Texas Case Commentaries

Suberu v. Kroger: Emphasizing Probable Cause in Malicious Prosecution under Texas Law

Date: May 6, 2006

Suberu v. Kroger: Emphasizing Probable Cause in Malicious Prosecution under Texas Law Introduction The case of Kroger Texas Limited Partnership and Robert Moody v. Theresa Suberu (216 S.W.3d 788)...

Exclusive Jurisdiction of Administrative Bodies in Employment Disputes: Analysis of THOMAS v. LONG

Date: Apr 22, 2006

Exclusive Jurisdiction of Administrative Bodies in Employment Disputes: Analysis of THOMAS v. LONG Introduction The case of Tommy Thomas, Sheriff of Harris County, Petitioner, v. Jeanne Long,...

Hyundai Motor Co. v. Vasquez: Upholding Trial Court Discretion in Voir Dire Practices

Date: Mar 11, 2006

Hyundai Motor Co. v. Vasquez: Upholding Trial Court Discretion in Voir Dire Practices Introduction Hyundai Motor Co. and Hyundai Motor America, Inc., Petitioners, appealed to the Supreme Court of...

Supreme Court of Texas Establishes Mootness Standards in Forcible Detainer Appeals

Date: Mar 4, 2006

Supreme Court of Texas Establishes Mootness Standards in Forcible Detainer Appeals Introduction The Supreme Court of Texas, in the case of Theresa MARSHALL v. HOUSING AUTHORITY of the City of San...

Enhancing Due Process in Default Judgments: Fidelity and Guaranty Insurance Co. v. Drewery Construction Co.

Date: Feb 25, 2006

Enhancing Due Process in Default Judgments: Fidelity and Guaranty Insurance Co. v. Drewery Construction Co. Introduction The case of Fidelity and Guaranty Insurance Company v. Drewery Construction...

Supreme Court of Texas Establishes Limits on Mandamus Relief for Defective Candidate Filings

Date: Feb 25, 2006

Supreme Court of Texas Establishes Limits on Mandamus Relief for Defective Candidate Filings In re The Honorable Karen ANGELINI, 186 S.W.3d 558 (Tex. 2006) Introduction In the case of In re The...

Texas Supreme Court Clarifies Standards for Evidence Sufficiency in Parental Termination Cases

Date: Dec 10, 2005

Texas Supreme Court Clarifies Standards for Evidence Sufficiency in Parental Termination Cases Introduction The case of In the Interest of J.P.B., a child. (180 S.W.3d 570) adjudicated by the Supreme...

Dallas County Community College District v. Bolton: Technology Fee Authorization Confirmed

Date: Dec 3, 2005

Dallas County Community College District v. Bolton: Technology Fee Authorization Confirmed Introduction In Dallas County Community College District v. Bolton, 185 S.W.3d 868 (Tex. 2005), the Supreme...

Texas Supreme Court Rules Local Property Taxes for School Funding Constitute Prohibited State Property Tax

Date: Nov 23, 2005

Texas Supreme Court Rules Local Property Taxes for School Funding Constitute Prohibited State Property Tax Introduction In a landmark decision rendered on November 22, 2005, the Supreme Court of...

Reaffirmation of the Voluntary-Payment Doctrine in Class Actions: BMG Direct Marketing, Inc. v. Patrick Peake

Date: Nov 19, 2005

Reaffirmation of the Voluntary-Payment Doctrine in Class Actions: BMG Direct Marketing, Inc. v. Patrick Peake Introduction In the landmark case BMG Direct Marketing, Inc. v. Patrick Peake, the...

Finality of County Court Decisions in Small Claims Appeals: Texas Supreme Court Precedent

Date: Nov 19, 2005

Finality of County Court Decisions in Small Claims Appeals: Texas Supreme Court Precedent Introduction The case of Yusuf Sultan, d/b/a U.S. Carpet and Floors v. Savio Mathew (178 S.W.3d 747)...

Affirmation of Conviction Through Proper Application of Anders Brief Procedures: Bledsoe v. Texas

Date: Nov 17, 2005

Affirmation of Conviction Through Proper Application of Anders Brief Procedures: Bledsoe v. Texas Introduction Jamie Lee Bledsoe v. The State of Texas is a pivotal case decided by the Court of...

Establishing Direct-Benefits Estoppel in Arbitration: In re Weekley Homes, L.P. - A New Precedent in Texas Arbitration Law

Date: Oct 29, 2005

Establishing Direct-Benefits Estoppel in Arbitration: In re Weekley Homes, L.P. - A New Precedent in Texas Arbitration Law Introduction The landmark case of In re Weekley Homes, L.P., decided by the...

MLIIA Governs Nursing Home Negligence Claims: Texas Supreme Court in DIVERSICARE GENERAL PARTNER, INC. v. Maria G. Rubio

Date: Oct 15, 2005

MLIIA Governs Nursing Home Negligence Claims: Texas Supreme Court in DIVERSICARE GENERAL PARTNER, INC. v. Maria G. Rubio Introduction In the landmark case of DIVERSICARE GENERAL PARTNER, INC., et al....

Breach of Contract in Insurance Coverage Preempts Bad Faith and Extra-Contractual Claims: Progressive County Mutual Insurance Co. v. Boyd

Date: Aug 27, 2005

Breach of Contract in Insurance Coverage Preempts Bad Faith and Extra-Contractual Claims: Progressive County Mutual Insurance Co. v. Boyd Introduction The case of Progressive County Mutual Insurance...

Supreme Court of Texas Affirms Pooling Effective upon Recordation, Limiting Retroactive Royalty Claims

Date: Aug 27, 2005

Supreme Court of Texas Affirms Pooling Effective upon Recordation, Limiting Retroactive Royalty Claims Introduction Evelyn Tittizer, Individually and as Independent Executrix of the Estate of Louis...

Strict Evidentiary Standards for Gross Negligence in Texas Workers' Compensation Wrongful Death Claims

Date: Jul 9, 2005

Strict Evidentiary Standards for Gross Negligence in Texas Workers' Compensation Wrongful Death Claims Introduction In Diamond Shamrock Refining Co., L.P. v. Donna Hall, 168 S.W.3d 164 (Tex. 2005),...

Reaffirmation of Expert Report Requirements in Health Care Liability Claims: Murphy v. Russell

Date: Jul 2, 2005

Reaffirmation of Expert Report Requirements in Health Care Liability Claims: Murphy v. Russell Introduction Mark T. Murphy, M.D. v. Johnette Russell is a pivotal case adjudicated by the Supreme Court...

Mandamus Relief in Interlocutory Default Judgments: Insights from In re Burlington Coat Factory Warehouse of McAllen, Inc.

Date: Jul 2, 2005

Mandamus Relief in Interlocutory Default Judgments: Insights from In re Burlington Coat Factory Warehouse of McAllen, Inc. Introduction The case of In re Burlington Coat Factory Warehouse of McAllen,...

Ratification Defense and Waiver of Discovery Sanctions in Business Fraud Litigation: Meyer v. Cathey Analysis

Date: Jun 25, 2005

Ratification Defense and Waiver of Discovery Sanctions in Business Fraud Litigation: Meyer v. Cathey Analysis Introduction The Supreme Court of Texas, in the landmark case Larry Meyer v. John Cathey,...