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  • Commentaries
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Texas Case Commentaries

"Empty Space Is Not a Mineral": Surface Ownership of Subsurface Caverns and In‑Kind Mineral Royalties under Texas Law

"Empty Space Is Not a Mineral": Surface Ownership of Subsurface Caverns and In‑Kind Mineral Royalties under Texas Law

Date: May 17, 2025
"Empty Space Is Not a Mineral": Surface Ownership of Subsurface Caverns and In‑Kind Mineral Royalties under Texas Law I. Introduction In Myers-Woodward, LLC v. Underground Services Markham, LLC &...
Extending the TCPA to Negligent Hiring, Training, and Supervision: Commentary on Walgreens v. McKenzie

Extending the TCPA to Negligent Hiring, Training, and Supervision: Commentary on Walgreens v. McKenzie

Date: May 17, 2025
Extending the TCPA to Negligent Hiring, Training, and Supervision: Commentary on Walgreens v. McKenzie I. Introduction In Walgreens v. McKenzie, No. 23‑0955 (Tex. May 16, 2025), the Supreme Court of...
Reining In Post‑Settlement Vacatur in Texas: Commentary on Megatel C90‑2, Inc. v. Bank of Utah

Reining In Post‑Settlement Vacatur in Texas: Commentary on Megatel C90‑2, Inc. v. Bank of Utah

Date: May 17, 2025
Reining In Post‑Settlement Vacatur in Texas: Commentary on Megatel C90‑2, Inc. v. Bank of Utah I. Introduction The concurring opinion by Justice James P. Sullivan in Megatel C90‑2, Inc., et al. v....
“Producing” Evidence Under Rule 166a(i): Nonmovants May Rely on Previously Filed Evidence in No‑Evidence Summary Judgment Practice

“Producing” Evidence Under Rule 166a(i): Nonmovants May Rely on Previously Filed Evidence in No‑Evidence Summary Judgment Practice

Date: May 17, 2025
“Producing” Evidence Under Rule 166a(i): Nonmovants May Rely on Previously Filed Evidence in No‑Evidence Summary Judgment Practice Introduction In The State of Texas v. $3,774.28, $10,176.01,...
Water Quality “As a Whole,” Not Parameter-by-Parameter: The Texas Supreme Court Clarifies Tier 2 Antidegradation Review and APA Fact‑Finding in Save Our Springs Alliance v. TCEQ

Water Quality “As a Whole,” Not Parameter-by-Parameter: The Texas Supreme Court Clarifies Tier 2 Antidegradation Review and APA Fact‑Finding in Save Our Springs Alliance v. TCEQ

Date: May 15, 2025
Water Quality “As a Whole,” Not Parameter-by-Parameter: The Texas Supreme Court Clarifies Tier 2 Antidegradation Review and APA Fact‑Finding in Save Our Springs Alliance v. TCEQ I. Introduction The...
Whole‑Water Antidegradation Review and Limited APA Fact‑Finding: Commentary on Save Our Springs Alliance, Inc. v. TCEQ & City of Dripping Springs

Whole‑Water Antidegradation Review and Limited APA Fact‑Finding: Commentary on Save Our Springs Alliance, Inc. v. TCEQ & City of Dripping Springs

Date: May 13, 2025
Whole‑Water Antidegradation Review and Limited APA Fact‑Finding: Commentary on Save Our Springs Alliance, Inc. v. TCEQ & City of Dripping Springs I. Introduction This decision from the Supreme Court...

      Territorial Limits on Texas Civil Barratry Claims: The Supreme Court’s Focus-Based Approach in Pohl v. Cheatham and Justice Busby’s Dissent

Territorial Limits on Texas Civil Barratry Claims: The Supreme Court’s Focus-Based Approach in Pohl v. Cheatham and Justice Busby’s Dissent

Date: May 12, 2025
Territorial Limits on Texas Civil Barratry Claims: The Supreme Court’s Focus-Based Approach in Pohl v. Cheatham and Justice Busby’s Dissent I. Introduction Michael A. Pohl, et al. v. Mark Kentrell...
Roxo v. Baxsto and the Limits of Reliance on Oral “No‑Flip” and Bonus Promises in Texas Oil-and-Gas Deals

Roxo v. Baxsto and the Limits of Reliance on Oral “No‑Flip” and Bonus Promises in Texas Oil-and-Gas Deals

Date: May 10, 2025
Roxo v. Baxsto: Texas Supreme Court Further Restricts Fraud Claims Based on Oral “No‑Flip,” Bonus, and Recording Promises Contrary to Oil-and-Gas Leases I. Introduction In Roxo Energy Company, LLC;...
Texas Supreme Court Narrows TCPA “Legal Action”: Discovery Motions for Sanctions Are Outside the Statute

Texas Supreme Court Narrows TCPA “Legal Action”: Discovery Motions for Sanctions Are Outside the Statute

Date: May 10, 2025
Texas Supreme Court Narrows TCPA “Legal Action”: Discovery Motions for Sanctions Are Outside the Statute I. Introduction In Sadok Ferchichi and Martina Coronado v. Whataburger Restaurants LLC and...
Limitations, Notice, and Equity in Collateral Attacks on Tax Foreclosure Sales: 
    Thompson v. Landry (Tex. 2025)

Limitations, Notice, and Equity in Collateral Attacks on Tax Foreclosure Sales: Thompson v. Landry (Tex. 2025)

