Apparent Authority in Mortgage Transactions: Insights from GAINES v. KELLY Introduction The landmark case of Russell GAINES and Southwest Guaranty Mortgage Corp., Petitioners, v. Roger KELLY,...
Clarifying Arbitration Agreements: Binding Employees and Exempting Affiliates Introduction The case of IN RE MERRILL LYNCH TRUST Company FSB, Merrill Lynch Life Insurance Company, and Henry Medina,...
Clarifying Employer Liability for Independent Contractors: CENTRAL READY MIX Concrete Co. v. Islas Introduction The case of CENTRAL READY MIX CONCRETE COMPANY, INC. v. Luciano ISLAS (228 S.W.3d 649)...
Church Autonomy and First Amendment Protections in Tort Litigation: Analysis of Westbrook v. Penley Introduction The case of C.L. Westbrook, Jr. v. Peggy Lee Penley (231 S.W.3d 389, Supreme Court of...
Reinforcing Sovereign Immunity: Texas Supreme Court Upholds Recreational Use Statute in SFA v. Flynn Introduction The case of Stephen F. Austin State University (SFA) v. Diane Flynn, decided by the...
Texas Supreme Court Establishes Contractual Subrogation Supersedes Equitable "Made Whole" Doctrine in FORTIS BENEFITS v. CANTU Introduction The case of Fortis Benefits, Petitioner, v. Vanessa Cantu...
Constructive Knowledge as a Prerequisite for Unreasonably Dangerous Conditions in Premises Liability: Brookshire v. Taylor (2007) Introduction In the case of BROOKSHIRE GROCERY COMPANY, d/b/a...
Admissibility of Superseded Pleadings in Medical Malpractice Cases: Insights from BAY AREA HEALTHCARE GROUP, LTD. v. McShane Introduction The Supreme Court of Texas, in the 2007 case BAY AREA...
Substantial-Factor Causation in Asbestos Litigation: Insights from BORG-WARNER v. Flores Introduction The legal landscape surrounding asbestos litigation has been notably shaped by numerous judicial...
Public Utility Commission's Primary Jurisdiction Affirmed in Southwestern Bell Telephone Company v. Supreme Court of Texas Introduction The case of In re Southwestern Bell Telephone Company, L.P.,...
Res Judicata in Regulatory Takings: Comprehensive Review of Hallco Texas, Inc. v. McMullen County Introduction The case of Hallco Texas, Inc. v. McMullen County (221 S.W.3d 50) addresses significant...
Proportionate Responsibility Applied to Dram Shop Liability: Reconciling the Alcoholic Beverage Code and Chapter 33 in Texas Introduction The case of F.F.P. Operating Partners, L.P., d/b/a Mr. Cut...
Protecting Prosecutorial Work Product: Insights from In Re Bexar County Criminal District Attorney's Office 1. Introduction The Supreme Court of Texas, in its 2007 decision of In Re Bexar County...
Equistar Chemicals, L.P. v. Dresser-Rand Company: Clarifying the Economic Loss Rule Preservation Introduction The case of Equistar Chemicals, L.P. v. Dresser-Rand Company, decided on May 4, 2007, by...
Expert-Disclosure Overrides Snap-Back Privilege in In re CHRISTUS SPOHN HOSPITAL KLEBERG Introduction In the landmark case of In re CHRISTUS SPOHN HOSPITAL KLEBERG, decided by the Supreme Court of...
Reaffirmation of Standing Requirements for Third-Party Beneficiaries: South Texas Water Authority v. Lomas Introduction The case of South Texas Water Authority a/k/a South Texas Water Authority...
Reinforcing Chapter 10 Standards: Low v. Henry Sets Precedent on Pleading Requirements Introduction The Supreme Court of Texas, in the landmark case of Robert Low, D.O. and Stephen Smith, M.D.,...
Probate Code § 69(a): Limiting Application to Provisions Favoring Former Spouses Introduction The case In re Estate of Marvin Nash, Deceased, decided by the Supreme Court of Texas in 2007, addresses...
Establishing Boundaries of Specific Jurisdiction: Insights from IRA Resources, Inc. v. Griego Introduction The case of IRA Resources, Inc. v. Enrique Juan Griego and Sonya Griego (221 S.W.3d 592,...
State's Immunity from Takings Claims in Contractual Use of Patented Technologies: State v. Holland Introduction In the landmark case of State of Texas v. Herbert W. Holland, 221 S.W.3d 639 (Tex....