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  • Commentaries
  • Judgments

Texas Case Commentaries

St. Paul Surplus Lines Insurance Co. v. Dal-Worth Tank Co.: Key Rulings on Insurance Liability and Damages

St. Paul Surplus Lines Insurance Co. v. Dal-Worth Tank Co.: Key Rulings on Insurance Liability and Damages

Date: Aug 26, 1998
St. Paul Surplus Lines Insurance Co. v. Dal-Worth Tank Co.: Key Rulings on Insurance Liability and Damages Introduction The case of St. Paul Surplus Lines Insurance Company, Inc. v. Dal-Worth Tank...
Standard of Review for Attorney Fee Awards under the Texas Declaratory Judgments Act

Standard of Review for Attorney Fee Awards under the Texas Declaratory Judgments Act

Date: Aug 26, 1998
Standard of Review for Attorney Fee Awards under the Texas Declaratory Judgments Act Introduction The Supreme Court of Texas addressed a pivotal issue regarding the standard of review for attorney...
Supreme Court of Texas Sets Precedent on Discovery Sanctions and Mandamus Relief in In re FORD Motor Company

Supreme Court of Texas Sets Precedent on Discovery Sanctions and Mandamus Relief in In re FORD Motor Company

Date: Jul 15, 1998
Supreme Court of Texas Sets Precedent on Discovery Sanctions and Mandamus Relief in In re FORD Motor Company Introduction The case In re FORD Motor Company (988 S.W.2d 714) adjudicated by the Supreme...
Texas Supreme Court Invalidates Indemnification Agreements in INA v. Morris Due to Unauthorized Solicitation

Texas Supreme Court Invalidates Indemnification Agreements in INA v. Morris Due to Unauthorized Solicitation

Date: Jul 15, 1998
Texas Supreme Court Invalidates Indemnification Agreements in INA v. Morris Due to Unauthorized Solicitation Introduction The case of Insurance Company of North America and Waite Hill Services, Inc....
No Independent Tort Action for Fraud on Community Property in Texas Divorce Proceedings

No Independent Tort Action for Fraud on Community Property in Texas Divorce Proceedings

Date: Jul 4, 1998
No Independent Tort Action for Fraud on Community Property in Texas Divorce Proceedings Introduction The Supreme Court of Texas, in the case of J. Hudson Schlueter and Richard Stephen Schlueter v....
Limits on Negligence Per Se Claims Under Texas Family Code Reporting Requirements

Limits on Negligence Per Se Claims Under Texas Family Code Reporting Requirements

Date: Jul 4, 1998
Limits on Negligence Per Se Claims Under Texas Family Code Reporting Requirements Introduction The case of Douglas Wayne Perry, Janise White, and Raul Quintero v. S.N. and S.N., decided by the...
Establishing the Discovery Rule in Latent Occupational Disease Cases: Childs v. Haussecker and MARTINEZ v. HUMBLE SAND GRAVEL, Inc. Commentary

Establishing the Discovery Rule in Latent Occupational Disease Cases: Childs v. Haussecker and MARTINEZ v. HUMBLE SAND GRAVEL, Inc. Commentary

Date: Jul 4, 1998
Establishing the Discovery Rule in Latent Occupational Disease Cases: Childs v. Haussecker and MARTINEZ v. HUMBLE SAND GRAVEL, Inc. Introduction In the landmark decisions of Childs v. Haussecker and...
No Physician Duty to Third Parties Outside Patient Relationship: Gage Van Horn v. Chambers

No Physician Duty to Third Parties Outside Patient Relationship: Gage Van Horn v. Chambers

Date: Jul 4, 1998
No Physician Duty to Third Parties Outside Patient Relationship: Gage Van Horn v. Chambers Introduction Gage Van Horn, M.D., Petitioner v. Wallace Lee Chambers, Annie Mae Chambers, and Edward Johnson...
Extension of Anders Procedure to Juvenile Delinquency Appeals Established

Extension of Anders Procedure to Juvenile Delinquency Appeals Established

Date: Jul 4, 1998
Extension of Anders Procedure to Juvenile Delinquency Appeals Established Introduction The In re D.A.S., Relator. In re R.A.H., Relator. decision by the Supreme Court of Texas on July 3, 1998, marks...
Ensuring Reliability and Relevance in Expert Testimony: A New Precedent under Texas Rule 702

Ensuring Reliability and Relevance in Expert Testimony: A New Precedent under Texas Rule 702

Date: Jul 4, 1998
Ensuring Reliability and Relevance in Expert Testimony: A New Precedent under Texas Rule 702 Introduction The case of James R. Gammill and Deborah Dianne GAMMILL v. JACK WILLIAMS CHEVROLET, Inc., and...
Foreseeability of Criminal Acts Determines Landlord Duty in Premises Liability: Timberwalk Apartments v. So

