Texas Case Commentaries

Reliability of Expert Appraisal Testimony in Condemnation Actions: Insights from Guadalupe-Blanco River Authority v. Kraft

Date: May 10, 2002

Reliability of Expert Appraisal Testimony in Condemnation Actions: Insights from Guadalupe-Blanco River Authority v. Kraft Introduction The case of Guadalupe-Blanco River Authority v. Marvin Kraft,...

Texas Supreme Court Upholds Edwards Aquifer Authority's Rulemaking Exemption from TIA Requirements under the Private Real Property Rights Preservation Act

Date: May 10, 2002

Texas Supreme Court Upholds Edwards Aquifer Authority's Rulemaking Exemption from TIA Requirements under the Private Real Property Rights Preservation Act Introduction In the landmark case of Glenn...

Defining Independent Contractor Status and Employer Liability: A Comprehensive Analysis of Limestone Products Distribution, Inc. v. McNamara

Date: Apr 26, 2002

Defining Independent Contractor Status and Employer Liability: A Comprehensive Analysis of Limestone Products Distribution, Inc. v. McNamara Introduction The case of Limestone Products Distribution,...

Establishing Duty of Care for General Contractors: Lee Lewis Construction, Inc. v. Norma Harrison

Date: Apr 16, 2002

Establishing Duty of Care for General Contractors: Lee Lewis Construction, Inc. v. Norma Harrison Introduction In the landmark case of Lee Lewis Construction, Inc., Petitioner v. Norma Harrison, the...

Clarifying Standards for Counsel Disqualification: Insights from In re Nitla S.A. de C.V.

Date: Apr 12, 2002

Clarifying Standards for Counsel Disqualification: Insights from In re Nitla S.A. de C.V. Introduction The Supreme Court of Texas, in In re Nitla S.A. de C.V., Relator, 92 S.W.3d 419 (2002),...

Sovereign Immunity Reinforced: Supreme Court of Texas Upholds State's Shield Against Breach of Contract Claims

Date: Apr 12, 2002

Sovereign Immunity Reinforced: Supreme Court of Texas Upholds State's Shield Against Breach of Contract Claims Introduction The case of Texas Natural Resource Conservation Commission v. IT-Davy (74...

Affirmation of Constitutional Validity of Workers' Compensation Fund Contributions under Texas Constitution

Date: Apr 5, 2002

Affirmation of Constitutional Validity of Workers' Compensation Fund Contributions under Texas Constitution Introduction In the landmark case Texas Municipal League Intergovernmental Risk Pool v....

Enforceability of Liability Limitations in Utility Tariffs: Insights from Southwestern Electric Power Co. v. Mur Lee Grant

Date: Mar 29, 2002

Enforceability of Liability Limitations in Utility Tariffs: Insights from Southwestern Electric Power Co. v. Mur Lee Grant Introduction Southwestern Electric Power Company v. Mur Lee Grant is a...

Clarifying Fiduciary Duties of Law Firm Associates in Client Referrals: Analysis of Johnson v. Pritchard

Date: Mar 22, 2002

Clarifying Fiduciary Duties of Law Firm Associates in Client Referrals: Analysis of Johnson v. Pritchard Introduction The case of Nick Johnson and James W. Chang, Petitioners v. Brewer Pritchard,...

Statute of Limitations in Medical Malpractice: Shah v. Moss

Date: Mar 22, 2002

Statute of Limitations in Medical Malpractice: Shah v. Moss Introduction The case Harshad G. Shah, M.D., Petitioner v. Ronald Moss, Respondent, reported as 67 S.W.3d 836 by the Supreme Court of Texas...

ERISA Preempts State Community Property Claims in Life Insurance Proceeds: BARNETT v. BARNETT

Date: Feb 15, 2002

ERISA Preempts State Community Property Claims in Life Insurance Proceeds: BARNETT v. BARNETT Introduction Case Citation: Dora Ernestine Luck Barnett, et al., Petitioners v. Marleen Ko (67 S.W.3d...

Exclusive Jurisdiction of Workers' Compensation Commission in Benefit Denials: Fodge v. American Motorists Insurance Co.

Date: Feb 1, 2002

Exclusive Jurisdiction of Workers' Compensation Commission in Benefit Denials: Fodge v. American Motorists Insurance Co. Introduction The case of American Motorists Insurance Co. and Thom Gibson v....

Fraudulent Inducement Requires Enforceable Contract: Texas Supreme Court Sets Clear Boundaries Under the Statute of Frauds

Date: Jan 18, 2002

Fraudulent Inducement Requires Enforceable Contract: Texas Supreme Court Sets Clear Boundaries Under the Statute of Frauds Introduction In R.E. Haase and PRH Investments, Inc. v. Joseph K. Glazner,...

Landlord's Contractual Right to Reimburse Tenant for Damages: Analysis of CHURCHILL FORGE, INC. v. JOANN HAMILTON BROWN

Date: Jan 11, 2002

Landlord's Contractual Right to Reimburse Tenant for Damages: Analysis of CHURCHILL FORGE, INC. v. JOANN HAMILTON BROWN Case Information Case: CHURCHILL FORGE, INC., Petitioner, v. JOANN HAMILTON...

Application of the Discovery Rule in Royalty Dispute: Wagner Brown v. Horwood & Glass

Date: Nov 30, 2001

Application of the Discovery Rule in Royalty Dispute: Wagner Brown v. Horwood & Glass Introduction The case of Wagner Brown, Ltd., and Canyon Energy, Inc. d/b/a Canyon Pipeline Corp. v. Lonnie...

Special Damages in Condemnation: Insights from Interstate Northborough Partnership v. State of Texas

Date: Oct 26, 2001

Special Damages in Condemnation: Insights from Interstate Northborough Partnership v. State of Texas Introduction Interstate Northborough Partnership, et al. v. State of Texas is a landmark decision...

Affirmation of Parental Rights Termination Under Clear and Convincing Evidence Standard

Date: Oct 5, 2001

Affirmation of Parental Rights Termination Under Clear and Convincing Evidence Standard Introduction In the landmark case In the Interest of D.M., B.W., and J.C.W. (58 S.W.3d 801), adjudicated by the...

Bally Total Fitness v. Keith Jackson: Interlocutory Appeal Jurisdiction in Class Actions

Date: Sep 28, 2001

Bally Total Fitness v. Keith Jackson: Interlocutory Appeal Jurisdiction in Class Actions Introduction In Bally Total Fitness Corporation f/k/a Health Tennis Corporation of America v. Keith Jackson,...

Supreme Court of Texas Limits PUC's Authority to Set Wholesale Transmission Rates Under PURA95

Date: Sep 21, 2001

Supreme Court of Texas Limits PUC's Authority to Set Wholesale Transmission Rates Under PURA95 Introduction The case of Public Utility Commission of Texas, et al., Petitioners v. City Public Service...

JOHN v. MARSHALL HEALTH SERVices: Affirming the Finality of Judgments and Revisiting Rule 306a(5) Motion Deadlines

Date: Sep 21, 2001

JOHN v. MARSHALL HEALTH SERVices: Affirming the Finality of Judgments and Revisiting Rule 306a(5) Motion Deadlines Introduction In Christopher Leigh JOHN v. MARSHALL HEALTH SERVices, Inc. and...