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  • Commentaries
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Texas Case Commentaries

“Practicable to Proceed,” Not “Probable Cause”: The Texas Supreme Court Clarifies Juvenile Transfer Standard Under Family Code § 54.02(j)(4)(A)

“Practicable to Proceed,” Not “Probable Cause”: The Texas Supreme Court Clarifies Juvenile Transfer Standard Under Family Code § 54.02(j)(4)(A)

Date: Apr 15, 2025
“Practicable to Proceed,” Not “Probable Cause”: The Texas Supreme Court Clarifies Juvenile Transfer Standard Under Family Code § 54.02(j)(4)(A) I. Introduction In In the Matter of J.J.T., No. 23-1028...
Distinguishing Knowledge of a Lawsuit from Service of Citation: The Supreme Court of Texas Refines the Craddock Test in Tabakman v. Tabakman

Distinguishing Knowledge of a Lawsuit from Service of Citation: The Supreme Court of Texas Refines the Craddock Test in Tabakman v. Tabakman

Date: Apr 12, 2025
Distinguishing Knowledge of a Lawsuit from Service of Citation: The Supreme Court of Texas Refines the Craddock Test in Tabakman v. Tabakman I. Introduction The Supreme Court of Texas’s per curiam...
Raoger Corporation v. Myers: Circumstantial Evidence, “Inference on Inference,” and the High Bar for Obvious Intoxication Under the Texas Dram Shop Act

Raoger Corporation v. Myers: Circumstantial Evidence, “Inference on Inference,” and the High Bar for Obvious Intoxication Under the Texas Dram Shop Act

Date: Apr 12, 2025
Raoger Corporation v. Myers: Circumstantial Evidence, “Inference on Inference,” and the High Bar for Obvious Intoxication Under the Texas Dram Shop Act I. Introduction In Raoger Corporation v. Myers,...
Whole-Water Antidegradation Review Under Texas Law: Commentary on Save Our Springs Alliance v. TCEQ & City of Dripping Springs

Whole-Water Antidegradation Review Under Texas Law: Commentary on Save Our Springs Alliance v. TCEQ & City of Dripping Springs

Date: Apr 12, 2025
Whole-Water Antidegradation Review Under Texas Law: Commentary on Save Our Springs Alliance, Inc. v. TCEQ & City of Dripping Springs I. Introduction In Save Our Springs Alliance, Inc. v. Texas...
Unequivocal Abandonment of Termination Requests in Texas Parental-Rights Cases: Commentary on D.V. v. Texas DFPS

Unequivocal Abandonment of Termination Requests in Texas Parental-Rights Cases: Commentary on D.V. v. Texas DFPS

Date: Apr 10, 2025
Unequivocal Abandonment of Termination Requests in Texas Parental-Rights Cases: Commentary on D.V. v. Texas Department of Family and Protective Services I. Introduction The Supreme Court of Texas’s...
Independent Medical Judgment and Vicarious Liability: The Texas Supreme Court’s Framework for Nonprofit Health Organizations in Renaissance Medical Foundation v. Lugo

Independent Medical Judgment and Vicarious Liability: The Texas Supreme Court’s Framework for Nonprofit Health Organizations in Renaissance Medical Foundation v. Lugo

Date: Apr 8, 2025
Independent Medical Judgment and Vicarious Liability: The Texas Supreme Court’s Framework for Nonprofit Health Organizations Commentary on Renaissance Medical Foundation v. Lugo, No. 23-0607, Supreme...
No Takings Immunity for NFIP‑Compliant Floodplain Regulations: Commentary on The Commons of Lake Houston, Ltd. v. City of Houston

No Takings Immunity for NFIP‑Compliant Floodplain Regulations: Commentary on The Commons of Lake Houston, Ltd. v. City of Houston

Date: Apr 5, 2025
No Takings Immunity for NFIP‑Compliant Floodplain Regulations: Commentary on The Commons of Lake Houston, Ltd. v. City of Houston Court: Supreme Court of Texas Date: March 21, 2025 Citation: No....
Huynh v. Blanchard: Limiting Shutdown Nuisance Injunctions and Aligning Them with Texas Clean Air Regulation

Huynh v. Blanchard: Limiting Shutdown Nuisance Injunctions and Aligning Them with Texas Clean Air Regulation

Date: Apr 4, 2025
Huynh v. Blanchard: Limiting Shutdown Nuisance Injunctions and Aligning Them with Texas Clean Air Regulation I. Introduction This commentary analyzes Justice Rebeca A. Huddle’s concurring opinion in...
Produced Groundwater as a Leased Hydrocarbon Incident: A Commentary on Cactus Water Services, LLC v. COG Operating, LLC

Produced Groundwater as a Leased Hydrocarbon Incident: A Commentary on Cactus Water Services, LLC v. COG Operating, LLC

Date: Apr 1, 2025
Produced Groundwater as a Leased Hydrocarbon Incident: Cactus Water Services, LLC v. COG Operating, LLC (Tex. 2025) I. Introduction The concurring opinion by Justice Busby in Cactus Water Services,...
Judicial Power Ends with Mootness: In re Carlson and Voluntary Agency Compliance in Texas Mandamus Proceedings

Judicial Power Ends with Mootness: In re Carlson and Voluntary Agency Compliance in Texas Mandamus Proceedings

Date: Apr 1, 2025
Judicial Power Ends with Mootness: In re Carlson and Voluntary Agency Compliance in Texas Mandamus Proceedings I. Introduction The Supreme Court of Texas’s decision in In re Carlson, No. 24‑0081...
Judicial Power Ends Where Mootness Begins: In re Carlson and Mandamus Relief in PRPRPA Contested Cases