Foreseeability of Criminal Acts Determines Landlord Duty in Premises Liability: Timberwalk Apartments v. So

Date: Jul 4, 1998
Foreseeability of Criminal Acts Determines Landlord Duty in Premises Liability: Timberwalk Apartments v. So Introduction Timberwalk Apartments, Partners, Inc., Timberwalk Apartments Ltd., and...
Supreme Court of Texas Limits on Discovery Scope in Toxic-Tort Litigation: In re American Optical Corporation

Supreme Court of Texas Limits on Discovery Scope in Toxic-Tort Litigation: In re American Optical Corporation

Date: Jul 4, 1998
Supreme Court of Texas Limits on Discovery Scope in Toxic-Tort Litigation: In re American Optical Corporation Introduction In the landmark case of In re American Optical Corporation (988 S.W.2d 711),...
Operation Rescue-National v. Planned Parenthood: Balancing Free Speech and Public Interests in Anti-Abortion Demonstrations

Operation Rescue-National v. Planned Parenthood: Balancing Free Speech and Public Interests in Anti-Abortion Demonstrations

Date: Jul 4, 1998
Operation Rescue-National v. Planned Parenthood: Balancing Free Speech and Public Interests in Anti-Abortion Demonstrations Introduction In the landmark case Operation Rescue-National a/k/a Operation...
Texas Supreme Court Upholds Section 143.057(d) Delegation in Civil Service Act

Texas Supreme Court Upholds Section 143.057(d) Delegation in Civil Service Act

Date: Jul 4, 1998
Texas Supreme Court Upholds Section 143.057(d) Delegation in Civil Service Act Introduction The case of Richard Dewayne Proctor et al. v. Mary Andrews et al. before the Supreme Court of Texas...
Ambiguity in Insurance Policy Exclusions Interpreted in Favor of the Insured: Balandran v. Safeco

Ambiguity in Insurance Policy Exclusions Interpreted in Favor of the Insured: Balandran v. Safeco

Date: Jul 4, 1998
Ambiguity in Insurance Policy Exclusions Interpreted in Favor of the Insured: Balandran v. Safeco Introduction The case of Joe Balandran and Dolores Balandran v. Safeco Insurance Company of America...
Ripeness Doctrine in Action: Supreme Court of Texas Dismisses Rider 14 Challenge in Planned Parenthood Case

Ripeness Doctrine in Action: Supreme Court of Texas Dismisses Rider 14 Challenge in Planned Parenthood Case

Date: Jun 24, 1998
Ripeness Doctrine in Action: Supreme Court of Texas Dismisses Rider 14 Challenge in Planned Parenthood Case Introduction In the landmark case Patti PATTERSON, M.D., Interim Commissioner of Health, et...
Severance of Judgment for Multiple Plaintiffs Requires Individual Error Determination: Insights from PAT BAKER CO. v. WILSON

Severance of Judgment for Multiple Plaintiffs Requires Individual Error Determination: Insights from PAT BAKER CO. v. WILSON

Date: Jun 24, 1998
Severance of Judgment for Multiple Plaintiffs Requires Individual Error Determination: Insights from PAT BAKER CO. v. WILSON Introduction The case of PAT BAKER COMPANY, INC. and Baker Brothers, Inc....
Unconscionable Conduct by Attorneys Under DTPA: Castillo v. Latham

Unconscionable Conduct by Attorneys Under DTPA: Castillo v. Latham

Date: Jun 24, 1998
Unconscionable Conduct by Attorneys Under DTPA: Castillo v. Latham Introduction B. Mills Latham, Law Offices of B. Mills Latham, P.C., and Latham and Moss v. Ernest M. Castillo and Audona A....
Texas Supreme Court Declines Independent Tort for Evidence Spoliation in Trevino v. Ortega

Texas Supreme Court Declines Independent Tort for Evidence Spoliation in Trevino v. Ortega

Date: Jun 6, 1998
Texas Supreme Court Declines Independent Tort for Evidence Spoliation in Trevino v. Ortega Introduction In the landmark case of Jorge H. Trevino, M.D. v. Genaro Ortega, decided on June 5, 1998, the...
Expanding Mitigation Strategies for Punitive Damages and Affirming Due Process in OWENS-CORNING v. MALONE and Wasiak

Expanding Mitigation Strategies for Punitive Damages and Affirming Due Process in OWENS-CORNING v. MALONE and Wasiak

Date: Jun 6, 1998
Expanding Mitigation Strategies for Punitive Damages and Affirming Due Process in OWENS-CORNING v. MALONE and Wasiak Introduction In the landmark cases of Owens-Corning Fiberglas Corporation v....
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