Texas Case Commentaries

Extending Plenary Power through Post-Judgment Sanctions Motions under Rule 329b(g)

Date: Jan 7, 2000

Extending Plenary Power through Post-Judgment Sanctions Motions under Rule 329b(g) Introduction In the landmark case of Lane Bank Equipment Co. v. Smith Southern Equipment, Inc. (10 S.W.3d 308,...

Premises Owner Liability for Independent Contractor Safety: Insights from Koch Refining Co. v. Chapa

Date: Dec 17, 1999

Premises Owner Liability for Independent Contractor Safety: Insights from Koch Refining Co. v. Chapa Introduction Koch Refining Company v. Chapa, 11 S.W.3d 153 (1999), is a pivotal case decided by...

Texas Supreme Court Recognizes Indirect Taxpayers' Right to Seek Tax Refunds Without Assignment

Date: Dec 10, 1999

Texas Supreme Court Recognizes Indirect Taxpayers' Right to Seek Tax Refunds Without Assignment Introduction In the landmark case of Fleming Foods of Texas, Inc. v. Carole Keeton Rylander,...

Establishing Due Diligence Standards in Bill of Review: Wembley Investment Co. v. Rosaura Herrera

Date: Dec 3, 1999

Establishing Due Diligence Standards in Bill of Review: Wembley Investment Co. v. Rosaura Herrera Introduction In the landmark case of Wembley Investment Company v. Rosaura Herrera, the Supreme Court...

Enforcing Arbitration Provisions Under the Federal Arbitration Act: Analysis of In re L L Kempwood Associates, L.P. v. Omega Builders, Inc.

Date: Dec 3, 1999

Enforcing Arbitration Provisions Under the Federal Arbitration Act: Analysis of In re L L Kempwood Associates, L.P. v. Omega Builders, Inc. Introduction The case of In re L L Kempwood Associates,...

El Paso Natural Gas Co. v. Minco Oil Gas, Inc. & Doornbos Trustee: Enforceability of Final Releases Under the UCC

Date: Nov 19, 1999

El Paso Natural Gas Co. v. Minco Oil Gas, Inc. & Doornbos Trustee: Enforceability of Final Releases Under the UCC Introduction The Supreme Court of Texas, in El Paso Natural Gas Co. v. Minco Oil Gas,...

Reaffirming the Subjective Component in Gross Negligence: Louisiana-Pacific Corp. v. Andrade

Date: Oct 22, 1999

Reaffirming the Subjective Component in Gross Negligence: Louisiana-Pacific Corp. v. Andrade Introduction In the landmark case of Louisiana-Pacific Corporation, as successor to Kirby Forest...

Rule 28 Does Not Toll Statute of Limitations Under Section 10.01 in Texas Medical Malpractice Cases

Date: Oct 22, 1999

Rule 28 Does Not Toll Statute of Limitations Under Section 10.01 in Texas Medical Malpractice Cases Introduction The Supreme Court of Texas, in the landmark case of Peter Chilkewitz v. Morton I....

Limits on Ineffective Assistance Claims on Direct Appeal: Thompson v. Texas

Date: Oct 14, 1999

Limits on Ineffective Assistance Claims on Direct Appeal: Thompson v. Texas Introduction Marcus Bernard Thompson appealed his conviction for the murder of Michael Wagner to the Court of Criminal...

Limits on Retroactive Application of Statutes of Limitations in Trade Secret Misappropriation: BAKER HUGHES v. KECO R. D., INC.

Date: Oct 8, 1999

Limits on Retroactive Application of Statutes of Limitations in Trade Secret Misappropriation: BAKER HUGHES v. KECO R. D., INC. Introduction The case of BAKER HUGHES, INC. ENVIROTECH CONTROLS, INC....

Supreme Court of Texas Validates Save Our Springs Ordinance: Upholding Judicial Deference in Water Pollution Control

Date: Oct 1, 1999

Supreme Court of Texas Validates Save Our Springs Ordinance: Upholding Judicial Deference in Water Pollution Control Introduction In the landmark case of Jerry J. Quick et al. v. City of Austin, the...

