Texas Case Commentaries

Texas Supreme Court Clarifies Waiver Standards for Special Appearances under Rule 120a

Date: Jun 26, 2004

Texas Supreme Court Clarifies Waiver Standards for Special Appearances under Rule 120a Introduction In the landmark case of Exito Electronics Company, Ltd. v. Virginia Trejo, the Texas Supreme Court...

Ford Motor Company v. Ridgway: Supreme Court of Texas Sets Rigorous Standards for Product Defect Evidence in Summary Judgment

Date: Jun 26, 2004

Ford Motor Company v. Ridgway: Supreme Court of Texas Sets Rigorous Standards for Product Defect Evidence in Summary Judgment Introduction In the landmark case Ford Motor Company v. Jack and Linda...

Inverse Condemnation and Flood Control: Supreme Court of Texas Upholds Permanent Taking in Tarrant Regional Water District v. Gragg

Date: Jun 26, 2004

Inverse Condemnation and Flood Control: Supreme Court of Texas Upholds Permanent Taking in Tarrant Regional Water District v. Gragg Introduction Tarrant Regional Water District v. Billy Harden Gragg...

City of Dallas v. Jennings: Affirming Governmental Immunity in Nuisance and Taking Claims

Date: Jun 26, 2004

City of Dallas v. Jennings: Affirming Governmental Immunity in Nuisance and Taking Claims Introduction The case of City of Dallas v. James Jennings and Charlotte Jennings, 142 S.W.3d 310 (Tex. 2004),...

Cire v. Cummings: Affirming 'Death Penalty' Sanctions for Spoliation in Texas Civil Procedure

Date: Jun 19, 2004

Cire v. Cummings: Affirming 'Death Penalty' Sanctions for Spoliation in Texas Civil Procedure Introduction Cire v. Cummings (134 S.W.3d 835, Supreme Court of Texas, 2004) is a landmark case that...

Clarifying Dismissal for Want of Prosecution under Texas Rule of Civil Procedure 165a(1)

Date: Jun 19, 2004

Clarifying Dismissal for Want of Prosecution under Texas Rule of Civil Procedure 165a(1) Introduction In the landmark case George Alexander d/b/a Zentner's Daughter Steakhouse v. Lynda's Boutique,...

Proximate Cause and Attenuation in Medical Negligence: Insights from IHS Cedars Treatment Center v. Mason

Date: Jun 19, 2004

Proximate Cause and Attenuation in Medical Negligence: Insights from IHS Cedars Treatment Center v. Mason Introduction The landmark case IHS Cedars Treatment Center of DeSoto, Texas, Inc. v. Jodi...

Restricting Discovery of Insurance Policies in Mass Tort Litigation: Insights from IN RE DANA CORPORATION

Date: Jun 12, 2004

Restricting Discovery of Insurance Policies in Mass Tort Litigation: Insights from IN RE DANA CORPORATION Introduction IN RE DANA CORPORATION, 138 S.W.3d 298 (Tex. 2004), is a pivotal Texas Supreme...

Imposition of Fair Notice Requirements on Non-Subscriber Workers' Compensation Plans Established in Storage Processors v. Reyes

Date: Jun 12, 2004

Imposition of Fair Notice Requirements on Non-Subscriber Workers' Compensation Plans Established in Storage Processors, Inc. v. Reyes Introduction The case of Storage Processors, Inc. and Leonel...

Shell Oil Company v. Mohammed Khan & Jamila Williams: Establishing Limits of Control and Liability in Independent Contractor Relationships

Date: Jun 12, 2004

Shell Oil Company v. Mohammed Khan & Jamila Williams: Establishing Limits of Control and Liability in Independent Contractor Relationships Introduction The case of Shell Oil Company v. Mohammed Khan...

Texas Workers' Compensation Commission v. Patient Advocates of Texas: Affirming Agency Authority in Medical Fee Guidelines

Date: May 29, 2004

Texas Workers' Compensation Commission v. Patient Advocates of Texas: Affirming Agency Authority in Medical Fee Guidelines Introduction Texas Workers' Compensation Commission (TWCC), the petitioner,...

Dismissal with Prejudice on Plea to Jurisdiction Under Texas Tort Claims Act

Date: May 29, 2004

Dismissal with Prejudice on Plea to Jurisdiction Under Texas Tort Claims Act Introduction The Supreme Court of Texas, in the case of Harris County, Texas and Carl Borchers v. Faye Sykes, Individually...

Modification of Juvenile Commitment Orders: Written Findings Not Required Under Texas Family Code

Date: May 15, 2004

Modification of Juvenile Commitment Orders: Written Findings Not Required Under Texas Family Code Introduction In the landmark case In the Matter of J.P., a Juvenile (136 S.W.3d 629), the Supreme...

Establishing Prima Facie Privilege in Discovery: Insights from In re E.I. DuPont de Nemours and Company

Date: May 15, 2004

Establishing Prima Facie Privilege in Discovery: Insights from In re E.I. DuPont de Nemours and Company Introduction The case In re E.I. DuPont de Nemours and Company (136 S.W.3d 218), adjudicated by...

Refining Challenges to Expert Testimony: Coastal Transport v. Crown Central

Date: May 15, 2004

Refining Challenges to Expert Testimony: Coastal Transport Company, Inc. v. Crown Central Petroleum Corp. Introduction Coastal Transport Company, Inc. v. Crown Central Petroleum Corp., 136 S.W.3d 227...

Revisiting Informed Consent: Insights from Nir S. Binur, M.D. v. Donna Jacobo

Date: May 8, 2004

Revisiting Informed Consent: Insights from Nir S. Binur, M.D. v. Donna Jacobo Introduction Nir S. Binur, M.D. v. Donna Jacobo, 135 S.W.3d 646 (Tex. 2004), is a pivotal case in Texas medical...

Enhancing Due Process in Mandatory Class Actions: Insights from Compaq Computer Corp. v. Lapray

Date: May 8, 2004

Enhancing Due Process in Mandatory Class Actions: Insights from Compaq Computer Corp. v. Lapray Introduction Compaq Computer Corporation v. Hal Lapray, et al., 135 S.W.3d 657 (Tex. 2004), adjudicated...

Deeming Pro Se Inmate Petitions Filed Upon Submission to Prison Authorities

Date: May 8, 2004

Deeming Pro Se Inmate Petitions Filed Upon Submission to Prison Authorities Introduction The case of Charles Clay Warner, Jr. v. Zelda G. Glass (135 S.W.3d 681) addressed a critical procedural issue...

Material Breach and Time Being of the Essence: Insights from Mustang Pipeline Co. v. Driver Pipeline Co.

Date: Apr 24, 2004

Material Breach and Time Being of the Essence: Insights from Mustang Pipeline Co. v. Driver Pipeline Co. Introduction The case of Mustang Pipeline Company, Inc. v. Driver Pipeline Company, Inc.,...

Supreme Court of Texas Sets Precedent on Judicial Misconduct: Removal and Permanent Bar Imposed on Justice Thurman Bill Bartie

Date: Apr 17, 2004

Supreme Court of Texas Sets Precedent on Judicial Misconduct: Removal and Permanent Bar Imposed on Justice Thurman Bill Bartie Introduction The case In re Thurman Bill Bartie, Justice of the Peace,...