Date: May 10, 2025
Limitations, Notice, and Equitable Defenses in Collateral Attacks on Tax Foreclosure Sales: A Commentary on Cindy Thompson v. Mae Landry, Supreme Court of Texas (May 9, 2025) I. Introduction This...
Private Employers, Off-Duty Police, and Vicarious Liability: 
         Justice Busby’s Framing of an Open Question in Texas Law

Private Employers, Off-Duty Police, and Vicarious Liability: Justice Busby’s Framing of an Open Question in Texas Law

Date: May 10, 2025
Private Employers, Off-Duty Police, and Vicarious Liability: Justice Busby’s Framing of an Open Question in Texas Law I. Introduction The concurring opinion by Justice Brett Busby in Chad Seward,...
Discovery Motions and Sanctions Requests Are Not “Legal Actions” Under the Texas Citizens Participation Act

Discovery Motions and Sanctions Requests Are Not “Legal Actions” Under the Texas Citizens Participation Act

Date: May 10, 2025
Discovery Motions and Sanctions Requests Are Not “Legal Actions” Under the Texas Citizens Participation Act I. Introduction The Supreme Court of Texas’s consolidated decision in Sadok Ferchichi &...
Actual Knowledge Means Subjective Awareness: Email Notice and Deadline Extensions Under Texas Rule 306a After Red Bluff, LLC v. Tarpley

Actual Knowledge Means Subjective Awareness: Email Notice and Deadline Extensions Under Texas Rule 306a After Red Bluff, LLC v. Tarpley

Date: May 10, 2025
Actual Knowledge Means Subjective Awareness: Email Notice and Deadline Extensions Under Texas Rule 306a After Red Bluff, LLC v. Tarpley I. Introduction The Supreme Court of Texas’s per curiam...
Legislative Self‑Help Before Constitutional Adjudication: The ETJ Opt‑Out Regime in Elliott v. City of College Station

Legislative Self‑Help Before Constitutional Adjudication: The ETJ Opt‑Out Regime in Elliott v. City of College Station

Date: May 10, 2025
Legislative Self‑Help Before Constitutional Adjudication: The ETJ Opt‑Out Regime in Elliott v. City of College Station I. Introduction The Supreme Court of Texas’s decision in Shana Elliott and...
Pohl v. Cheatham and the Territorial Reach of Texas’s Civil Barratry Statute

Pohl v. Cheatham and the Territorial Reach of Texas’s Civil Barratry Statute

Date: May 10, 2025
Pohl v. Cheatham and the Territorial Reach of Texas’s Civil Barratry Statute I. Introduction The Supreme Court of Texas’s decision in Michael A. Pohl v. Mark Kentrell Cheatham, Sr., No. 23‑0045 (May...
Huynh v. Blanchard and the Limits of Nuisance Injunctions: Narrow Tailoring and Deference to Texas’s Poultry-Odor Regulatory Regime

Huynh v. Blanchard and the Limits of Nuisance Injunctions: Narrow Tailoring and Deference to Texas’s Poultry-Odor Regulatory Regime

Date: May 8, 2025
Huynh v. Blanchard and the Limits of Nuisance Injunctions: Narrow Tailoring and Deference to Texas’s Poultry-Odor Regulatory Regime I. Introduction This commentary analyzes Justice Rebeca Huddle’s...
Due Process Limits on Long-Term Parent–Child No‑Contact Protective Orders: Commentary on Stary v. Ethridge

Due Process Limits on Long-Term Parent–Child No‑Contact Protective Orders: Commentary on Stary v. Ethridge

Date: May 3, 2025
Due Process Limits on Long-Term Parent–Child No‑Contact Protective Orders: Commentary on Stary v. Ethridge I. Introduction The Supreme Court of Texas’s decision in Christine Lenore Stary v. Brady...
No Franchisor Duty Without Control Over Injury‑Causing Hiring Decisions: Commentary on Massage Heights Franchising, LLC v. Hagman

No Franchisor Duty Without Control Over Injury‑Causing Hiring Decisions: Commentary on Massage Heights Franchising, LLC v. Hagman

Date: May 3, 2025
No Franchisor Duty Without Control Over Injury‑Causing Hiring Decisions: A Commentary on Massage Heights Franchising, LLC v. Hagman I. Introduction In Massage Heights Franchising, LLC v. Hagman, the...

      Affirmative Municipal Misdirection and Equitable Estoppel in Zoning:
      A Commentary on PDT Holdings, Inc. v. City of Dallas

Affirmative Municipal Misdirection and Equitable Estoppel in Zoning: A Commentary on PDT Holdings, Inc. v. City of Dallas

Date: May 3, 2025
Affirmative Municipal Misdirection and Equitable Estoppel in Zoning: Commentary on PDT Holdings, Inc. v. City of Dallas I. Introduction In PDT Holdings, Inc., and Phillip Thompson Homes, Inc. d/b/a...
Reaffirming the “Could Have Believed” Good‑Faith Standard for Police Official Immunity: Commentary on City of Mesquite v. Wagner

Reaffirming the “Could Have Believed” Good‑Faith Standard for Police Official Immunity: Commentary on City of Mesquite v. Wagner

Date: May 3, 2025
Reaffirming the “Could Have Believed” Good‑Faith Standard for Police Official Immunity: Commentary on The City of Mesquite, Texas v. Anthony Wagner I. Introduction In The City of Mesquite, Texas v....
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