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  • Commentaries
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Texas Case Commentaries

Affirmation of No Fiduciary Duty in Franchise Agreements: Crim Truck Tractor Co. v. Navistar

Affirmation of No Fiduciary Duty in Franchise Agreements: Crim Truck Tractor Co. v. Navistar

Date: Jan 23, 1992
Affirmation of No Fiduciary Duty in Franchise Agreements: Crim Truck Tractor Co. v. Navistar Introduction In the landmark case of Crim Truck Tractor Co., Travis Crim, and Tim Farley v. Navistar...
Texas Supreme Court Reaffirms Legislative Authority in Redistricting, Limits Magistrate Court's Mandamus Power

Texas Supreme Court Reaffirms Legislative Authority in Redistricting, Limits Magistrate Court's Mandamus Power

Date: Jan 16, 1992
Texas Supreme Court Reaffirms Legislative Authority in Redistricting, Limits Magistrate Court's Mandamus Power Introduction In the landmark case of Louis TERRAZAS, et al., Relators, v. Hon. Mario E....
Harmonizing Deed Clauses: Overruling ALFORD v. KRUM in Eb F. Luckel v. Furl White

Harmonizing Deed Clauses: Overruling ALFORD v. KRUM in Eb F. Luckel v. Furl White

Date: Jan 9, 1992
Harmonizing Deed Clauses: Overruling ALFORD v. KRUM in Eb F. Luckel, et al. v. Furl White, et al. Introduction The case of Eb F. Luckel, et al. v. Furl White, et al. (819 S.W.2d 459, Supreme Court of...
Negligence in Public Infrastructure: Fort Bend County Drainage District v. Sbrusch - A Comprehensive Analysis

Negligence in Public Infrastructure: Fort Bend County Drainage District v. Sbrusch - A Comprehensive Analysis

Date: Dec 12, 1991
Negligence in Public Infrastructure: Fort Bend County Drainage District v. Sbrusch - A Comprehensive Analysis Introduction The case of Fort Bend County Drainage District and Fort Bend County v....
Appellate Court's Authority to Correct Clerical Errors in Judgments: Insights from Asberry v. Texas

Appellate Court's Authority to Correct Clerical Errors in Judgments: Insights from Asberry v. Texas

Date: Nov 21, 1991
Appellate Court's Authority to Correct Clerical Errors in Judgments: Insights from Asberry v. Texas Introduction The case of Luther Junior Asberry, Appellant, v. The STATE of Texas, Appellee (813...
State Comptroller’s Authority to Collect Franchise Tax from Corporations Engaged in Solicitation Sales

State Comptroller’s Authority to Collect Franchise Tax from Corporations Engaged in Solicitation Sales

Date: Oct 17, 1991
State Comptroller’s Authority to Collect Franchise Tax from Corporations Engaged in Solicitation Sales Introduction The case of John SHARP, Comptroller of Public Accounts of the State of Texas,...
Reinforcing the Common Knowledge Defense: Seagram v. McGuire

Reinforcing the Common Knowledge Defense: Seagram v. McGuire

Date: Oct 3, 1991
Reinforcing the Common Knowledge Defense: Seagram v. McGuire Introduction The case of Joseph E. Seagram Sons, Inc. et al. v. Ronald Wayne McGuire et al. (814 S.W.2d 385) adjudicated by the Supreme...
Mandatory Exhaustion of Administrative Remedies under the Texas Commission on Human Rights Act: Insights from SCHROEDER v. TEXAS IRON WORKS, Inc.

Mandatory Exhaustion of Administrative Remedies under the Texas Commission on Human Rights Act: Insights from SCHROEDER v. TEXAS IRON WORKS, Inc.

Date: Sep 19, 1991
Mandatory Exhaustion of Administrative Remedies under the Texas Commission on Human Rights Act: Insights from SCHROEDER v. TEXAS IRON WORKS, Inc. Introduction The case of Thomas C. SCHROEDER v. TEXAS...
Texas Supreme Court Limits on Personal Jurisdiction Over Foreign Insurers

Texas Supreme Court Limits on Personal Jurisdiction Over Foreign Insurers

Date: Sep 12, 1991
Texas Supreme Court Limits on Personal Jurisdiction Over Foreign Insurers Introduction In the landmark case of Guardian Royal Exchange Assurance, Ltd. v. English China Clays, P.L.C. et al. (815...
Choice of Law in Indemnity Provisions: Supreme Court of Texas Upholds Validity Under Kansas Law (Maxus Exploration Co. v. Moran Bros.)

