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  • Commentaries
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Texas Case Commentaries

Mere Nonperformance Under Contract Does Not Constitute DTPA Violation: Crawford v. Ace Sign

Mere Nonperformance Under Contract Does Not Constitute DTPA Violation: Crawford v. Ace Sign

Date: Feb 10, 1996
Mere Nonperformance Under Contract Does Not Constitute DTPA Violation: Crawford v. Ace Sign Introduction The case Larry Crawford, Southwestern Bell Media, Inc., and Southwestern Bell Yellow Pages,...
Attorney-Client Privilege in Fiduciary Relationships: Insights from Har v. K. Huie, Jr.

Attorney-Client Privilege in Fiduciary Relationships: Insights from Har v. K. Huie, Jr.

Date: Feb 10, 1996
Attorney-Client Privilege in Fiduciary Relationships: Insights from Har v. K. Huie, Jr. Introduction The case of Har v. K. Huie, Jr., decided by the Supreme Court of Texas on February 9, 1996,...
Factual Sufficiency Review in Criminal Appeals: CLEWIS v. STATE Establishes New Appellate Standard

Factual Sufficiency Review in Criminal Appeals: CLEWIS v. STATE Establishes New Appellate Standard

Date: Feb 1, 1996
Factual Sufficiency Review in Criminal Appeals: CLEWIS v. STATE Establishes New Appellate Standard Introduction CLEWIS v. STATE, 922 S.W.2d 126 (Tex. 1996), is a landmark decision by the Court of...
Severance Damages in Condemnation: Texas v. Heal Establishes Critical Boundaries

Severance Damages in Condemnation: Texas v. Heal Establishes Critical Boundaries

Date: Jan 19, 1996
Severance Damages in Condemnation: Texas v. Heal Establishes Critical Boundaries Introduction The landmark case, State of Texas and City of Dallas v. John C. Heal et ux., adjudicated by the Supreme...
Exemption from Temporary Field Rules: Railroad Commission of Texas v. Torch Operating Company

Exemption from Temporary Field Rules: Railroad Commission of Texas v. Torch Operating Company

Date: Dec 23, 1995
Exemption from Temporary Field Rules: Railroad Commission of Texas v. Torch Operating Company Introduction The case of Railroad Commission of Texas and Goodrich Oil Company v. Torch Operating Company...
Mandamus Relief Reinforces Arbitration Agreements in Securities Industry Disputes

Mandamus Relief Reinforces Arbitration Agreements in Securities Industry Disputes

Date: Nov 17, 1995
Mandamus Relief Reinforces Arbitration Agreements in Securities Industry Disputes Introduction The Supreme Court of Texas, on November 16, 1995, delivered a pivotal judgment in the case of Prudential...
Reaffirming the 'Reasonable Medical Probability' Standard in Wrongful Death Cases: Park Place Hospital v. Estate of Lola Milo

Reaffirming the 'Reasonable Medical Probability' Standard in Wrongful Death Cases: Park Place Hospital v. Estate of Lola Milo

Date: Nov 3, 1995
Reaffirming the 'Reasonable Medical Probability' Standard in Wrongful Death Cases: Park Place Hospital v. Estate of Lola Milo Introduction Park Place Hospital, Dorris Jones and George Zuzukin, M.D.,...
Preemption of Wrongful Death Statute of Limitations by the Medical Liability Act in Nataranja Bala v. Martha Sue Maxwell

Preemption of Wrongful Death Statute of Limitations by the Medical Liability Act in Nataranja Bala v. Martha Sue Maxwell

Date: Nov 3, 1995
Preemption of Wrongful Death Statute of Limitations by the Medical Liability Act Introduction In Nataranja Bala, M.D., Petitioner v. Martha Sue Maxwell, Indi (909 S.W.2d 889), the Supreme Court of...
Requirement of Knowing Conduct for Mental Anguish Damages under Article 21.21

Requirement of Knowing Conduct for Mental Anguish Damages under Article 21.21

Date: Oct 28, 1995
Requirement of Knowing Conduct for Mental Anguish Damages under Article 21.21 Introduction The case of State Farm Life Insurance Company and Ted H. Heaton, III v. Terri Beaston (907 S.W.2d 430)...
Unambiguous Application of Absolute Pollution Exclusions Affirmed by Texas Supreme Court

Unambiguous Application of Absolute Pollution Exclusions Affirmed by Texas Supreme Court

Date: Oct 6, 1995
Unambiguous Application of Absolute Pollution Exclusions Affirmed by Texas Supreme Court Introduction In the case of NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, et al. v. CBI...
Termination of Parental Rights Under TEX.FAM.CODE ANN. § 15.02: An Analytical Commentary

