Texas Case Commentaries

Comprehensive Analysis of Keck v. National Union Fire Insurance Co.: Expanding the Boundaries of Equitable Subrogation and Release Agreements

Date: May 26, 2000

Expanding the Boundaries of Equitable Subrogation and Release Agreements: Keck v. National Union Fire Insurance Co. Introduction The case of Keck, Mahin Cate, Grant Cook, and Robert A. Plessala,...

Southwestern Refining Co. v. Bernal: Striking Down Improper Class Certification in Mass Tort Litigation

Date: May 12, 2000

Southwestern Refining Co. v. Bernal: Striking Down Improper Class Certification in Mass Tort Litigation Introduction In the landmark case of Southwestern Refining Company, Inc., Kerr-McGee...

Dean Huckabee v. Time Warner Entertainment Co.: Establishing Standards for Actual Malice in Defamation Cases

Date: May 5, 2000

Dean Huckabee v. Time Warner Entertainment Co.: Establishing Standards for Actual Malice in Defamation Cases Introduction In the landmark case Dean Huckabee, Petitioner v. Time Warner Entertainment...

Texas Supreme Court Establishes Mandatory Simultaneous Filing and Evidentiary Compliance in Workers' Compensation Cases

Date: May 5, 2000

Texas Supreme Court Establishes Mandatory Simultaneous Filing and Evidentiary Compliance in Workers' Compensation Cases Introduction The Texas Supreme Court, in the case of National Liability and...

Indemnification Limits in Agency-Company Agreements: Gulf Insurance Co. v. Burns Motors

Date: Apr 21, 2000

Indemnification Limits in Agency-Company Agreements: Gulf Insurance Co. v. Burns Motors Introduction The Supreme Court of Texas, in the landmark case of The Gulf Insurance Company and Select...

Texas Supreme Court Establishes Exclusive Workers' Compensation Coverage Rights for Staff Leasing Companies under SLSA

Date: Apr 7, 2000

Texas Supreme Court Establishes Exclusive Workers' Compensation Coverage Rights for Staff Leasing Companies under SLSA Introduction The case of Texas Workers' Compensation Insurance Fund v. DEL...

Judicial Preference in Parental Notification for Minor Abortions: Analysis of IN RE JANE DOE 2

Date: Mar 8, 2000

Judicial Preference in Parental Notification for Minor Abortions: Analysis of IN RE JANE DOE 2 (19 S.W.3d 278) Introduction IN RE JANE DOE 2, decided by the Supreme Court of Texas on March 7, 2000,...

Defining 'Mature and Sufficiently Well Informed' in Texas' Parental Notification Statute: Analysis of In Re Jane Doe

Date: Feb 26, 2000

Defining 'Mature and Sufficiently Well Informed' in Texas' Parental Notification Statute: Analysis of In Re Jane Doe Introduction In In Re Jane Doe (19 S.W.3d 249), the Supreme Court of Texas...

Equal Treaty Rights in Texas Wrongful Death Litigation: Insights from DUBAI PETROLEUM COMPANY v. SABIHA ALIMUDDIN KAZI

Date: Feb 11, 2000

Equal Treaty Rights in Texas Wrongful Death Litigation: Insights from DUBAI PETROLEUM COMPANY v. SABIHA ALIMUDDIN KAZI Introduction The Supreme Court of Texas rendered a pivotal decision in the case...

Establishing the Limits of Constructive Knowledge in Premises Liability: CMH Homes v. Daenen

Date: Feb 11, 2000

Establishing the Limits of Constructive Knowledge in Premises Liability: CMH Homes, Inc. v. Daenen Introduction In CMH Homes, Inc. and CMH Homes, Inc. d/b/a Luv Homes, Petitioner v. Kirk Daenen,...

Affirmation of the Factual Sufficiency Review Standard in Criminal Appeals: JOHNSON v. STATE

Date: Feb 10, 2000

Affirmation of the Factual Sufficiency Review Standard in Criminal Appeals: JOHNSON v. STATE Introduction Jimmie Lee Johnson v. The State of Texas, 23 S.W.3d 1 (2000), is a pivotal case adjudicated...

Freedom of Association and Election Code Enforcement: Insights from Osterberg v. Peça

Date: Feb 4, 2000

Freedom of Association and Election Code Enforcement: Insights from Osterberg v. Peça Introduction The case of Robert and Olga Osterberg v. Peter S. Peça, Jr. (12 S.W.3d 31, 2000) serves as a pivotal...

Expanding Agent Protections and Ensuring Judicial Integrity: Insights from CASTEEL v. CROWN LIFE INSurance

Date: Jan 28, 2000

Expanding Agent Protections and Ensuring Judicial Integrity: Insights from CASTEEL v. CROWN LIFE INSurance Introduction In the landmark case of CROWN LIFE INSURANCE COMPANY v. William E. Casteel...

Restricting the Deliberative Process Privilege: Insights from City of Garland v. The Dallas Morning News

Date: Jan 14, 2000

Restricting the Deliberative Process Privilege: Insights from City of Garland v. The Dallas Morning News Introduction City of Garland, Texas and Ron Holifield, Petitioners v. The Dallas Morning News,...

Extending Plenary Power through Post-Judgment Sanctions Motions under Rule 329b(g)

Date: Jan 7, 2000

Extending Plenary Power through Post-Judgment Sanctions Motions under Rule 329b(g) Introduction In the landmark case of Lane Bank Equipment Co. v. Smith Southern Equipment, Inc. (10 S.W.3d 308,...

Premises Owner Liability for Independent Contractor Safety: Insights from Koch Refining Co. v. Chapa

Date: Dec 17, 1999

Premises Owner Liability for Independent Contractor Safety: Insights from Koch Refining Co. v. Chapa Introduction Koch Refining Company v. Chapa, 11 S.W.3d 153 (1999), is a pivotal case decided by...

Texas Supreme Court Recognizes Indirect Taxpayers' Right to Seek Tax Refunds Without Assignment

Date: Dec 10, 1999

Texas Supreme Court Recognizes Indirect Taxpayers' Right to Seek Tax Refunds Without Assignment Introduction In the landmark case of Fleming Foods of Texas, Inc. v. Carole Keeton Rylander,...

Establishing Due Diligence Standards in Bill of Review: Wembley Investment Co. v. Rosaura Herrera

Date: Dec 3, 1999

Establishing Due Diligence Standards in Bill of Review: Wembley Investment Co. v. Rosaura Herrera Introduction In the landmark case of Wembley Investment Company v. Rosaura Herrera, the Supreme Court...

Enforcing Arbitration Provisions Under the Federal Arbitration Act: Analysis of In re L L Kempwood Associates, L.P. v. Omega Builders, Inc.

Date: Dec 3, 1999

Enforcing Arbitration Provisions Under the Federal Arbitration Act: Analysis of In re L L Kempwood Associates, L.P. v. Omega Builders, Inc. Introduction The case of In re L L Kempwood Associates,...

El Paso Natural Gas Co. v. Minco Oil Gas, Inc. & Doornbos Trustee: Enforceability of Final Releases Under the UCC

Date: Nov 19, 1999

El Paso Natural Gas Co. v. Minco Oil Gas, Inc. & Doornbos Trustee: Enforceability of Final Releases Under the UCC Introduction The Supreme Court of Texas, in El Paso Natural Gas Co. v. Minco Oil Gas,...