Texas Case Commentaries

Reaffirming the Examination of Extrinsic Evidence for Jurisdictional Determinations in Gross Negligence Claims under the Texas Tort Claims Act

Date: Apr 3, 2004

Reaffirming the Examination of Extrinsic Evidence for Jurisdictional Determinations in Gross Negligence Claims under the Texas Tort Claims Act Introduction In the case of TEXAS DEPARTMENT OF PARKS...

Reaffirming the Substantial Advancement Test: Regulatory Takings and Zoning in Sheffield Development Co. v. City of Glenn Heights

Date: Mar 6, 2004

Reaffirming the Substantial Advancement Test: Regulatory Takings and Zoning in Sheffield Development Co. v. City of Glenn Heights Introduction Sheffield Development Company, Inc. v. City of Glenn...

Kirk and Suzanne Martin v. William and Carolyn Amerman: Clarifying the Exclusive Use of Trespass-to-Try-Title in Boundary Disputes

Date: Feb 14, 2004

Kirk and Suzanne Martin v. William and Carolyn Amerman: Clarifying the Exclusive Use of Trespass-to-Try-Title in Boundary Disputes Introduction The case of Kirk E. Martin and Suzanne K. Martin v....

Termination of Parental Rights: A Comprehensive Analysis of In the Interest of R.W. (129 S.W.3d 732)

Date: Feb 6, 2004

Termination of Parental Rights: A Comprehensive Analysis of In the Interest of R.W. (129 S.W.3d 732) Introduction In the Interest of R.W. is a pivotal case adjudicated by the Court of Appeals of...

Ambiguity in Arbitration Agreements Due to Unilateral Policy Modification Rights – J.M. Davidson Inc. v. Webster

Date: Jan 1, 2004

Ambiguity in Arbitration Agreements Due to Unilateral Policy Modification Rights – J.M. Davidson Inc. v. Webster Introduction In the landmark case of J.M. Davidson, Inc. v. Chelsey J. Webster, the...

Provident v. Knott: Defining Total Disability in Insurance Policies

Date: Dec 20, 2003

Provident v. Knott: Defining Total Disability in Insurance Policies Introduction Provident Life and Accident Insurance Company v. James Knott, M.D. is a landmark case decided by the Supreme Court of...

Actual Malice Standard Reinforced in Business Disparagement Cases

Date: Dec 20, 2003

Actual Malice Standard Reinforced in Business Disparagement Cases Introduction In the case of FORBES INC. and WILLIAM P. BARRETT v. GRANADA BIOSCIENCES, INC. and GRANADA FOODS CORPORATION, the...

Clarifying 'Possession, Custody, or Control' in Texas Civil Discovery: Insights from In Re Hal G. Kuntz

Date: Dec 20, 2003

Clarifying 'Possession, Custody, or Control' in Texas Civil Discovery: Insights from In Re Hal G. Kuntz Introduction In Re Hal G. Kuntz, 124 S.W.3d 179 (Tex. 2003), is a seminal case decided by the...

Adverse Possession Establishes Fee Simple Interests in Oil and Gas Leases

Date: Dec 20, 2003

Adverse Possession Establishes Fee Simple Interests in Oil and Gas Leases Introduction The case NATURAL GAS PIPELINE COMPANY OF AMERICA, MIDCON GAS SERVICES CORP., and CHESAPEAKE PANHANDLE LIMITED...

Due Process and Language Barriers in Termination of Parental Rights: Insights from In the Interest of L.M.I. and J.A.I.

Date: Dec 19, 2003

Due Process and Language Barriers in Termination of Parental Rights: Insights from In the Interest of L.M.I. and J.A.I. Introduction In the Interest of L.M.I. and J.A.I., minor children is a landmark...

REISS v. REISS: Affirming Non-Employee Spouse’s Entitlement to Total Retirement Benefits Under Clear Divorce Decrees

Date: Nov 22, 2003

REISS v. REISS: Affirming Non-Employee Spouse’s Entitlement to Total Retirement Benefits Under Clear Divorce Decrees Introduction REISS v. REISS (118 S.W.3d 439, Supreme Court of Texas, 2003) is a...

No Coverage for Diminished Value After Adequate Repairs: Texas Supreme Court Sets Precedent

Date: Oct 18, 2003

No Coverage for Diminished Value After Adequate Repairs: Texas Supreme Court Sets Precedent Introduction In the landmark case of American Manufacturers Mutual Insurance Company, et al. v. Gary...

Clear and Convincing Evidence Standard in Parental Rights Termination Established

Date: Oct 17, 2003

Clear and Convincing Evidence Standard in Parental Rights Termination Established Introduction The case In the Interest of J.T.G., H.N.M., M.D.M., B.M.L., Children. adjudicated by the Court of...

Texas Supreme Court Restricts Overbroad Discovery Interrogatories via Mandamus in In Re CSX Corporation

Date: Oct 4, 2003

Texas Supreme Court Restricts Overbroad Discovery Interrogatories via Mandamus in In Re CSX Corporation Introduction The case of In Re CSX Corporation, National Marine Inc., and Vectura Group (124...

Texas Supreme Court Establishes Emergency Exception to Parental Consent for Life-Sustaining Treatment of Premature Infants

Date: Oct 1, 2003

Texas Supreme Court Establishes Emergency Exception to Parental Consent for Life-Sustaining Treatment of Premature Infants Introduction The case of Miller v. HCA, Inc. before the Supreme Court of...

Contractual Obligations in Lease Agreements: The Renaissance Women's Center Case

Date: Oct 1, 2003

Contractual Obligations in Lease Agreements: The Renaissance Women's Center Case Introduction The case of Universal Health Services, Inc., RCW of Edmond, Inc., Renaissance Women's Center of Austin...

Texas Supreme Court Establishes Geological Seismic Data as Trade Secrets

Date: Sep 26, 2003

Texas Supreme Court Establishes Geological Seismic Data as Trade Secrets Introduction In the landmark case In re Lee M. Bass, Lee M. Bass, Inc., and Palladian Corporation, Relators, the Supreme Court...

Golden Eagle Archery, Inc. v. Ronald Jackson: Establishing a New Standard for Factual Sufficiency Review in Overlapping Damage Categories

Date: Sep 12, 2003

Golden Eagle Archery, Inc. v. Ronald Jackson: Establishing a New Standard for Factual Sufficiency Review in Overlapping Damage Categories Introduction The case of Golden Eagle Archery, Inc. v. Ronald...

Reinforcing Legal Standards for Disability Discrimination and Emotional Distress in Employment Law: Analysis of WAL-MART STORES, INC. v. Canchola

Date: Sep 5, 2003

Reinforcing Legal Standards for Disability Discrimination and Emotional Distress in Employment Law: Analysis of WAL-MART STORES, INC. v. Canchola Introduction The case of Wal-Mart Stores, Inc. v....

King Ranch v. Chapman Heirs: Upholding Judicial Finality and Adverse Possession Against Extrinsic Fraud Claims

Date: Aug 29, 2003

King Ranch v. Chapman Heirs: Upholding Judicial Finality and Adverse Possession Against Extrinsic Fraud Claims Introduction In the landmark case King Ranch, Inc. v. William Warren Chapman, III, et...