Termination of Parental Rights Under TEX.FAM.CODE ANN. § 15.02: An Analytical Commentary

Date: Aug 31, 1995
Termination of Parental Rights Under TEX.FAM.CODE ANN. § 15.02: An Analytical Commentary 1. Introduction The case of Byron Dupree and Bridgette Turner v. Texas Department of Protective and Regulatory...
Reaffirming and Clarifying Anders Brief Procedures in Texas Appellate Practice

Reaffirming and Clarifying Anders Brief Procedures in Texas Appellate Practice

Date: Aug 11, 1995
Reaffirming and Clarifying Anders Brief Procedures in Texas Appellate Practice Introduction The case Larry Fred Mays, Appellant, v. The STATE of Texas, State., adjudicated by the Court of Appeals of...
Exoneration Requirement for Legal Malpractice Claims by Convicted Defendants: Insights from PEELER v. HUGHES LUCE and Jordan

Exoneration Requirement for Legal Malpractice Claims by Convicted Defendants: Insights from PEELER v. HUGHES LUCE and Jordan

Date: Aug 2, 1995
Exoneration Requirement for Legal Malpractice Claims by Convicted Defendants: Insights from PEELER v. HUGHES LUCE and Jordan Introduction PEELER v. HUGHES LUCE and Jordan, 909 S.W.2d 494 (Tex. 1995),...
Defining Employer Negligence and Employee Duties: Insights from I.M. Werner v. Dixie Colwell

Defining Employer Negligence and Employee Duties: Insights from I.M. Werner v. Dixie Colwell

Date: Aug 2, 1995
Defining Employer Negligence and Employee Duties: Insights from I.M. Werner v. Dixie Colwell Introduction The case of I.M. Werner, Trustee for the Eastex Meat Processing, Inc. Employee Benefit Trust,...
Texas Supreme Court Affirms No Duty of Drug Testing Laboratories to Warn About Poppy Seed Effects on Test Results

Texas Supreme Court Affirms No Duty of Drug Testing Laboratories to Warn About Poppy Seed Effects on Test Results

Date: Jul 22, 1995
Texas Supreme Court Affirms No Duty of Drug Testing Laboratories to Warn About Poppy Seed Effects on Test Results Introduction In the landmark case of SmithKline Beecham Corporation and SmithKline...
Texas Supreme Court Establishes Clarity on Bad Faith Claims in Insurance Denials

Texas Supreme Court Establishes Clarity on Bad Faith Claims in Insurance Denials

Date: Jul 8, 1995
Texas Supreme Court Establishes Clarity on Bad Faith Claims in Insurance Denials Introduction The Supreme Court of Texas, in the landmark case of Republic Insurance Company and Southwest Adjusting...
Restricting Duty to Warn for Obvious Risks in Products Liability: Analysis of Caterpillar, Inc. v. Shears

Restricting Duty to Warn for Obvious Risks in Products Liability: Analysis of Caterpillar, Inc. v. Shears

Date: Jun 30, 1995
Restricting Duty to Warn for Obvious Risks in Products Liability: Analysis of Caterpillar, Inc. v. Shears Introduction The case of Caterpillar, Inc. and B.D. Holt Company v. Cipriano Shears et al.,...
Supreme Court of Texas Clarifies Annexation Limits for Type A Municipalities: Laidlaw Waste Systems v. City of Wilmer

Supreme Court of Texas Clarifies Annexation Limits for Type A Municipalities: Laidlaw Waste Systems v. City of Wilmer

Date: Jun 30, 1995
Supreme Court of Texas Clarifies Annexation Limits for Type A Municipalities: Laidlaw Waste Systems v. City of Wilmer Introduction The case of Laidlaw Waste Systems (Dallas), Inc. v. City of Wilmer,...
University of Texas Medical School at Houston v. Than: Enhancing Procedural Due Process in Academic Dismissals

University of Texas Medical School at Houston v. Than: Enhancing Procedural Due Process in Academic Dismissals

Date: Jun 23, 1995
University of Texas Medical School at Houston v. Than: Enhancing Procedural Due Process in Academic Dismissals Introduction University of Texas Medical School at Houston, John C. Ribble, M.D., and M....
Respondeat Superior Liability and Official Immunity: Insights from Clara DeWITT v. Harris County

Respondeat Superior Liability and Official Immunity: Insights from Clara DeWITT v. Harris County

Date: Jun 23, 1995
Respondeat Superior Liability and Official Immunity: Insights from Clara DeWITT v. Harris County Introduction Clara DeWITT Et Al. v. Harris County, Texas, 904 S.W.2d 650 (Supreme Court of Texas,...
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