Texas Case Commentaries

Preemption of State DTPA Claims under the Medical Device Amendments: Tempie Fortson WORTHY v. COLLAGEN CORPoration

Date: Feb 14, 1998

Preemption of State DTPA Claims under the Medical Device Amendments: Tempie Fortson WORTHY v. COLLAGEN CORPoration Introduction In Tempie Fortson WORTHY v. COLLAGEN CORPoration, decided by the...

Pretextual Investigations as Breach of Good Faith: State Farm v. Simmons

Date: Feb 14, 1998

Pretextual Investigations as Breach of Good Faith: State Farm v. Simmons Introduction In the landmark case State Farm Fire Casualty Company v. James and Cynthia Simmons, the Supreme Court of Texas...

Judicial Accountability and Removal: Comprehensive Analysis of In re Bill R. Lowery Decision

Date: Feb 14, 1998

Judicial Accountability and Removal: Comprehensive Analysis of In re Bill R. Lowery Decision Introduction The case of In re Bill R. Lowery, reported at 999 S.W.2d 639, addresses the critical issue of...

Establishing Employer Liability for Independent Contractors' Employee Safety Under Retained Control: Hoechst-Celanese v. Mendez

Date: Feb 14, 1998

Establishing Employer Liability for Independent Contractors' Employee Safety Under Retained Control: Hoechst-Celanese v. Mendez Introduction In the landmark case of Hoechst-Celanese Corporation v....

DAWSON-AUSTIN v. AUSTIN: Reinforcing Strict Standards for Special Appearances and Personal Jurisdiction in Texas Divorce Cases

Date: Feb 14, 1998

DAWSON-AUSTIN v. AUSTIN: Reinforcing Strict Standards for Special Appearances and Personal Jurisdiction in Texas Divorce Cases Introduction Case Citation: Cynthia Lee Dawson-Austin v. William...

Clarifying Consumer Status and DTPA Violations: Brown v. Bank of Galveston

Date: Feb 14, 1998

Clarifying Consumer Status and DTPA Violations: Brown v. Bank of Galveston Introduction Vincent A. Brown v. Bank of Galveston, N.A., 963 S.W.2d 511 (Tex. 1998), is a pivotal case adjudicated by the...

Clarification on the Application of Family Code Section 1.91(b) in Wrongful Death Actions: SHEPHERD v. LEDFORD and Transamerican v. Fuentes

Date: Jan 30, 1998

Clarification on the Application of Family Code Section 1.91(b) in Wrongful Death Actions: SHEPHERD v. LEDFORD and Transamerican v. Fuentes Introduction The Supreme Court of Texas, in the landmark...

Reaffirming Tort Remedies for Fraudulent Inducement in Contractual Contexts: Analysis of Formosa Plastics Corp. v. Presidio Engineers (960 S.W.2d 41)

Date: Jan 17, 1998

Reaffirming Tort Remedies for Fraudulent Inducement in Contractual Contexts Introduction In the landmark case of Formosa Plastics Corporation USA and Formosa Plastic Corporation, Texas, Petitioners,...

Clarification of Prejudgment Interest and Collateral Estoppel in Insurance Law: Johnson Higgins v. Kenneco

Date: Jan 17, 1998

Clarification of Prejudgment Interest and Collateral Estoppel in Insurance Law: Johnson Higgins v. Kenneco Introduction The Supreme Court of Texas, in the landmark case of Johnson Higgins of Texas,...

Reaffirming Deferential Standards in Factual Sufficiency Reviews: Cain v. State of Texas

Date: Dec 19, 1997

Reaffirming Deferential Standards in Factual Sufficiency Reviews: Cain v. State of Texas Introduction Cain v. State of Texas, 958 S.W.2d 404 (1997), represents a pivotal moment in Texas criminal...

Mental Anguish Not Recoverable for Negligent Property Damage: Tyler v. Likes

Date: Dec 12, 1997

Mental Anguish Not Recoverable for Negligent Property Damage: City of Tyler v. Adeline Likes Introduction City of Tyler v. Adeline Likes (962 S.W.2d 489) is a significant judgment by the Supreme...

Murphy v. Campbell: Defining Statute of Limitations for Accounting Malpractice under the Discovery Rule

Date: Dec 12, 1997

Murphy v. Campbell: Defining Statute of Limitations for Accounting Malpractice under the Discovery Rule Introduction Murphy v. Campbell is a landmark decision by the Supreme Court of Texas that...

Disclaimer of Reliance Precludes Fraudulent Inducement Claims in Arm's-Length Business Settlements: Schlumberger Technology Corp. v. Swansons

Date: Dec 12, 1997

Disclaimer of Reliance Precludes Fraudulent Inducement Claims in Arm's-Length Business Settlements: Schlumberger Technology Corp. v. Swansons Introduction Schlumberger Technology Corporation and...

Hammerly Oaks, Inc. v. Darrell Edwards: Supreme Court of Texas Establishes Strict Criteria for Corporate Liability in Punitive Damages

Date: Dec 12, 1997

Hammerly Oaks, Inc. v. Darrell Edwards: Supreme Court of Texas Establishes Strict Criteria for Corporate Liability in Punitive Damages Introduction In the landmark case of Hammerly Oaks, Inc. v....

Implied Motion for Extension of Time Under Rule 41(a)(2): A New Precedent

Date: Dec 5, 1997

Implied Motion for Extension of Time Under Rule 41(a)(2): A New Precedent Introduction The case of John Verburgt v. Patricia M. Dorner and Methodist Mission Home, adjudicated by the Supreme Court of...

Duty to Defend and Indemnify in Insurance Contracts: Insights from Farmers Texas County Mutual v. Griffin

Date: Nov 14, 1997

Duty to Defend and Indemnify in Insurance Contracts: Insights from Farmers Texas County Mutual Insurance Company v. Robert Griffin Introduction The case of Farmers Texas County Mutual Insurance...

Clarifying Procedures for Withdrawal of Counsel on Frivolous Appeals: Wilson v. Texas

Date: Nov 13, 1997

Clarifying Procedures for Withdrawal of Counsel on Frivolous Appeals: Wilson v. Texas Introduction In the landmark case of Dickie Bruce Wilson v. The STATE of Texas, decided by the Court of Appeals...

Restricting Warranty Damages to Direct Users and Individual Claims: Implications of Minnesota Mining v. Nishika in Texas Jurisprudence

Date: Oct 3, 1997

Restricting Warranty Damages to Direct Users and Individual Claims: Implications of Minnesota Mining v. Nishika in Texas Jurisprudence Introduction In the realm of commercial litigation, the...

De Novo Review Standard Established for Probable Cause in GUZMAN v. STATE

Date: Sep 25, 1997

De Novo Review Standard Established for Probable Cause in GUZMAN v. STATE Introduction GUZMAN v. STATE, decided on September 24, 1997, by the Court of Criminal Appeals of Texas en banc, marks a...

Redefining Sufficiency of Evidence: Malik v. State of Texas Establishes New Standards

Date: Sep 11, 1997

Redefining Sufficiency of Evidence: Malik v. State of Texas Establishes New Standards Introduction Urfan S. Malik v. The State of Texas is a landmark decision by the Court of Criminal Appeals of...

Previous Next