Texas Case Commentaries

Preservation of Error in Juror Challenges: Insights from CORTEZ v. HCCI-SAN ANTONIO, Inc.

Date: Mar 12, 2005

Preservation of Error in Juror Challenges: Insights from CORTEZ v. HCCI-SAN ANTONIO, Inc. Introduction CORTEZ v. HCCI-SAN ANTONIO, Inc. is a significant case decided by the Supreme Court of Texas on...

Texas Supreme Court Affirms Business Pursuits Exclusion for Commercial Mining Activities in Homeowners Insurance Policies

Date: Mar 12, 2005

Texas Supreme Court Affirms Business Pursuits Exclusion for Commercial Mining Activities in Homeowners Insurance Policies Introduction In the landmark case of Allstate Insurance Company v. Ruth...

Limits on Intentional Infliction of Emotional Distress in Texas Employment Law: Creditwatch v. Jackson

Date: Feb 26, 2005

Limits on Intentional Infliction of Emotional Distress in Texas Employment Law: Creditwatch v. Jackson Introduction CREDITWATCH, INC. Harold E. "Skip" Quant v. Denise JACKSON, 157 S.W.3d 814 (Tex....

Equitable Relief in Summary Judgment for Pro Se Litigants: The WHEELER v. GREEN Precedent

Date: Feb 12, 2005

Equitable Relief in Summary Judgment for Pro Se Litigants: The WHEELER v. GREEN Precedent Introduction Sandra F. Wheeler v. Darrin Edward Green (157 S.W.3d 439), adjudicated by the Supreme Court of...

Inferential Rebuttal Instructions: Texas Supreme Court Clarifies Adequacy in Dillard v. Texas Electric Cooperative

Date: Feb 12, 2005

Inferential Rebuttal Instructions: Texas Supreme Court Clarifies Adequacy in Dillard v. Texas Electric Cooperative Introduction The Texas Supreme Court's decision in Mary R. Dillard, Individually,...

Defective Certification in Plea Bargains: Insights from Barbara Ann Dears v. The State of Texas

Date: Jan 27, 2005

Defective Certification in Plea Bargains: Insights from Barbara Ann Dears v. The State of Texas Introduction The case of Barbara Ann Dears v. The State of Texas (154 S.W.3d 610) represents a pivotal...

Reaffirmation of Governmental Immunity and Independent Contractor Status under the Texas Tort Claims Act

Date: Jan 22, 2005

Reaffirmation of Governmental Immunity and Independent Contractor Status under the Texas Tort Claims Act Introduction The case of Texas A&M University v. Paul A. Bishop (156 S.W.3d 580) resolved...

Invalidation of Confinement for Property Tax Non-Payment: In re Paul Edward Henry

Date: Jan 15, 2005

Invalidation of Confinement for Property Tax Non-Payment: In re Paul Edward Henry Introduction In re Paul Edward Henry is a landmark decision by the Supreme Court of Texas, delivered on January 14,...

Standard of Review for Clear and Convincing Evidence in Texas Anti-Retaliation Cases: Southwestern Bell Telephone Co. v. Garza

Date: Jan 1, 2005

Standard of Review for Clear and Convincing Evidence in Texas Anti-Retaliation Cases: Southwestern Bell Telephone Co. v. Garza Introduction In the landmark case of Southwestern Bell Telephone Co.,...

CALDWELL v. BARNES: Upholding the Right to a Jury Trial on Service of Process in Texas Bill of Review Proceedings

Date: Jan 1, 2005

CALDWELL v. BARNES: Upholding the Right to a Jury Trial on Service of Process in Texas Bill of Review Proceedings Introduction The case of Harold Caldwell v. Robert F. Barnes (154 S.W.3d 93)...

Volkswagen v. Ramirez: Reinforcing the Requirements for Expert Testimony in Proving Causation in Product Liability

Date: Jan 1, 2005

Volkswagen v. Ramirez: Reinforcing the Requirements for Expert Testimony in Proving Causation in Product Liability Introduction In the landmark case Volkswagen of America, Inc. v. Andrew Ramirez,...

Employment Trailer Safety: Strict Liability Not Applied in FFE Transportation Services v. Fulgham

Date: Jan 1, 2005

Employment Trailer Safety: Strict Liability Not Applied in FFE Transportation Services v. Fulgham Introduction In the landmark case of FFE Transportation Services, Inc. v. Larry Fulgham and Debra...

Enforcement of Spousal Maintenance Orders During Appeal: A Comprehensive Analysis of In re Adel Sheshtawy

Date: Jan 1, 2005

Enforcement of Spousal Maintenance Orders During Appeal: A Comprehensive Analysis of In re Adel Sheshtawy Introduction In re Adel Sheshtawy, 154 S.W.3d 114 (Tex. 2004), is a pivotal case adjudicated...

Private Cause of Action Not Implied for Statutory Penalties under Texas Property Code

Date: Dec 4, 2004

Private Cause of Action Not Implied for Statutory Penalties under Texas Property Code Introduction In the landmark case of Columbus P. BROWN, a/k/a C.P. Brown, Petitioner, v. Arturo DE LA CRUZ,...

Enforcement of Forum-Selection Clauses in Insurance Contracts: In re AIU Insurance Company

Date: Dec 4, 2004

Enforcement of Forum-Selection Clauses in Insurance Contracts: In re AIU Insurance Company Introduction The case of In re AIU Insurance Company, Relator. (148 S.W.3d 109) represents a pivotal moment...

Clarifying "Like Kind and Quality" in Insurance Replacement Obligations: Insights from Republic Underwriters v. Mex-Tex, Inc.

Date: Nov 20, 2004

Clarifying "Like Kind and Quality" in Insurance Replacement Obligations: Insights from Republic Underwriters v. Mex-Tex, Inc. Introduction The case of Republic Underwriters Insurance Co. v. Mex-Tex,...

Negligent Credentialing as a Health Care Liability Claim under MLIIA: Garland Community Hospital v. Debi Rose

Date: Nov 6, 2004

Negligent Credentialing as a Health Care Liability Claim under MLIIA: Garland Community Hospital v. Debi Rose Introduction Parties Involved: Petitioner: Garland Community Hospital Respondent: Debi...

Mandamus Relief and the Limits of Temporary Restraining Orders in Election Law: Insights from In re Norman F. Newton

Date: Oct 28, 2004

Mandamus Relief and the Limits of Temporary Restraining Orders in Election Law: Insights from In re Norman F. Newton Introduction The case of In re Norman F. Newton, individually and as treasurer of...

Substantial Limitation of Major Life Activity: Texas Supreme Court Reverses Summary Judgment in E v. Lyn Little

Date: Oct 16, 2004

Substantial Limitation of Major Life Activity: Texas Supreme Court Reverses Summary Judgment in E v. Lyn Little Introduction The case of Evelyn Little v. Texas Department of Criminal Justice,...

Clarifying the Distinction Between Temporary and Permanent Nuisances in Texas Law: Analysis of Schneider National Carriers, Inc. v. Andrea L. Bates

Date: Oct 2, 2004

Clarifying the Distinction Between Temporary and Permanent Nuisances in Texas Law: Analysis of Schneider National Carriers, Inc. v. Andrea L. Bates Introduction The case of Schneider National...