Texas Case Commentaries

Mootness in Employment Discrimination Cases: SPEER v. PRESBYTERIAN CHILDREN'S HOME and Service Agency

Date: Feb 4, 1993

Mootness in Employment Discrimination Cases: SPEER v. PRESBYTERIAN CHILDREN'S HOME and Service Agency Introduction The case of Georgette Speer and the Texas Commission on Human Rights v. Presbyterian...

Principal Use Requirement for Agricultural Tax Classification Established in Tarrant Appraisal District v. Moore

Date: Jan 28, 1993

Principal Use Requirement for Agricultural Tax Classification Established in Tarrant Appraisal District v. Moore Introduction The case of Tarrant Appraisal District and Tarrant Appraisal Review Board...

DTPA Notice Requirements: Abatement as the Proper Remedy for Non-Compliance

Date: Jan 28, 1993

DTPA Notice Requirements: Abatement as the Proper Remedy for Non-Compliance Introduction The case of Dutch Hines v. C.W. Hash, Jr. (843 S.W.2d 464) adjudicated by the Supreme Court of Texas in 1993...

Independent Theories of Negligence in Premises Liability: Clarifying Pleading and Submission Requirements

Date: Jan 28, 1993

Independent Theories of Negligence in Premises Liability: Clarifying Pleading and Submission Requirements Introduction The case of H.E. Butt Grocery Company v. Mr. and Mrs. Richard Warner,...

ELBAOR v. SMITH: Texas Supreme Court Declares Mary Carter Agreements Void and Mandates Consideration of Contributory Negligence in Medical Malpractice Cases

Date: Jan 21, 1993

ELBAOR v. SMITH: Texas Supreme Court Declares Mary Carter Agreements Void and Mandates Consideration of Contributory Negligence in Medical Malpractice Cases Introduction The case of James E. Elbaor,...

Railroad Commission of Texas v. Lone Star Gas Co.: Upholding State Regulatory Authority in Natural Gas Industry

Date: Jan 1, 1993

Railroad Commission of Texas v. Lone Star Gas Co.: Upholding State Regulatory Authority in Natural Gas Industry Introduction Railroad Commission of Texas and Dan Morales, Attorney General, as...

Chrysler Corporation v. Blackmon: Texas Supreme Court Establishes Limits on 'Death Penalty' Discovery Sanctions

Date: Jan 1, 1993

Chrysler Corporation v. Blackmon: Texas Supreme Court Establishes Limits on "Death Penalty" Discovery Sanctions Introduction In Chrysler Corporation v. The Honorable Robert Blackmon, decided on...

Clarifying Governmental Duty of Care: Insights from Payne v. State Department of Highways Public Transportation

Date: Dec 23, 1992

Clarifying Governmental Duty of Care: Insights from Payne v. State Department of Highways Public Transportation Introduction In the case of Payne v. State Department of Highways Public Transportation...

Expansion of Equitable Subrogation Rights for Excess Insurers: American Centennial Ins. Co. v. Canal Ins. Co.

Date: Dec 17, 1992

Expansion of Equitable Subrogation Rights for Excess Insurers: American Centennial Ins. Co. v. Canal Ins. Co. Introduction In American Centennial Insurance Company and First State Insurance Company...

Texas Supreme Court Establishes Mandatory 30-Day Forfeiture Hearing Requirement

Date: Dec 17, 1992

Texas Supreme Court Establishes Mandatory 30-Day Forfeiture Hearing Requirement Introduction In the landmark case of The STATE of Texas v. Selestine Ara Lovelace, decided on December 16, 1992, the...

Impossibility Doctrine in Contract Law: Centex Corporation v. John Dalton

Date: Dec 17, 1992

Impossibility Doctrine in Contract Law: Centex Corporation v. John Dalton Introduction Centex Corporation v. John Dalton, 840 S.W.2d 952 (Tex. Sup. Ct. 1992), is a pivotal case that addresses the...

Wrongful Death Actions Barred by Statute of Limitations When Decedent's Claims Are Time-Barred: Texas Supreme Court

Date: Dec 10, 1992

Wrongful Death Actions Barred by Statute of Limitations When Decedent's Claims Are Time-Barred: Texas Supreme Court Introduction In the case of Betty Parr Russell, Indi v. Ingersoll-Rand Company, et...

Affirmation of Premises Liability Principles in Keetch v. The Kroger Company

Date: Dec 3, 1992

Affirmation of Premises Liability Principles in Keetch v. The Kroger Company Introduction Linda Keetch, the petitioner, brought a case against The Kroger Company, the respondent, alleging negligence...

Enforcement of Arbitration Agreements Under the Federal Arbitration Act: Insights from JACK B. ANGLIN CO., INC. v. The Honorable Arthur TIPPS

Date: Nov 19, 1992

Enforcement of Arbitration Agreements Under the Federal Arbitration Act: Insights from JACK B. ANGLIN CO., INC. v. The Honorable Arthur TIPPS Introduction The case of JACK B. ANGLIN CO., INC. v. The...

Good Cause Exception for Undisclosed Party Witnesses Under TEX.R.Civ.P.215(5): Miller v. Bynum and Starfire Engineering

Date: Oct 8, 1992

Good Cause Exception for Undisclosed Party Witnesses Under TEX.R.Civ.P.215(5): Miller v. Bynum and Starfire Engineering Introduction In the landmark case of Henry S. Miller Company v. Douglas S....

Transactional Approach to Res Judicata Established in George J. Barr v. Resolution Trust Corp.

Date: Sep 24, 1992

Transactional Approach to Res Judicata Established in George J. Barr v. Resolution Trust Corp. Introduction The case of George J. Barr v. Resolution Trust Corp., ex rel. Sunbelt Federal Savings (837...

Limitation of Sovereign Immunity in School Bus Incidents under the Texas Tort Claims Act

Date: Sep 24, 1992

Limitation of Sovereign Immunity in School Bus Incidents under the Texas Tort Claims Act Introduction The case of Joyce LeLEAUX, Individually and as Next Friend of Monica LeLeaux, a Minor v....

Teresa Black v. Dallas County Child Welfare Unit: Establishing Standards for Attorney's Fees Recovery Against State Agencies

Date: Sep 24, 1992

Teresa Black v. Dallas County Child Welfare Unit: Establishing Standards for Attorney's Fees Recovery Against State Agencies Introduction The Supreme Court of Texas, in the case of Teresa Black v....

Entitlement of Non-Panel Justices to File Dissents: O'Connor v. First Court of Appeals

Date: Sep 17, 1992

Entitlement of Non-Panel Justices to File Dissents: O'Connor v. First Court of Appeals Introduction Michol O'Connor v. First Court of Appeals (837 S.W.2d 94, Supreme Court of Texas, 1992) is a...

Taxpayer Attorney Fees Entitlement in Open-Space Land Designation Challenges: An Analysis of Dallas Central Appraisal District v. Seven Investment Company

Date: Sep 10, 1992

Taxpayer Attorney Fees Entitlement in Open-Space Land Designation Challenges: An Analysis of Dallas Central Appraisal District v. Seven Investment Company Introduction The case of Dallas Central...

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