wolf

Date: Jun 22, 2001

Effective Acceleration and Statute of Limitations in Texas Foreclosure: Holy Cross Church v. Johnny Wolf Introduction The case of Holy Cross Church of God in Christ v. Johnny Wolf (44 S.W.3d 562)...

Sovereign Immunity and 'Use of Property' under the Texas Tort Claims Act: The Supreme Court of Texas in TDCJ v. Jeannie Miller

Date: Jun 22, 2001

Sovereign Immunity and 'Use of Property' under the Texas Tort Claims Act: The Supreme Court of Texas in TDCJ v. Jeannie Miller Introduction Texas Department of Criminal Justice, Petitioner v. Jeannie...

Enforcing Broad Arbitration Agreements under the FAA: Analysis of In re FirstMerit Bank Judgment

Date: Jun 15, 2001

Enforcing Broad Arbitration Agreements under the FAA: Analysis of In re FirstMerit Bank Judgment Introduction The case of In re FirstMerit Bank, N.A. f/k/a Signal Bank, N.A. and Mobile Consultants,...

Novak v. M.D. Anderson: Establishing the Necessity of Individual Standing in Class Action Jurisdiction

Date: Jun 15, 2001

Novak v. M.D. Anderson: Establishing the Necessity of Individual Standing in Class Action Jurisdiction Introduction The case of The M.D. Anderson Cancer Center, John Mendelsohn, M.D., and John Does...

Preemption of State Tort Claims under Federal Motor Vehicle Safety Standards: Analysis of Great Dane Trailers, Inc. v. Estate of Garland Fredderick Wells

Date: Jun 15, 2001

Preemption of State Tort Claims under Federal Motor Vehicle Safety Standards: Analysis of Great Dane Trailers, Inc. v. Estate of Garland Fredderick Wells Introduction The case of Great Dane Trailers,...

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