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  • Commentaries
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Texas Case Commentaries

Texas Supreme Court Reinforces Procuring-Cause Doctrine as Default for Commission Obligations in Silent At-Will Employment Agreements

Texas Supreme Court Reinforces Procuring-Cause Doctrine as Default for Commission Obligations in Silent At-Will Employment Agreements

Date: May 21, 2022
Texas Supreme Court Reinforces Procuring-Cause Doctrine as Default for Commission Obligations in Silent At-Will Employment Agreements Introduction In the case of Thomas Brandon Perthuis v. Baylor...
Texas Supreme Court Establishes Strict Requirement for Written Notices in Contractual Termination: Westlake Chemical v. James Construction Group

Texas Supreme Court Establishes Strict Requirement for Written Notices in Contractual Termination: Westlake Chemical v. James Construction Group

Date: May 21, 2022
Texas Supreme Court Establishes Strict Requirement for Written Notices in Contractual Termination: Westlake Chemical v. James Construction Group Introduction The case of James Construction Group, LLC...
Texas Supreme Court Overrules Philbrook: Clarifying Appellate Deadline Extensions Despite Procedural Errors

Texas Supreme Court Overrules Philbrook: Clarifying Appellate Deadline Extensions Despite Procedural Errors

Date: May 14, 2022
Texas Supreme Court Overrules Philbrook: Clarifying Appellate Deadline Extensions Despite Procedural Errors Introduction The case of Edward James Mitschke, Jr., Individually and as a Representative...
Limits of Executive Directives and Judicial Intervention: Insights from In re Greg Abbott v. Services

Limits of Executive Directives and Judicial Intervention: Insights from In re Greg Abbott v. Services

Date: May 14, 2022
Limits of Executive Directives and Judicial Intervention: Insights from In re Greg Abbott v. Services Introduction In the landmark case of In re Greg Abbott in His Official Capacity as Governor of...
No Regulatory Taking for Non-Land Use Ordinance Enforcement: City of Baytown v. Schrock

No Regulatory Taking for Non-Land Use Ordinance Enforcement: City of Baytown v. Schrock

Date: May 14, 2022
No Regulatory Taking for Non-Land Use Ordinance Enforcement: City of Baytown v. Schrock Introduction In the landmark case City of Baytown, Petitioner, v. Alan Schrock, Respondent (645 S.W.3d 174),...
Due Process in Service of Process: Mitchell v. MAP Resources Establishes New Standards

Due Process in Service of Process: Mitchell v. MAP Resources Establishes New Standards

Date: May 14, 2022
Due Process in Service of Process: Mitchell v. MAP Resources Establishes New Standards Introduction In the landmark case of Stephen L. Mitchell, Janie Mitchell Belew, Lisa Mitchell Seigmann, and...
Enhancing Beneficiary Standing in Trust Litigation: Texas Supreme Court Ruling in Kenneth L. Berry v. Capacity for Flying Bull Ranch

Enhancing Beneficiary Standing in Trust Litigation: Texas Supreme Court Ruling in Kenneth L. Berry v. Capacity for Flying Bull Ranch

Date: May 14, 2022
Enhancing Beneficiary Standing in Trust Litigation: Texas Supreme Court Ruling in Kenneth L. Berry v. Capacity for Flying Bull Ranch Introduction The case of Kenneth L. Berry, Individually; Kenneth...
Affirmation of 'Fair Summary' Standard for Expert Reports under the Texas Medical Liability Act

Affirmation of 'Fair Summary' Standard for Expert Reports under the Texas Medical Liability Act

Date: May 7, 2022
Affirmation of 'Fair Summary' Standard for Expert Reports under the Texas Medical Liability Act Introduction In the landmark case E.D., a minor, by and through her parents, B.O. and D.D., as next...
Ambiguity in Drainage Covenants and Res Judicata: Analyzing Rosetta Resources Operating v. Martin

Ambiguity in Drainage Covenants and Res Judicata: Analyzing Rosetta Resources Operating v. Martin

Date: May 7, 2022
Ambiguity in Drainage Covenants and Res Judicata: Analyzing Rosetta Resources Operating v. Martin Introduction Rosetta Resources Operating, LP v. Kevin Martin, Jamie Martin, and Ashley Lusk is a...
Enforceability of Comprehensive Settlement Agreements: Broad Releases and Reliance Disclaimers in Corporate Disputes

Enforceability of Comprehensive Settlement Agreements: Broad Releases and Reliance Disclaimers in Corporate Disputes

Date: Apr 30, 2022
Enforceability of Comprehensive Settlement Agreements: Broad Releases and Reliance Disclaimers in Corporate Disputes Introduction The case of Transcor Astra Group S.A., et al., Petitioners, v....
Enforcing Mandatory Arbitration Agreements: Insights from In re Whataburger Restaurants LLC

