Texas Case Commentaries

Notice-Prejudice Rule in Insurance Coverage: Insurer Cannot Deny Coverage for Untimely Notice Without Prejudice

Date: Jan 12, 2008

Notice-Prejudice Rule in Insurance Coverage: Insurer Cannot Deny Coverage for Untimely Notice Without Prejudice Introduction The Supreme Court of Texas, in PAJ, Inc. d/b/a Prime Art Jewel v. The...

Limitations on Successive Motions for New Trial Under Texas Rule 329b: In re BROOKSHIRE GROCERY COMPANY

Date: Jan 5, 2008

Limitations on Successive Motions for New Trial Under Texas Rule 329b: In re BROOKSHIRE GROCERY COMPANY Introduction In re BROOKSHIRE GROCERY COMPANY, Relator. (250 S.W.3d 66) is a pivotal judgment...

Enhanced Legal Standards for Manufacturing Defects and Producing Cause in Product Liability Cases: FORD MOTOR CO. v. LEDESMA

Date: Dec 22, 2007

Enhanced Legal Standards for Manufacturing Defects and Producing Cause in Product Liability Cases: FORD MOTOR CO. v. LEDESMA Introduction In the landmark case of Ford Motor Company v. Tiburcio...

Final Judicial Review Denied: Supreme Court of Texas Limits Judicial Oversight of Pension Board Decisions

Date: Dec 1, 2007

Final Judicial Review Denied: Supreme Court of Texas Limits Judicial Oversight of Pension Board Decisions Introduction The case of Houston Municipal Employees Pension System (HMEPS) v. Craig E....

Supreme Court of Texas Limits Employer Liability under Respondeat Superior and Negligent Entrustment: Goodyear Tire Co. v. Patrick Mayes

Date: Dec 1, 2007

Supreme Court of Texas Limits Employer Liability under Respondeat Superior and Negligent Entrustment: Goodyear Tire Co. v. Patrick Mayes Introduction Goodyear Tire and Rubber Company v. Patrick Mayes...

Interlocutory Appeal Limitations in Health Care Liability Claims: Ogletree v. Matthews

Date: Dec 1, 2007

Interlocutory Appeal Limitations in Health Care Liability Claims: Ogletree v. Matthews Introduction Ogletree v. Matthews (262 S.W.3d 316) is a landmark decision by the Supreme Court of Texas that...

Texas Supreme Court Allows Separate Recoupment of Authority Fees by Insurers Under Article 21.35B

Date: Dec 1, 2007

Texas Supreme Court Allows Separate Recoupment of Authority Fees by Insurers Under Article 21.35B Introduction In the landmark case of Mid-Century Insurance Company of Texas and Texas Farmers...

Limits of Trial Court Discretion in Forum Non Conveniens: Insights from In re PIRELLI TIRE, L.L.C.

Date: Nov 3, 2007

Limits of Trial Court Discretion in Forum Non Conveniens: Insights from In re PIRELLI TIRE, L.L.C. Introduction In re PIRELLI TIRE, L.L.C., Relator (247 S.W.3d 670) is a pivotal case decided by the...

Statute of Limitations Applied to Quiet Title Actions in Fraudulent Real Estate Easement Disputes: Ford v. ExxonMobil

Date: Nov 3, 2007

Statute of Limitations Applied to Quiet Title Actions in Fraudulent Real Estate Easement Disputes: Ford v. ExxonMobil Introduction The case of Robert F. Ford, Jr. v. ExxonMobil Chemical Company...

Open Courts Guarantee Upheld in Application of Two-Year Statute of Limitations for Healthcare Liability Claims

Date: Oct 20, 2007

Open Courts Guarantee Upheld in Application of Two-Year Statute of Limitations for Healthcare Liability Claims Introduction In the landmark case Eula Yancy, as Guardian of the Person and the Estate...

Texas Supreme Court Establishes No Reimbursement Duty Between Co-Primary Insurers with Pro Rata Clauses in Liberty Mutual v. Mid-Continent

Date: Oct 13, 2007

No Reimbursement Duty Between Co-Primary Insurers: Liberty Mutual v. Mid-Continent Introduction The case of Mid-Continent Insurance Company v. Liberty Mutual Insurance Company (236 S.W.3d 765) serves...

Reaffirming the Sufficiency of Cumulative Circumstantial Evidence: CLAYTON v. STATE

Date: Oct 11, 2007

Reaffirming the Sufficiency of Cumulative Circumstantial Evidence: CLAYTON v. STATE Introduction CLAYTON v. STATE, 235 S.W.3d 772 (Cot.Crim.App. Tex. 2007), presents a pivotal examination of the...

Supreme Court of Texas Sets Precedent on Fiduciary Duties of Third-Party Administrators in Insurance Contracts

Date: Sep 29, 2007

Supreme Court of Texas Sets Precedent on Fiduciary Duties of Third-Party Administrators in Insurance Contracts Introduction In the landmark case of National Plan Administrators, Inc. and CRS...

Supreme Court of Texas Establishes Strict Limitations on Sovereign Immunity Appeals

Date: Sep 8, 2007

Supreme Court of Texas Establishes Strict Limitations on Sovereign Immunity Appeals Introduction The case of TEXAS A M UNIVERSITY SYSTEM, Texas Engineering Experiment Station, and Dr. Mark McLellan,...

PUC's Exclusive Jurisdiction Over TUSF Surcharge Disputes Affirmed by Texas Supreme Court

Date: Sep 1, 2007

PUC's Exclusive Jurisdiction Over TUSF Surcharge Disputes Affirmed by Texas Supreme Court Introduction The case of IN RE SOUTHWESTERN BELL TELEPHONE COMPANY, L.P., Relator. (235 S.W.3d 619)...

Expansion of CGL Duty to Defend in Defective Construction Claims: Lamar Homes, Inc. v. Mid-Continent Casualty Company

Date: Sep 1, 2007

Expansion of CGL Duty to Defend in Defective Construction Claims: Lamar Homes, Inc. v. Mid-Continent Casualty Company Introduction The legal landscape surrounding Commercial General Liability (CGL)...

Texas Supreme Court Clarifies Limits on General Jurisdiction Over Subsidiary Corporations: Minden Medical Center Case

Date: Sep 1, 2007

Texas Supreme Court Clarifies Limits on General Jurisdiction Over Subsidiary Corporations: Minden Medical Center Case Introduction In the landmark case of PHC-MINDEN, L.P. d/b/a Minden Medical Center...

Enhancing Due Diligence Standards in Service of Process: Insights from PROULX v. WELLS

Date: Sep 1, 2007

Enhancing Due Diligence Standards in Service of Process: Insights from PROULX v. WELLS Introduction The Supreme Court of Texas, in the landmark case of Denis Proulx v. Michael A. Wells, 235 S.W.3d...

Expansion of CGL Coverage for Construction Defects: Lamar Homes v. Mid-Continent Casualty Company

Date: Sep 1, 2007

Expansion of CGL Coverage for Construction Defects: Lamar Homes v. Mid-Continent Casualty Company Introduction In the landmark case of Lamar Homes, Inc. v. Mid-Continent Casualty Company, the Supreme...

Expert Medical Evidence Mandated for Causation in High-Cost Automobile Accident Claims: Guevara v. Ferrer

Date: Sep 1, 2007

Expert Medical Evidence Mandated for Causation in High-Cost Automobile Accident Claims: Guevara v. Ferrer Introduction Noemi Guevara v. Corazon Labao Ferrer is a significant case adjudicated by the...