Texas Case Commentaries

Reaffirmation of the Statute of Frauds in Employment Contracts: Baylor University v. Sonnichsen

Date: Apr 21, 2007

Reaffirmation of the Statute of Frauds in Employment Contracts: Baylor University v. Sonnichsen Introduction Baylor University v. Sonnichsen (221 S.W.3d 632) is a landmark decision by the Supreme...

Step-Grandparents Lack Standing for Court-Ordered Access: In re Ricky DERZAPF

Date: Mar 24, 2007

Step-Grandparents Lack Standing for Court-Ordered Access: In re Ricky DERZAPF 1. Introduction The case of In re Ricky DERZAPF, decided by the Supreme Court of Texas on March 23, 2007, addresses the...

Decertifying Worldwide Class Actions: Texas Supreme Court Clarifies Requirements under Rule 42 and Res Judicata in Citizens Insurance v. Daccach (2007)

Date: Mar 3, 2007

Decertifying Worldwide Class Actions: Texas Supreme Court Clarifies Requirements under Rule 42 and Res Judicata in Citizens Insurance v. Daccach (2007) Introduction CITIZENS INSURANCE COMPANY OF...

State's Inability to Sue Cities Without Legislative Waiver of Immunity

Date: Mar 3, 2007

State's Inability to Sue Cities Without Legislative Waiver of Immunity Introduction The case of CITY OF GALVESTON v. STATE of Texas (217 S.W.3d 466) presents a significant examination of sovereign...

New Precedent on Specific Jurisdiction: Texas Supreme Court in MOKI MAC v. Drugg

Date: Mar 3, 2007

New Precedent on Specific Jurisdiction: Texas Supreme Court in MOKI MAC v. Drugg Introduction In the landmark case of MOKI MAC RIVER EXPEDITIONS, Petitioner, v. Charles DRUGG and Betsy Drugg, Indi,...

Texas Supreme Court Rules Boats Do Not Qualify as Homesteads Under Article XVI

Date: Feb 10, 2007

Texas Supreme Court Rules Boats Do Not Qualify as Homesteads Under Article XVI Introduction In the landmark case of Thomas Eugene Norris, Sr. and Karen Lynn Norris, Appellants, v. Johnny W. Thomas,...

Clarifying Legal Sufficiency Standards: Rejecting Inference Stacking in Hooper v. Texas

Date: Feb 1, 2007

Clarifying Legal Sufficiency Standards: Rejecting Inference Stacking in Hooper v. Texas Introduction The case of Reginald Lamont Hooper v. The State of Texas (214 S.W.3d 9) presents a pivotal moment...

Unavoidable Accident Instruction: Analysis of Bed, Bath Beyond, Inc. v. Rafael Urista

Date: Dec 30, 2006

Unavoidable Accident Instruction: Analysis of Bed, Bath Beyond, Inc. v. Rafael Urista Introduction In Bed, Bath Beyond, Inc. v. Rafael Urista, 211 S.W.3d 753 (Tex. 2006), the Supreme Court of Texas...

Immunity of Self-Insurance Funds: Texas Supreme Court Establishes Waiver Applicability under Section 271.152

Date: Dec 30, 2006

Immunity of Self-Insurance Funds: Texas Supreme Court Establishes Waiver Applicability under Section 271.152 Introduction The case of Ben Bolt-Palito Blanco Consolidated Independent School District...

Discovery Rule Inapplicability in Contract Breach Claims: VIA NET v. U.S. Deli

Date: Dec 23, 2006

Discovery Rule Inapplicability in Contract Breach Claims: VIA NET v. U.S. Deli Introduction The case VIA NET, U.S. Deli v. ry Systems, Houston, U.S. Deli (211 S.W.3d 310) adjudicated by the Supreme...

UIM Insurance Coverage of Prejudgment Interest Affirmed under Declining Principal Formula

Date: Dec 23, 2006

UIM Insurance Coverage of Prejudgment Interest Affirmed under Declining Principal Formula Introduction The case of Lilith Brainard, et al., Petitioners, v. Trinity Universal Insurance Company...

Exemplary Damages and Remedy Elections in Consumer Protection: Insights from Tony Gullo Motors I, L.P. v. Nury Chapa

Date: Dec 23, 2006

Exemplary Damages and Remedy Elections in Consumer Protection: Insights from Tony Gullo Motors I, L.P. v. Nury Chapa Introduction In the landmark case of Tony Gullo Motors I, L.P. and Brien Garcia,...

Texas Supreme Court Reinforces Equitable Estoppel to Enforce Arbitration Against Non-Parties

Date: Dec 23, 2006

Texas Supreme Court Reinforces Equitable Estoppel to Enforce Arbitration Against Non-Parties Introduction In the landmark case of Meyer Acquisition Corp., et al. v. WMCO-GP, LLC and Bullock Motor...

Timely Dismissal of SAPCRs and the Adequacy of Accelerated Appeals: Insights from In re TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

Date: Dec 16, 2006

Timely Dismissal of SAPCRs and the Adequacy of Accelerated Appeals: Insights from In re TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES Introduction In re TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE...

Setting Aside Default Judgments in Parental Termination: Insights from In the Interest of R.R. and S.J.S., Children

Date: Dec 2, 2006

Setting Aside Default Judgments in Parental Termination: Insights from In the Interest of R.R. and S.J.S., Children Introduction In the Interest of R.R. and S.J.S., Children (209 S.W.3d 112) is a...

Reaffirming Evidentiary Standards for Termination of Parental Rights under Texas Family Code Section 161.001(1)(Q)

Date: Dec 2, 2006

Reaffirming Evidentiary Standards for Termination of Parental Rights under Texas Family Code Section 161.001(1)(Q) Introduction The Supreme Court of Texas, in the landmark case In the Interest of...

Accrual of Statute of Limitations in Bailment Agreements and Its Implications on Attorney's Fees: Analysis of Emzy T. Barker, III and A v. Barker d/b/a Brushy Creek Brahman Center and Brushy Creek Custom Sires

Date: Dec 2, 2006

Accrual of Statute of Limitations in Bailment Agreements and Its Implications on Attorney's Fees: Analysis of Emzy T. Barker, III and A v. Barker d/b/a Brushy Creek Brahman Center and Brushy Creek...

Texas Supreme Court Rules on Premium Tax Liability for Surplus Lines Insurers

Date: Dec 2, 2006

Texas Supreme Court Rules on Premium Tax Liability for Surplus Lines Insurers Introduction The case of Lexington Insurance Company, Landmark Insurance Company, and American International Specialty...

Termination Fee Provisions in Contingent Fee Agreements: Insights from Hoover Slovacek LLP v. Walton

Date: Nov 4, 2006

Termination Fee Provisions in Contingent Fee Agreements: Insights from Hoover Slovacek LLP v. Walton Introduction The case of Hoover Slovacek LLP v. Walton, decided by the Supreme Court of Texas on...

Supreme Court of Texas Upholds Exclusion of Unreliable Expert Testimony: Mack Trucks, Inc. v. Tamez

Date: Oct 28, 2006

Supreme Court of Texas Upholds Exclusion of Unreliable Expert Testimony: Mack Trucks, Inc. v. Tamez Introduction Mack Trucks, Inc. v. Elizabeth Tamez et al., 206 S.W.3d 572 (Tex. 2006), is a pivotal...