Texas Case Commentaries

Limits of Sovereign Immunity: Supreme Court of Texas Rules in TxDOT v. City of Sunset Valley

Date: Sep 25, 2004

Limits of Sovereign Immunity: Supreme Court of Texas Rules in TxDOT v. City of Sunset Valley Introduction The case of TEXAS DEPARTMENT OF TRANSPORTATION v. CITY OF SUNSET VALLEY (146 S.W.3d 637,...

Duty to Warn in Products Liability: Humble Sand Gravel Inc. v. Raymond Gomez

Date: Sep 18, 2004

Duty to Warn in Products Liability: Humble Sand Gravel Inc. v. Raymond Gomez Introduction Humble Sand Gravel, Inc. v. Raymond Gomez is a landmark case adjudicated by the Supreme Court of Texas on...

Utica National Insurance Co. v. American Indemnity Co.: Redefining the Professional Services Exclusion in General Liability Policies

Date: Sep 4, 2004

Utica National Insurance Co. v. American Indemnity Co.: Redefining the Professional Services Exclusion in General Liability Policies Introduction The case of Utica National Insurance Company of...

Enforcement of Contractual Jury Waivers: A Comprehensive Analysis of In re The PRUDENTIAL INSURANCE CO. OF AMERICA and Four Partners, L.L.C.

Date: Sep 4, 2004

Enforcement of Contractual Jury Waivers: Analysis of In re The PRUDENTIAL INSURANCE CO. OF AMERICA and Four Partners, L.L.C. Introduction In re The PRUDENTIAL INSURANCE CO. OF AMERICA and Four...

Balancing Satire and Defamation: Establishing Clear Standards in Libel Cases

Date: Sep 4, 2004

Balancing Satire and Defamation: Establishing Clear Standards in Libel Cases Introduction In the landmark case of New Times, Inc. d/b/a Dallas Observer v. Isaacks and Whitten (146 S.W.3d 144), the...

Consolidation of Toxic Tort Claims: Insights from IN RE VAN WATERS ROGERS, INC.

Date: Sep 4, 2004

Consolidation of Toxic Tort Claims: Insights from IN RE VAN WATERS ROGERS, INC. Introduction IN RE VAN WATERS ROGERS, INC., 145 S.W.3d 203 (Tex. 2004), is a pivotal case adjudicated by the Supreme...

Affirmation of Independent Judicial Review Rights under Texas APA Section 2001.171

Date: Sep 4, 2004

Affirmation of Independent Judicial Review Rights under Texas APA Section 2001.171 Introduction Texas Department of Protective and Regulatory Services v. Mega Child Care, Inc., 145 S.W.3d 170,...

Northglen Association Assessment Powers Affirmed and Limited: A Comprehensive Analysis of Geneva Brooks v. Northglen Association

Date: Sep 4, 2004

Northglen Association Assessment Powers Affirmed and Limited: A Comprehensive Analysis of Geneva Brooks v. Northglen Association Introduction The case of Geneva Brooks, et al. v. Northglen...

Supreme Court of Texas in Ridge Oil Co. v. Guinn Investments: Upholding Temporary Cessation of Production Doctrine in Multi-Lessee Oil and Gas Leases

Date: Sep 4, 2004

Supreme Court of Texas in Ridge Oil Co. v. Guinn Investments: Upholding Temporary Cessation of Production Doctrine in Multi-Lessee Oil and Gas Leases Introduction The case of Ridge Oil Company, Inc....

Legislative Immunity Shields Lawyer-Legislators from Professional Liability: Analysis of JOE v. TWO THIRTY NINE JOINT VENTURE

Date: Sep 4, 2004

Legislative Immunity Shields Lawyer-Legislators from Professional Liability: Analysis of JOE v. TWO THIRTY NINE JOINT VENTURE Introduction Harry J. Joe and Jenkens Gilchrist, A Professional...

Limits on Admitting Similar Accidents in Product Liability: NISSAN Motor Co. Ltd. v. ARMSTRONG

Date: Aug 28, 2004

Limits on Admitting Similar Accidents in Product Liability: Supreme Court of Texas in NISSAN Motor Co. Ltd. v. ARMSTRONG Introduction The case of NISSAN Motor Company Ltd. a/k/a Nissan Motor Company...

Supreme Court of Texas Limits Claims for Intentional Infliction of Emotional Distress in Presence of Statutory Remedies

Date: Aug 28, 2004

Supreme Court of Texas Limits Claims for Intentional Infliction of Emotional Distress in Presence of Statutory Remedies Introduction In the landmark case Hoffmann-La Roche Inc. v. Joan Zeltwanger...

Exclusion of Wrongful Death Claims for Stillborn Children Upholds Equal Protection in Texas

Date: Aug 28, 2004

Exclusion of Wrongful Death Claims for Stillborn Children Upholds Equal Protection in Texas Introduction In the landmark case of FORT WORTH OSTEOPATHIC HOSPITAL, INC., d/b/a/ Osteopathic Medical...

Supreme Court of Texas Establishes Requirement for Expert Testimony on Causation in Legal Malpractice Cases

Date: Aug 28, 2004

Supreme Court of Texas Establishes Requirement for Expert Testimony on Causation in Legal Malpractice Cases Introduction The case of Tom Alexander, Individually, and Alexander McEvily v. Turtur...

Notice Requirements Non-Jurisdictional under Texas Tort Claims Act: University of Texas Southwestern Medical Center v. Loutzenhiser

Date: Jul 10, 2004

Notice Requirements Non-Jurisdictional under Texas Tort Claims Act: University of Texas Southwestern Medical Center v. Loutzenhiser Introduction The case of The University of Texas Southwestern...

Texas Supreme Court Clarifies 'Actual Notice' Under Tort Claims Act

Date: Jul 10, 2004

Texas Supreme Court Clarifies 'Actual Notice' Under Tort Claims Act Introduction In the landmark case of TEXAS DEPARTMENT OF CRIMINAL JUSTICE v. BRIAN EDWARD SIMONS, 140 S.W.3d 338 (Tex. 2004), the...

Texas Supreme Court Affirms Official Immunity for Board of Adjustment Members, Excluding Subjective Evidence in Good Faith Analysis

Date: Jul 10, 2004

Texas Supreme Court Affirms Official Immunity for Board of Adjustment Members, Excluding Subjective Evidence in Good Faith Analysis Introduction In the landmark case of Anne Ballantyne et al. v....

Non-Assignability of DTPA Claims Affirmed in PPG Industries, Inc. v. JMB/Houston Centers Partners Limited Partnership

Date: Jul 10, 2004

Non-Assignability of DTPA Claims Affirmed in PPG Industries, Inc. v. JMB/Houston Centers Partners Limited Partnership Introduction In PPG Industries, Inc. v. JMB/Houston Centers Partners Limited...

Ordinary Mud on Man-Made Surfaces Does Not Constitute an Unreasonable Risk: M.O. Dental Lab v. Brenda Rape

Date: Jul 3, 2004

Ordinary Mud on Man-Made Surfaces Does Not Constitute an Unreasonable Risk: M.O. Dental Lab v. Brenda Rape Introduction The case of M.O. Dental Lab, Gerald W. Carter, Michael K. Zuber, and Lora Zuber...

Affirmation of PUC's Exclusive Jurisdiction in Utility Rate Disputes: In re Entergy Corporation

Date: Jun 26, 2004

Affirmation of PUC's Exclusive Jurisdiction in Utility Rate Disputes: In re Entergy Corporation Introduction In re Entergy Corporation, et al. (142 S.W.3d 316) is a pivotal judgment delivered by the...