Texas Case Commentaries

Clarifying the Interaction between Rule 166b(5)(c) and Rule 76a in Protective Orders: General Tire, Inc. v. Kenneth Kepple

Date: Jun 6, 1998

Clarifying the Interaction between Rule 166b(5)(c) and Rule 76a in Protective Orders Introduction In the landmark case of General Tire, Inc. v. Kenneth Kepple, 970 S.W.2d 520 (Tex. 1998), the Supreme...

Clarifying the Burden of Initiating Arbitration: Insights from In re BRUCE TERMINIX COMPANY

Date: Jun 6, 1998

Clarifying the Burden of Initiating Arbitration: Insights from In re BRUCE TERMINIX COMPANY Introduction In re BRUCE TERMINIX COMPANY is a pivotal case decided by the Supreme Court of Texas on June...

Recklessness Standard for Emergency Vehicle Liability Established in City of Amarillo v. Erica Shae Martin

Date: Jun 6, 1998

Recklessness Standard for Emergency Vehicle Liability Established in City of Amarillo v. Erica Shae Martin Introduction The case of City of Amarillo, Petitioner, v. Erica Shae Martin (971 S.W.2d 426)...

Establishing Ostensible Agency: Supreme Court of Texas in Baptist Memorial Hospital System v. Rhea Sampson

Date: May 22, 1998

Establishing Ostensible Agency: Supreme Court of Texas in Baptist Memorial Hospital System v. Rhea Sampson Introduction The case Baptist Memorial Hospital System v. Rhea Sampson (969 S.W.2d 945)...

Exhaustion of Legal Remedies and Laches in the Context of Bill of Review: CALDWELL v. BARNES

Date: May 9, 1998

Exhaustion of Legal Remedies and Laches in the Context of Bill of Review: CALDWELL v. BARNES Introduction The case of Harold Caldwell v. Robert Barnes (975 S.W.2d 535, Supreme Court of Texas, 1998)...

Constructive Notice in Slip-and-Fall Cases: Wal-Mart Stores, Inc. v. Flora L. Gonzalez

Date: May 9, 1998

Constructive Notice in Slip-and-Fall Cases: Wal-Mart Stores, Inc. v. Flora L. Gonzalez Introduction In the landmark case Wal-Mart Stores, Inc. v. Flora L. Gonzalez (968 S.W.2d 934), the Supreme Court...

Mobil Oil v. Ellender: New Standards for Settlement Credit Allocation in Punitive Damages Actions

Date: May 9, 1998

Mobil Oil v. Ellender: New Standards for Settlement Credit Allocation in Punitive Damages Actions Introduction The case of MOBIL Oil Corporation v. Anna Mae Ellender (968 S.W.2d 917) adjudicated by...

Jurisdictional Limits on Cross-State Liquidation Orders in Insurance Insolvency: Analysis of Bryant v. United Shortline Inc.

Date: May 9, 1998

Jurisdictional Limits on Cross-State Liquidation Orders in Insurance Insolvency: Analysis of Jeanne Barnes BRYANT v. UNITED SHORTLINE INC. Introduction The case of Jeanne Barnes BRYANT, as Liquidator...

Reinterpretation of Standing Requirements in Family Code §102.003(9) by the Supreme Court of Texas

Date: May 9, 1998

Reinterpretation of Standing Requirements in Family Code §102.003(9) by the Supreme Court of Texas Introduction The case of Tonia Jones v. Lisa Fowler (969 S.W.2d 429) adjudicated by the Supreme...

Mandamus Relief in Mass Tort Litigation: Overturning Restrictive Discovery Orders

Date: May 9, 1998

Mandamus Relief in Mass Tort Litigation: Overturning Restrictive Discovery Orders Introduction The case of In re COLONIAL PIPELINE COMPANY, Texaco Inc., Texaco Pipeline Company Inc., Texaco Trading...

Maritime Overseas v. Richard Ellis: Reinforcing Standards for Jones Act Damages Review and Scientific Evidence Preservation in Texas Jurisprudence

Date: Apr 17, 1998

Maritime Overseas v. Richard Ellis: Reinforcing Standards for Jones Act Damages Review and Scientific Evidence Preservation in Texas Jurisprudence Introduction The case of Maritime Overseas...

Employee Liability under Article 21.21 of the Texas Insurance Code

Date: Apr 15, 1998

Employee Liability under Article 21.21 of the Texas Insurance Code Introduction The case of Liberty Mutual Insurance Company and Robert G. Garrett v. Garrison Contractors, Inc. (966 S.W.2d 482)...

Architectural Control Committee Authority to Waive Roofing Restrictions: PILARCIK v. EMMONS and Others

Date: Apr 15, 1998

Architectural Control Committee Authority to Waive Roofing Restrictions: PILARCIK v. EMMONS and Others Introduction The case of PILARCIK v. EMMONS and Others adjudicated by the Supreme Court of Texas...

Limitation on Governmental Immunity Waiver in Wrongful Death Claims: Dallas County MHMR v. Bossley

Date: Apr 15, 1998

Limitation on Governmental Immunity Waiver in Wrongful Death Claims: Dallas County Mental Health and Mental Retardation v. Albert Bossley Introduction The case of Dallas County Mental Health and...

Limits on Physicians' Duty to Third Parties: Stan PRAESEL v. Raymond JOHNSON, M.D.

Date: Apr 15, 1998

Limits on Physicians' Duty to Third Parties: Stan PRAESEL v. Raymond JOHNSON, M.D. Introduction The Supreme Court of Texas, in the case of Stan PRAESEL and Louise Herbert v. Raymond JOHNSON, M.D., et...

MAYHEW v. TOWN OF SUNNYVALE: Affirmation of Regulatory Taking Standards in Land Use Decisions

Date: Mar 14, 1998

MAYHEW v. TOWN OF SUNNYVALE: Affirmation of Regulatory Taking Standards in Land Use Decisions Introduction In the landmark case Charles Mayhew, Sr., Charles Mayhew, Jr., The Estate of Audrey Mayhew,...

Oral Assurances Do Not Alter At-Will Employment in Texas

Date: Mar 14, 1998

Oral Assurances Do Not Alter At-Will Employment in Texas Introduction The case of Montgomery County Hospital District f/d/b/a Medical Center Hospital v. Valarie Brown, decided by the Supreme Court of...

State Courts Retain Jurisdiction to Sanction Attorneys for Pre-Removal Conduct: In Re Max Bennett Commentary

Date: Mar 14, 1998

State Courts Retain Jurisdiction to Sanction Attorneys for Pre-Removal Conduct: In Re Max Bennett Commentary Introduction The In Re Max Bennett case marks a significant precedent in Texas...

Unjust Enrichment Claims in Contractual Overcharge Disputes: Southwestern Electric Power Co. v. Burlington Northern Railroad Co.

Date: Mar 14, 1998

Unjust Enrichment Claims in Contractual Overcharge Disputes: Southwestern Electric Power Co. v. Burlington Northern Railroad Co. Introduction Southwestern Electric Power Company (SWEPCO), a public...

No Common Law Duty of Good Faith for Sureties to Principals: Insights from Associated Indemnity Corporation v. CAT Contracting

Date: Feb 14, 1998

No Common Law Duty of Good Faith for Sureties to Principals: Insights from Associated Indemnity Corporation v. CAT Contracting Introduction The legal landscape governing suretyship relationships is...

Previous Next