Texas Case Commentaries

Reestablishing Foreseeability Instructions in FELA Claims: Union Pacific Railroad Co. v. Williams

Date: Aug 23, 2002

Reestablishing Foreseeability Instructions in FELA Claims: Union Pacific Railroad Co. v. Williams Introduction The case of Union Pacific Railroad Company v. Seymour Williams, decided by the Supreme...

County of Cameron v. Brown: Defining Premises Defect and Governmental Immunity under Texas Tort Claims Act

Date: Aug 23, 2002

County of Cameron v. Brown: Defining Premises Defect and Governmental Immunity under Texas Tort Claims Act Introduction County of Cameron v. Charlene Mills Brown, indi, 80 S.W.3d 549 (Tex. 2002),...

Mandatory Ten-Day Judgment Rendering in District Court Appeals: Garza v. Texas Alcoholic Beverage Commission

Date: Jul 4, 2002

Mandatory Ten-Day Judgment Rendering in District Court Appeals: Garza v. Texas Alcoholic Beverage Commission Introduction In the landmark case Jose Luis Garza d/b/a Tropicana Night Club v. Texas...

Rocor International v. National Union: Establishing the Elements of Unfair Claim Settlement Practices under Texas Insurance Code Article 21.21

Date: Jul 4, 2002

Rocor International v. National Union: Establishing the Elements of Unfair Claim Settlement Practices under Texas Insurance Code Article 21.21 Introduction In the landmark case of Rocor...

Standardizing Appellate Review in Parental Termination Under Clear and Convincing Evidence: IN THE INTEREST OF C.H.

Date: Jul 4, 2002

Standardizing Appellate Review in Parental Termination Under Clear and Convincing Evidence: IN THE INTEREST OF C.H. Introduction IN THE INTEREST OF C.H., a minor child is a landmark 2002 decision by...

Reaffirmation of Settlement Credit Presumptions in Wrongful Death Cases under Texas Chapter 33

Date: Jul 4, 2002

Reaffirmation of Settlement Credit Presumptions in Wrongful Death Cases under Texas Chapter 33 Introduction The Supreme Court of Texas, in the landmark decision of Stephen James Utts, M.D.,...

Establishing Limits on General Jurisdiction: Insights from American Type Culture Collection, Inc. v. Marshall Coleman

Date: Jul 4, 2002

Establishing Limits on General Jurisdiction: Insights from American Type Culture Collection, Inc. v. Marshall Coleman Introduction The case of American Type Culture Collection, Inc. (ATCC) v....

Public Reprimand of Judge Rick Davis: Establishing New Standards for Judicial Conduct and Media Interaction

Date: Jul 3, 2002

Public Reprimand of Judge Rick Davis: Establishing New Standards for Judicial Conduct and Media Interaction Introduction In the case titled In re Honorable Rick Davis, Judge, 272nd District Court,...

Sovereign Immunity in Local Government Contracts: Supreme Court of Texas Upholds Strict Interpretation of §89.004 in Travis County v. Pelzel Associates

Date: Jun 28, 2002

Sovereign Immunity in Local Government Contracts: Supreme Court of Texas Upholds Strict Interpretation of §89.004 in Travis County v. Pelzel Associates Introduction In the landmark case of Travis...

Butnaru v. Ford Motor Company: Defining Exclusive and Primary Jurisdiction under the Texas Motor Vehicle Code

Date: Jun 28, 2002

Butnaru v. Ford Motor Company: Defining Exclusive and Primary Jurisdiction under the Texas Motor Vehicle Code Introduction In the landmark case of Hanan Butnaru and Gil Butnaru v. Ford Motor Company...

Supreme Court of Texas Establishes Rigorous Standards for Personal Jurisdiction over Foreign Corporations

Date: Jun 28, 2002

Supreme Court of Texas Establishes Rigorous Standards for Personal Jurisdiction over Foreign Corporations Introduction In the landmark case of BMC Software Belgium, N.V. v. Michel Marchand, the...

Employer Liability for Independent Contractor's Intoxication under the Texas Dram Shop Act

Date: Jun 28, 2002

Employer Liability for Independent Contractor's Intoxication under the Texas Dram Shop Act Introduction The case of D. Houston, Inc., d/b/a Treasures v. Melissa Love, adjudicated by the Supreme Court...

Establishing Good Faith in Official Immunity Claims During Arrests: Telthorster v. Tennell

Date: Jun 28, 2002

Establishing Good Faith in Official Immunity Claims During Arrests: Telthorster v. Tennell Introduction In the landmark case Mark Andrew Telthorster v. Ollie Lee Tennell, 92 S.W.3d 457 (Supreme Court...

Exxon Pipeline Co. v. Zwahr: Establishing Limits on Project Enhancement in Eminent Domain Valuations

Date: Jun 28, 2002

Exxon Pipeline Co. v. Zwahr: Establishing Limits on Project Enhancement in Eminent Domain Valuations Introduction Exxon Pipeline Company v. Daniel R. Zwahr and Sandra K. Zwahr, 88 S.W.3d 623 (Tex....

Prejudgment Interest Capped Under Subchapter K in Medical Liability Claims

Date: Jun 28, 2002

Prejudgment Interest Capped Under Subchapter K in Medical Liability Claims Introduction In the landmark case Columbia Hospital Corporation of Houston d/b/a Columbia Bellaire Medical Center v. Jesse...

Reaffirming the Palacios Test: Texas Supreme Court Sets Standards for Expert Reports in Medical Malpractice Cases

Date: Jun 14, 2002

Reaffirming the Palacios Test: Texas Supreme Court Sets Standards for Expert Reports in Medical Malpractice Cases Introduction The case of Bowie Memorial Hospital a/k/a Bowie Hospital District v....

Supreme Court of Texas Establishes Sovereign Immunity in Premise-Defect Claims: Texas Dept. of Transportation v. Ramirez

Date: Jun 7, 2002

Supreme Court of Texas Establishes Sovereign Immunity in Premise-Defect Claims: Texas Dept. of Transportation v. Ramirez Introduction In the landmark case of Texas Department of Transportation v....

Binding Jury Verdict on Primary Residence in Custody Modifications: Insights from Rosemarie Klara Lenz v. Heinrich Rudolph Lenz

Date: Jun 7, 2002

Binding Jury Verdict on Primary Residence in Custody Modifications: Insights from Rosemarie Klara Lenz v. Heinrich Rudolph Lenz Introduction The case of Rosemarie Klara Lenz, Petitioner v. Heinrich...

Supreme Court of Texas Limits Appellate Modification of Trial Court Judgment under Rule 279 in Gulf States Utilities Co. v. Wyley Low

Date: May 31, 2002

Supreme Court of Texas Limits Appellate Modification of Trial Court Judgment under Rule 279 in Gulf States Utilities Co. v. Wyley Low Introduction In the landmark case of Gulf States Utilities...

Establishing Nonconforming Use Rights Through Preexisting Leases: Insights from The Board of Adjustment of San Antonio v. Ste

Date: May 24, 2002

Establishing Nonconforming Use Rights Through Preexisting Leases: Insights from The Board of Adjustment of San Antonio v. Ste Introduction In the landmark case The Board of Adjustment of the City of...