Texas Case Commentaries

Reaffirming the Subjective Component in Gross Negligence: Louisiana-Pacific Corp. v. Andrade

Date: Oct 22, 1999

Reaffirming the Subjective Component in Gross Negligence: Louisiana-Pacific Corp. v. Andrade Introduction In the landmark case of Louisiana-Pacific Corporation, as successor to Kirby Forest...

Rule 28 Does Not Toll Statute of Limitations Under Section 10.01 in Texas Medical Malpractice Cases

Date: Oct 22, 1999

Rule 28 Does Not Toll Statute of Limitations Under Section 10.01 in Texas Medical Malpractice Cases Introduction The Supreme Court of Texas, in the landmark case of Peter Chilkewitz v. Morton I....

Limits on Ineffective Assistance Claims on Direct Appeal: Thompson v. Texas

Date: Oct 14, 1999

Limits on Ineffective Assistance Claims on Direct Appeal: Thompson v. Texas Introduction Marcus Bernard Thompson appealed his conviction for the murder of Michael Wagner to the Court of Criminal...

Limits on Retroactive Application of Statutes of Limitations in Trade Secret Misappropriation: BAKER HUGHES v. KECO R. D., INC.

Date: Oct 8, 1999

Limits on Retroactive Application of Statutes of Limitations in Trade Secret Misappropriation: BAKER HUGHES v. KECO R. D., INC. Introduction The case of BAKER HUGHES, INC. ENVIROTECH CONTROLS, INC....

Supreme Court of Texas Validates Save Our Springs Ordinance: Upholding Judicial Deference in Water Pollution Control

Date: Oct 1, 1999

Supreme Court of Texas Validates Save Our Springs Ordinance: Upholding Judicial Deference in Water Pollution Control Introduction In the landmark case of Jerry J. Quick et al. v. City of Austin, the...

No Duty Owed by Landowner for Unforeseen Third-Party Criminal Acts: Mellon Mortgage Co. v. Holder

Date: Sep 10, 1999

No Duty Owed by Landowner for Unforeseen Third-Party Criminal Acts: Mellon Mortgage Co. v. Holder Introduction In the landmark case of Mellon Mortgage Company v. Holder, decided by the Supreme Court...

Revesting of Jurisdiction Triggers Recommencement of Appellate Timetable: Quaestor Investments v. State of Chiapas

Date: Aug 27, 1999

Revesting of Jurisdiction Triggers Recommencement of Appellate Timetable: Quaestor Investments v. State of Chiapas Introduction The case of Quaestor Investments, Inc. v. State of Chiapas (997 S.W.2d...

Establishing Liability for Defective Product Design: Child Misuse of Adult-Intended Products

Date: Aug 27, 1999

Establishing Liability for Defective Product Design: Child Misuse of Adult-Intended Products Introduction The case of Gloria Marie Hernandez, as next friend of Ruben Richard Emeterio, a minor,...

Preservation of Right to Appeal under Virtual Representation Doctrine: Texas Department of Transportation v. EPIADA

Date: Aug 27, 1999

Preservation of Right to Appeal under Virtual Representation Doctrine: Texas Department of Transportation v. EPIADA Introduction The case of Motor Vehicle Board of the Texas Department of...

Fee Forfeiture in Fiduciary Breach: The Da v. Burrow Decision

Date: Jul 2, 1999

Fee Forfeiture in Fiduciary Breach: The Da v. Burrow Decision Introduction The Supreme Court of Texas, in the landmark case Da v. Burrow, et al. (997 S.W.2d 229), rendered a pivotal decision on July...

Texas Supreme Court Establishes Rigorous Standards for Venue Joinder under Section 15.003

Date: Jul 2, 1999

Texas Supreme Court Establishes Rigorous Standards for Venue Joinder under Section 15.003 Introduction In the landmark case of Surgitek, Bristol-Myers Corporation, and Medical Engineering Corporation...

Attorney's Fees Not Recoverable in Article 8307c Worker’s Compensation Discrimination Cases: Holland v. Wal-Mart Stores, Inc.

Date: Jul 2, 1999

Attorney's Fees Not Recoverable in Article 8307c Worker’s Compensation Discrimination Cases: Holland v. Wal-Mart Stores, Inc. Introduction In the landmark case of Bettie Jo Holland v. Wal-Mart...

Limitation Periods in Medical Malpractice and Fraudulent Concealment: Insights from Earle v. Ratliff

Date: Jul 2, 1999

Limitation Periods in Medical Malpractice and Fraudulent Concealment: Insights from Earle v. Ratliff Introduction Earle v. Ratliff is a pivotal case decided by the Supreme Court of Texas in 1999. The...

Texas Supreme Court Establishes Voter Standing in Ballot Proposition injunctions

Date: Jul 2, 1999

Texas Supreme Court Establishes Voter Standing in Ballot Proposition Injunctions Introduction The case of Edward J. BLUM v. Bob LANIER, Mayor of the City of Houston, and the City of Houston (997...

Establishing Comparative Responsibility in Strict Products Liability: General Motors v. Sanchez

Date: Jul 2, 1999

Establishing Comparative Responsibility in Strict Products Liability: General Motors v. Sanchez Introduction In the landmark case of GENERAL MOTORS CORPORATION and Lawrence Marshall Chevrolet...

GTE Southwest v. Bruce: Affirming Employer Liability for Intentional Infliction of Emotional Distress under Texas Workers' Compensation Act

Date: Jul 2, 1999

GTE Southwest v. Bruce: Affirming Employer Liability for Intentional Infliction of Emotional Distress under Texas Workers' Compensation Act Introduction In the landmark case of GTE Southwest,...

Clarity in Easement Agreements: Texas Supreme Court Affirms Utility Company's Right to Remove Trees

Date: Jul 2, 1999

Clarity in Easement Agreements: Texas Supreme Court Affirms Utility Company's Right to Remove Trees Introduction The case of DeWITT COUNTY ELECTRIC COOPERATIVE, INC. v. Daniel S. PARKS and Suzanne...

Union Pacific Railroad v. Texas Supreme Court: Clarifying Principal Office and Mandatory Venue under FELA

Date: Jul 2, 1999

Union Pacific Railroad v. Texas Supreme Court: Clarifying Principal Office and Mandatory Venue under FELA Introduction The case of In re Missouri Pacific Railroad Company, d/b/a Union Pacific...

Expansion of Indemnity Rights under Texas Civil Practice and Remedies Code § 82.002

Date: Jul 2, 1999

Expansion of Indemnity Rights under Texas Civil Practice and Remedies Code § 82.002 Introduction The landmark case of Ken Fitzgerald, d/b/a Performance Orthopaedics, Appellant, v. Advanced Spine...

Expanding Employer Liability: Understanding Sibley Standing under Texas Labor Code § 21.055

Date: Jul 2, 1999

Expanding Employer Liability: Understanding Sibley Standing under Texas Labor Code § 21.055 Introduction The Supreme Court of Texas, in the landmark case of NME HOSPITALS, INC. d/b/a SIERRA MEDICAL...