Texas Case Commentaries

Establishing Comparative Responsibility in Strict Products Liability: General Motors v. Sanchez

Date: Jul 2, 1999

Establishing Comparative Responsibility in Strict Products Liability: General Motors v. Sanchez Introduction In the landmark case of GENERAL MOTORS CORPORATION and Lawrence Marshall Chevrolet...

GTE Southwest v. Bruce: Affirming Employer Liability for Intentional Infliction of Emotional Distress under Texas Workers' Compensation Act

Date: Jul 2, 1999

GTE Southwest v. Bruce: Affirming Employer Liability for Intentional Infliction of Emotional Distress under Texas Workers' Compensation Act Introduction In the landmark case of GTE Southwest,...

Clarity in Easement Agreements: Texas Supreme Court Affirms Utility Company's Right to Remove Trees

Date: Jul 2, 1999

Clarity in Easement Agreements: Texas Supreme Court Affirms Utility Company's Right to Remove Trees Introduction The case of DeWITT COUNTY ELECTRIC COOPERATIVE, INC. v. Daniel S. PARKS and Suzanne...

Union Pacific Railroad v. Texas Supreme Court: Clarifying Principal Office and Mandatory Venue under FELA

Date: Jul 2, 1999

Union Pacific Railroad v. Texas Supreme Court: Clarifying Principal Office and Mandatory Venue under FELA Introduction The case of In re Missouri Pacific Railroad Company, d/b/a Union Pacific...

Expansion of Indemnity Rights under Texas Civil Practice and Remedies Code § 82.002

Date: Jul 2, 1999

Expansion of Indemnity Rights under Texas Civil Practice and Remedies Code § 82.002 Introduction The landmark case of Ken Fitzgerald, d/b/a Performance Orthopaedics, Appellant, v. Advanced Spine...

Expanding Employer Liability: Understanding Sibley Standing under Texas Labor Code § 21.055

Date: Jul 2, 1999

Expanding Employer Liability: Understanding Sibley Standing under Texas Labor Code § 21.055 Introduction The Supreme Court of Texas, in the landmark case of NME HOSPITALS, INC. d/b/a SIERRA MEDICAL...

Burden of Proof in Summary Judgment: Rhône-Poulenc v. Kenda Steel

Date: Jul 2, 1999

Burden of Proof in Summary Judgment: Rhône-Poulenc v. Kenda Steel Introduction The case of Rhône-Poulenc, Inc. v. Kenda Steel, adjudicated by the Supreme Court of Texas in 1999, addresses critical...

Texas Supreme Court Establishes Modified De Novo Review for Impairment Rating Finality under Rule 130.5(e)

Date: Jul 2, 1999

Texas Supreme Court Establishes Modified De Novo Review for Impairment Rating Finality under Rule 130.5(e) Introduction In the case of Rosa Rodriguez v. Service Lloyds Insurance Company, the Supreme...

Supreme Court of Texas Upholds Constitutionality of Borrowing Statutes in Asbestos Litigation

Date: Jul 2, 1999

Supreme Court of Texas Upholds Constitutionality of Borrowing Statutes in Asbestos Litigation Introduction In the landmark case of Owens Corning, et al., Appellants, v. Hilliard Carter, Appellee, the...

No Duty to Warn: Texas Supreme Court Sets New Precedent in Mental-Health Negligence

Date: Jun 25, 1999

No Duty to Warn: Texas Supreme Court Sets New Precedent in Mental-Health Negligence Introduction The case of Renu K. Thapar, M.D., Petitioner v. Lyndall Zezulka, Respondent, decided by the Supreme...

Dalrymple v. Dalrymple: Refining the Standard for Emotional Distress in Employment Termination

Date: Jun 25, 1999

Dalrymple v. Dalrymple: Refining the Standard for Emotional Distress in Employment Termination Introduction F. J. Brewerton, Jerry Prock, and Gilberto de los Santos, Petitioners v. Brent Dalrymple...

Ingersoll-Rand Co. v. Valero Energy Corp.: Defining the Accrual of Indemnity Claims in Compulsory Counterclaims

Date: Jun 25, 1999

Ingersoll-Rand Co. v. Valero Energy Corp.: Defining the Accrual of Indemnity Claims in Compulsory Counterclaims Introduction The case of Ingersoll-Rand Company, et al. v. Valero Energy Corporation,...

Mitigation of Damages in DTPA Cases: Gunn Infiniti, Inc. v. Donald O'Byrne

Date: Jun 25, 1999

Mitigation of Damages in DTPA Cases: Gunn Infiniti, Inc. v. Donald O'Byrne Introduction The case of Gunn Infiniti, Inc. v. Donald O'Byrne, decided by the Supreme Court of Texas on June 24, 1999,...

Mandamus Relief in Venue Transfer Cases under Exceptional Circumstances: In re Masonite Corp.

Date: Jun 18, 1999

Mandamus Relief in Venue Transfer Cases under Exceptional Circumstances: In re Masonite Corp. Introduction The case In re MASONITE CORP., Abitibi-Price Corp., and MG Building Materials, Inc. (997...

Good Faith Pooling and Drainage Liability: Insights from Southeastern Pipeline Co. v. Tichacek

Date: Jun 11, 1999

Good Faith Pooling and Drainage Liability: Insights from Southeastern Pipeline Co. v. Tichacek Introduction Southeastern Pipe Line Company, Inc., Trustee, et al. v. Frances Tichacek, et al. is a...

Kirby v. Read: Establishing Duty of Care for Companies Exercising Retained Control Over Independent Contractors

Date: Jun 11, 1999

Kirby v. Read: Establishing Duty of Care for Companies Exercising Retained Control Over Independent Contractors Introduction Kirby v. Read is a pivotal case decided by the Supreme Court of Texas on...

Unified Defect Determination in Products Liability: Texas Supreme Court's Decision in Hyundai Motor Co. v. Rodriguez

Date: Jun 11, 1999

Unified Defect Determination in Products Liability: Texas Supreme Court's Decision in Hyundai Motor Co. v. Rodriguez Introduction In the landmark case of Hyundai Motor Company, Hyundai Motor America,...

Supreme Court of Texas Establishes Superseding Cause in Negligence Claims Involving Third-Party Criminal Acts

Date: Jun 11, 1999

Supreme Court of Texas Establishes Superseding Cause in Negligence Claims Involving Third-Party Criminal Acts Introduction The case of Phan Son Van, individually and d/b/a P-One Food Store vs. Adolfo...

Proper DTPA Notice Requirements and Restrictions on Discovery Bifurcation in Class-Action Litigation - In re Alford Chevrolet-GEO

Date: Jun 11, 1999

Proper DTPA Notice Requirements and Restrictions on Discovery Bifurcation in Class-Action Litigation - In re Alford Chevrolet-GEO Introduction In re ALFORD CHEVROLET-GEO, et al., Relators. (997...

Third-Party Beneficiary Constraints in Contract Law: Insights from MCI Telecommunications Corp. v. Texas Utilities Electric Co.

Date: May 28, 1999

Third-Party Beneficiary Constraints in Contract Law: Insights from MCI Telecommunications Corp. v. Texas Utilities Electric Co. Introduction The case of MCI Telecommunications Corporation v. Texas...

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