No Duty Owed by Landowner for Unforeseen Third-Party Criminal Acts: Mellon Mortgage Co. v. Holder

Date: Sep 10, 1999

No Duty Owed by Landowner for Unforeseen Third-Party Criminal Acts: Mellon Mortgage Co. v. Holder Introduction In the landmark case of Mellon Mortgage Company v. Holder, decided by the Supreme Court...

Revesting of Jurisdiction Triggers Recommencement of Appellate Timetable: Quaestor Investments v. State of Chiapas

Date: Aug 27, 1999

Revesting of Jurisdiction Triggers Recommencement of Appellate Timetable: Quaestor Investments v. State of Chiapas Introduction The case of Quaestor Investments, Inc. v. State of Chiapas (997 S.W.2d...

Establishing Liability for Defective Product Design: Child Misuse of Adult-Intended Products

Date: Aug 27, 1999

Establishing Liability for Defective Product Design: Child Misuse of Adult-Intended Products Introduction The case of Gloria Marie Hernandez, as next friend of Ruben Richard Emeterio, a minor,...

Preservation of Right to Appeal under Virtual Representation Doctrine: Texas Department of Transportation v. EPIADA

Date: Aug 27, 1999

Preservation of Right to Appeal under Virtual Representation Doctrine: Texas Department of Transportation v. EPIADA Introduction The case of Motor Vehicle Board of the Texas Department of...

Texas Supreme Court Establishes Rigorous Standards for Venue Joinder under Section 15.003

Date: Jul 2, 1999

Texas Supreme Court Establishes Rigorous Standards for Venue Joinder under Section 15.003 Introduction In the landmark case of Surgitek, Bristol-Myers Corporation, and Medical Engineering Corporation...

Attorney's Fees Not Recoverable in Article 8307c Worker’s Compensation Discrimination Cases: Holland v. Wal-Mart Stores, Inc.

Date: Jul 2, 1999

Attorney's Fees Not Recoverable in Article 8307c Worker’s Compensation Discrimination Cases: Holland v. Wal-Mart Stores, Inc. Introduction In the landmark case of Bettie Jo Holland v. Wal-Mart...

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Texas Case Commentaries

Extending Plenary Power through Post-Judgment Sanctions Motions under Rule 329b(g)

Premises Owner Liability for Independent Contractor Safety: Insights from Koch Refining Co. v. Chapa

Texas Supreme Court Recognizes Indirect Taxpayers' Right to Seek Tax Refunds Without Assignment

Establishing Due Diligence Standards in Bill of Review: Wembley Investment Co. v. Rosaura Herrera

Enforcing Arbitration Provisions Under the Federal Arbitration Act: Analysis of In re L L Kempwood Associates, L.P. v. Omega Builders, Inc.

El Paso Natural Gas Co. v. Minco Oil Gas, Inc. & Doornbos Trustee: Enforceability of Final Releases Under the UCC

Reaffirming the Subjective Component in Gross Negligence: Louisiana-Pacific Corp. v. Andrade

Rule 28 Does Not Toll Statute of Limitations Under Section 10.01 in Texas Medical Malpractice Cases

Limits on Ineffective Assistance Claims on Direct Appeal: Thompson v. Texas

Limits on Retroactive Application of Statutes of Limitations in Trade Secret Misappropriation: BAKER HUGHES v. KECO R. D., INC.

Supreme Court of Texas Validates Save Our Springs Ordinance: Upholding Judicial Deference in Water Pollution Control

No Duty Owed by Landowner for Unforeseen Third-Party Criminal Acts: Mellon Mortgage Co. v. Holder

Revesting of Jurisdiction Triggers Recommencement of Appellate Timetable: Quaestor Investments v. State of Chiapas

Establishing Liability for Defective Product Design: Child Misuse of Adult-Intended Products

Preservation of Right to Appeal under Virtual Representation Doctrine: Texas Department of Transportation v. EPIADA

Texas Supreme Court Establishes Rigorous Standards for Venue Joinder under Section 15.003

Attorney's Fees Not Recoverable in Article 8307c Worker’s Compensation Discrimination Cases: Holland v. Wal-Mart Stores, Inc.

Limitation Periods in Medical Malpractice and Fraudulent Concealment: Insights from Earle v. Ratliff

Fee Forfeiture in Fiduciary Breach: The Da v. Burrow Decision

Texas Supreme Court Establishes Voter Standing in Ballot Proposition injunctions