Enforcing Mandatory Arbitration Agreements: Insights from In re Whataburger Restaurants LLC

Date: Apr 23, 2022
Enforcing Mandatory Arbitration Agreements: Insights from In re Whataburger Restaurants LLC Introduction The case of In re Whataburger Restaurants LLC, Relator (645 S.W.3d 188, 2022) presents a...
Hughes Tolling Applies Only to Appeals Involving Malpractice Plaintiff's Participation: Texas Supreme Court Sets New Precedent

Hughes Tolling Applies Only to Appeals Involving Malpractice Plaintiff's Participation: Texas Supreme Court Sets New Precedent

Date: Apr 23, 2022
Hughes Tolling Applies Only to Appeals Involving Malpractice Plaintiff's Participation: Texas Supreme Court Sets New Precedent Introduction In the landmark case Youval Zive v. Jeffrey R. Sandberg and...
Duty of Care in Insurance Claims: Elephant Insurance Co. v. Lorraine Kenyon Establishes New Precedent

Duty of Care in Insurance Claims: Elephant Insurance Co. v. Lorraine Kenyon Establishes New Precedent

Date: Apr 23, 2022
Duty of Care in Insurance Claims: Elephant Insurance Co. v. Lorraine Kenyon Establishes New Precedent Introduction In the landmark case of Elephant Insurance Company, LLC v. Lorraine Kenyon, decided...
Texas Supreme Court Clarifies Requirements to Waive Governmental Immunity under 'Save Chick-fil-A' Law

Texas Supreme Court Clarifies Requirements to Waive Governmental Immunity under 'Save Chick-fil-A' Law

Date: Apr 2, 2022
Texas Supreme Court Clarifies Requirements to Waive Governmental Immunity under 'Save Chick-fil-A' Law Introduction The case of Patrick Von Dohlen et al. v. City of San Antonio (643 S.W.3d 387)...
Open-and-Obvious Doctrine Reinforced Under Chapter 95: SandRidge Energy v. Barfield

Open-and-Obvious Doctrine Reinforced Under Chapter 95: SandRidge Energy v. Barfield

Date: Mar 19, 2022
Open-and-Obvious Doctrine Reinforced Under Chapter 95: SandRidge Energy v. Barfield Introduction SandRidge Energy, Inc. v. John Barfield and Tana Barfield is a significant decision by the Supreme...
Enforceability of Arbitration Clauses Upheld Amid Contractual Ambiguity: Texas Supreme Court in Baby Dolls Topless Saloons v. Sotero

Enforceability of Arbitration Clauses Upheld Amid Contractual Ambiguity: Texas Supreme Court in Baby Dolls Topless Saloons v. Sotero

Date: Mar 19, 2022
Enforceability of Arbitration Clauses Upheld Amid Contractual Ambiguity: Texas Supreme Court in Baby Dolls Topless Saloons v. Sotero Introduction The case of Baby Dolls Topless Saloons, Inc. et al....
Energen Resources Corp. v. Wallace: Defining Property Owner Liability Under Texas Chapter 95

Energen Resources Corp. v. Wallace: Defining Property Owner Liability Under Texas Chapter 95

Date: Mar 12, 2022
Energen Resources Corp. v. Wallace: Defining Property Owner Liability Under Texas Chapter 95 Introduction The Texas Supreme Court case Energen Resources Corporation v. Bryce J. Wallace, Elite...
Oral Rulings Suffice for Preserving Objections in Summary Judgment Proceedings: FieldTurf v. Pleasant Grove ISD

Oral Rulings Suffice for Preserving Objections in Summary Judgment Proceedings: FieldTurf v. Pleasant Grove ISD

Date: Mar 5, 2022
Oral Rulings Suffice for Preserving Objections in Summary Judgment Proceedings: FieldTurf USA, Inc. v. Pleasant Grove ISD Introduction The case of FieldTurf USA, Inc. and Altech, Inc. v. Pleasant...
Texas Supreme Court Affirms Validity of Private Process Server Service in Guardianship Cases

Texas Supreme Court Affirms Validity of Private Process Server Service in Guardianship Cases

Date: Mar 5, 2022
Texas Supreme Court Affirms Validity of Private Process Server Service in Guardianship Cases Introduction The case of In the Guardianship of James E. Fairley (650 S.W.3d 372) adjudicated by the...
Clarifying the Employee Exception: Maxim Crane Works v. Zurich American Insurance Company

Clarifying the Employee Exception: Maxim Crane Works v. Zurich American Insurance Company

Date: Mar 5, 2022
Clarifying the Employee Exception: Maxim Crane Works v. Zurich American Insurance Company Introduction The case of Maxim Crane Works, L.P., Appellant, v. Zurich American Insurance Company, Appellee...
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