Judicial Power Ends Where Mootness Begins: In re Carlson and Mandamus Relief in PRPRPA Contested Cases

Date: Apr 1, 2025
Judicial Power Ends Where Mootness Begins: In re Carlson and Mandamus Relief in PRPRPA Contested Cases I. Introduction The Supreme Court of Texas’s decision in In re Carlson, No. 24‑0081 (Tex. Apr....
Incidentally Produced Groundwater as Part of the Hydrocarbon Conveyance: 
    Commentary on Cactus Water Services, LLC v. COG Operating, LLC

Incidentally Produced Groundwater as Part of the Hydrocarbon Conveyance: Commentary on Cactus Water Services, LLC v. COG Operating, LLC

Date: Apr 1, 2025
Incidentally Produced Groundwater as Part of the Hydrocarbon Conveyance: Commentary on Cactus Water Services, LLC v. COG Operating, LLC I. Introduction The Supreme Court of Texas’s decision in Cactus...
Kensington Title-Nevada, LLC v. Texas Department of State Health Services: Expanding Rule‑Applicability Challenges Under Texas APA § 2001.038

Kensington Title-Nevada, LLC v. Texas Department of State Health Services: Expanding Rule‑Applicability Challenges Under Texas APA § 2001.038

Date: Mar 29, 2025
Kensington Title-Nevada, LLC v. Texas Department of State Health Services: Expanding Rule‑Applicability Challenges Under Texas APA § 2001.038 I. Introduction In Kensington Title-Nevada, LLC v. Texas...
Standing and Rule‑Applicability Challenges Under Texas APA § 2001.038: Commentary on Kensington Title‑Nevada, LLC v. Texas Department of State Health Services

Standing and Rule‑Applicability Challenges Under Texas APA § 2001.038: Commentary on Kensington Title‑Nevada, LLC v. Texas Department of State Health Services

Date: Mar 29, 2025
Standing and Rule‑Applicability Challenges Under Texas APA § 2001.038: Commentary on Kensington Title‑Nevada, LLC v. Texas Department of State Health Services I. Introduction The Supreme Court of...
“Practicable to Proceed” Under Tex. Fam. Code § 54.02(j)(4)(A): Probable Cause Is Not Dispositive – Commentary on In the Matter of J.J.T.

“Practicable to Proceed” Under Tex. Fam. Code § 54.02(j)(4)(A): Probable Cause Is Not Dispositive – Commentary on In the Matter of J.J.T.

Date: Mar 29, 2025
Decoupling Probable Cause from “Practicable to Proceed”: The Texas Supreme Court’s Interpretation of Family Code § 54.02(j)(4)(A) in In the Matter of J.J.T. I. Introduction In In the Matter of...
Incidental Groundwater as Part of the Hydrocarbon Estate: Commentary on Cactus Water Services, LLC v. COG Operating, LLC

Incidental Groundwater as Part of the Hydrocarbon Estate: Commentary on Cactus Water Services, LLC v. COG Operating, LLC

Date: Mar 28, 2025
Incidental Groundwater as Part of the Hydrocarbon Estate: Commentary on Cactus Water Services, LLC v. COG Operating, LLC I. Introduction The Supreme Court of Texas’s decision in Cactus Water...
Cactus Water Services, LLC v. COG Operating, LLC: Default Ownership and Control of Groundwater Produced with Hydrocarbons in Texas Oil-and-Gas Leases

Cactus Water Services, LLC v. COG Operating, LLC: Default Ownership and Control of Groundwater Produced with Hydrocarbons in Texas Oil-and-Gas Leases

Date: Mar 28, 2025
Cactus Water Services, LLC v. COG Operating, LLC: Default Ownership and Control of Groundwater Produced with Hydrocarbons in Texas Oil-and-Gas Leases 1. Introduction The Supreme Court of Texas’s...
Substantial Client Control and Creditor Participation in Legal Malpractice Claims: Commentary on Henry S. Miller Commercial Co. v. Newsom, Terry & Newsom, LLP

Substantial Client Control and Creditor Participation in Legal Malpractice Claims: Commentary on Henry S. Miller Commercial Co. v. Newsom, Terry & Newsom, LLP

Date: Mar 26, 2025
Substantial Client Control and Creditor Participation in Legal Malpractice Claims: Commentary on Henry S. Miller Commercial Co. v. Newsom, Terry & Newsom, LLP I. Introduction The Supreme Court of...
Creditor-Influenced but Client-Owned Legal Malpractice Claims Permitted: The “Substantial Control” and Non‑Conclusory Causation Standards in Henry S. Miller Commercial Co. v. Newsom, Terry & Newsom, LLP

Creditor-Influenced but Client-Owned Legal Malpractice Claims Permitted: The “Substantial Control” and Non‑Conclusory Causation Standards in Henry S. Miller Commercial Co. v. Newsom, Terry & Newsom, LLP

Date: Mar 26, 2025
Creditor-Influenced but Client-Owned Legal Malpractice Claims Permitted: The “Substantial Control” and Non‑Conclusory Causation Standards in Henry S. Miller Commercial Co. v. Newsom, Terry & Newsom,...
Substance Over Form in Appellate Briefing and the Limits of Individual Fiduciary Duties Between Co‑Owners: Commentary on Bertucci v. Watkins

Substance Over Form in Appellate Briefing and the Limits of Individual Fiduciary Duties Between Co‑Owners: Commentary on Bertucci v. Watkins

Date: Mar 22, 2025
Substance Over Form in Appellate Briefing and the Limits of Individual Fiduciary Duties Between Co‑Owners: Commentary on Bertucci v. Watkins I. Introduction The Supreme Court of Texas’s decision in...
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