Texas Case Commentaries

Texas Supreme Court Establishes Attorney Liability to Nonclients under Negligent Misrepresentation

Date: Apr 30, 1999

Texas Supreme Court Establishes Attorney Liability to Nonclients under Negligent Misrepresentation Introduction In the landmark case of McCAMISH, MARTIN, BROWN LOEFFLER v. F. E. APPLING INTERESTS,...

Coverage for Accidental Firearm Discharge Under Uninsured Motorist Provisions: Insights from Mid-Century Insurance v. Lindsey

Date: Apr 9, 1999

Coverage for Accidental Firearm Discharge Under Uninsured Motorist Provisions: Insights from Mid-Century Insurance v. Lindsey Introduction In Mid-Century Insurance Company of Texas v. Richard...

Jones Act Section 688(b) Preempts State Law Claims for Foreign Seamen Injured in Foreign Territorial Waters

Date: Apr 9, 1999

Jones Act Section 688(b) Preempts State Law Claims for Foreign Seamen Injured in Foreign Territorial Waters Introduction In the landmark case of Hans-Henning Stier v. Reading Bates Corporation and...

Quo Warranto and Procedural Due Process: The Bradley v. Texas Decision

Date: Apr 9, 1999

Quo Warranto and Procedural Due Process: The Bradley v. Texas Decision Introduction The case of Scott Bradley v. The State of Texas on the Relation of Dale White (990 S.W.2d 245) adjudicated by the...

Guardians Ad Litem Fee Determinations Require Evidentiary Support: Texas Supreme Court Establishes Enhanced Scrutiny

Date: Apr 2, 1999

Guardians Ad Litem Fee Determinations Require Evidentiary Support: Texas Supreme Court Establishes Enhanced Scrutiny Introduction The case of Samuel T. Garcia, Jr., M.D. v. Miroslava Martinez...

Preservation of Error in Juvenile Proceedings: Comprehensive Analysis of In the Matter of C.O.S.

Date: Apr 2, 1999

Preservation of Error in Juvenile Proceedings: Comprehensive Analysis of In the Matter of C.O.S. Introduction In the landmark case In the Matter of C.O.S., Petitioner (988 S.W.2d 760), decided by the...

DELP v. DOUGLAS: Establishing Limits on Mental Anguish Damages in Legal Malpractice under the DTPA

Date: Mar 26, 1999

DELP v. DOUGLAS: Establishing Limits on Mental Anguish Damages in Legal Malpractice under the DTPA Introduction The case of Benjamin A. Douglas and Douglas, Kressler, Wuester, P.C. v. Gertrude Delp...

Clarification of the Discovery Rule in Statute of Limitations for DTPA and Negligence Claims

Date: Mar 26, 1999

Clarification of the Discovery Rule in Statute of Limitations for DTPA and Negligence Claims Introduction The legal landscape surrounding the statute of limitations for claims under the Deceptive...

Mandatory Simultaneous Filing and the Mailbox Rule in Judicial Review of Workers' Compensation Decisions

Date: Mar 12, 1999

Mandatory Simultaneous Filing and the Mailbox Rule in Judicial Review of Workers' Compensation Decisions Introduction The case of Albertson's Inc. v. Charles Sinclair (984 S.W.2d 958) adjudicated by...

Judicial Accountability Enhanced: Removal of Judge James L. "Jim" Barr for Willful Misconduct

Date: Mar 2, 1999

Judicial Accountability Enhanced: Removal of Judge James L. "Jim" Barr for Willful Misconduct Introduction The case of In re James L. "Jim" Barr, Judge, 337th Judicial District Court of Texas (13...

Validating Facsimile Signatures in Judicial Orders: Insights from In re Velma Barber

Date: Feb 5, 1999

Validating Facsimile Signatures in Judicial Orders: Insights from In re Velma Barber Introduction In re Velma Barber, 982 S.W.2d 364 (Tex. 1999), is a pivotal case decided by the Supreme Court of...

Enforcement of Injunctions During Appeals: Insights from In re Bill LONG

Date: Jan 8, 1999

Enforcement of Injunctions During Appeals: Insights from In re Bill LONG Introduction In re Bill LONG, District Clerk, Dallas County, Relator (984 S.W.2d 623) is a pivotal judgment issued by the...

Intentional Infliction of Emotional Distress Requires Intended or Primary Risk of Severe Emotional Harm

Date: Jan 1, 1999

Intentional Infliction of Emotional Distress Requires Intended or Primary Risk of Severe Emotional Harm Introduction Standard Fruit and Vegetable Co., Inc., Bright Truck Leasing Corporation, and...

Provident American v. Denise Castañeda: Redefining Bad Faith in Insurance Claims

Date: Jan 1, 1999

Provident American v. Denise Castañeda: Redefining Bad Faith in Insurance Claims Introduction The case of Provident American Insurance Company v. Denise Castañeda, decided by the Supreme Court of...

Establishing Strict Disqualification Standards under Rule 1.09: In re EPIC HOLDINGS, Inc. Case Analysis

Date: Jan 1, 1999

Establishing Strict Disqualification Standards under Rule 1.09: In re EPIC HOLDINGS, Inc. Case Analysis Introduction The In re EPIC HOLDINGS, Inc. case represents a pivotal moment in Texas legal...

Occupancy Interpretation in Pollution Exclusion: Kelley-Coppedge, Inc. v. Highlands Insurance Co.

Date: Nov 13, 1998

Occupancy Interpretation in Pollution Exclusion: Kelley-Coppedge, Inc. v. Highlands Insurance Co. Introduction The case of Kelley-Coppedge, Inc. (KCI) v. Highlands Insurance Company revolved around...

No Implied Covenant to Notify in Mineral Leases: HECI Exploration Co. v. Neel

Date: Oct 30, 1998

No Implied Covenant to Notify in Mineral Leases: HECI Exploration Co. v. Neel Introduction HECI Exploration Company and Browning Oil Company, Inc. v. Russell H. Neel, Sr., Russell H. Neel, Jr., LeRoy...

Strict Products Liability and Design Defects: UNIROYAL GOODRICH v. MARTINEZ

Date: Oct 16, 1998

Strict Products Liability and Design Defects: UNIROYAL GOODRICH v. MARTINEZ Introduction Uniroyal Goodrich Tire Company v. Roberto O. Martinez and Juanita Martinez is a pivotal case decided by the...

Establishing Limited-Purpose Public Figure Status in Defamation: WFAA-TV, Inc. v. John McLemore

Date: Sep 25, 1998

Establishing Limited-Purpose Public Figure Status in Defamation: WFAA-TV, Inc. v. John McLemore Introduction The case of WFAA-TV, Inc. v. John McLemore represents a significant legal examination of...

St. Paul Surplus Lines Insurance Co. v. Dal-Worth Tank Co.: Key Rulings on Insurance Liability and Damages

Date: Aug 26, 1998

St. Paul Surplus Lines Insurance Co. v. Dal-Worth Tank Co.: Key Rulings on Insurance Liability and Damages Introduction The case of St. Paul Surplus Lines Insurance Company, Inc. v. Dal-Worth Tank...

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