Choice of Law in Indemnity Provisions: Supreme Court of Texas Upholds Validity Under Kansas Law (Maxus Exploration Co. v. Moran Bros.)

Date: Sep 12, 1991
Choice of Law in Indemnity Provisions: Supreme Court of Texas Upholds Validity Under Kansas Law Introduction The Supreme Court of Texas, in Maxus Exploration Co., f/k/a Diamond Shamrock Exploration...
Handling Unpleaded Affirmative Defenses in Summary Judgment: Insights from Roark v. Stallworth Oil and Gas

Handling Unpleaded Affirmative Defenses in Summary Judgment: Insights from Roark v. Stallworth Oil and Gas

Date: Sep 12, 1991
Handling Unpleaded Affirmative Defenses in Summary Judgment: Insights from Roark v. Stallworth Oil and Gas Introduction Case: Gordon L. Roark, Jr. v. Stallworth Oil and Gas, Inc. et al. Court:...
Effective Assistance of Counsel: Revisiting Strickland Standards in StafFORD v. STATE of Texas

Effective Assistance of Counsel: Revisiting Strickland Standards in StafFORD v. STATE of Texas

Date: Jul 4, 1991
Effective Assistance of Counsel: Revisiting Strickland Standards in StafFORD v. STATE of Texas Introduction Case Citation: Edmond Albert Stafford, Appellant, v. The STATE of Texas, Appellee. Court of...
MONTGOMERY v. STATE (810 S.W.2d 372): Clarifying the Admissibility of Extraneous Misconduct Evidence under Texas Rules of Criminal Evidence

MONTGOMERY v. STATE (810 S.W.2d 372): Clarifying the Admissibility of Extraneous Misconduct Evidence under Texas Rules of Criminal Evidence

Date: Jun 20, 1991
MONTGOMERY v. STATE (810 S.W.2d 372): Clarifying the Admissibility of Extraneous Misconduct Evidence under Texas Rules of Criminal Evidence Introduction Parties Involved: Patrick Logan Montgomery...
Dual Piloting and Insurance Coverage: Insights from National Union Fire Insurance Co. v. Hudson Energy Co.

Dual Piloting and Insurance Coverage: Insights from National Union Fire Insurance Co. v. Hudson Energy Co.

Date: Jun 20, 1991
Dual Piloting and Insurance Coverage: Insights from National Union Fire Insurance Co. v. Hudson Energy Co. Introduction The legal landscape surrounding insurance coverage for aviation incidents was...
Separation of Contract and Tort Claims: Southwestern Bell Telephone Company v. DeLanney

Separation of Contract and Tort Claims: Southwestern Bell Telephone Company v. DeLanney

Date: Jun 20, 1991
Separation of Contract and Tort Claims: Southwestern Bell Telephone Company v. DeLanney Introduction Southwestern Bell Telephone Company v. Eugene C. DeLanney is a pivotal case adjudicated by the...
Affirmation of 'Avoided Cost' Limitation in Utility Rate Recovery: PUC of Texas v. Gulf States Utilities Co.

Affirmation of 'Avoided Cost' Limitation in Utility Rate Recovery: PUC of Texas v. Gulf States Utilities Co.

Date: Jun 20, 1991
Affirmation of 'Avoided Cost' Limitation in Utility Rate Recovery: PUC of Texas v. Gulf States Utilities Co. Introduction The case of Public Utility Commission of Texas and Office of Public Utility...
Mandamus Relief in Discovery Sanctions: TransAmerican Natural Gas Corp. v. Judge Powell

Mandamus Relief in Discovery Sanctions: TransAmerican Natural Gas Corp. v. Judge Powell

Date: Jun 20, 1991
Mandamus Relief in Discovery Sanctions: TransAmerican Natural Gas Corp. v. Judge Powell Introduction In TransAmerican Natural Gas Corporation v. Hon. William R. Powell, 811 S.W.2d 913 (Tex. 1991),...
Limitation of Liability Clauses in Warranty Claims: Insights from Southwestern Bell Telephone Co. v. FDP Corporation

Limitation of Liability Clauses in Warranty Claims: Insights from Southwestern Bell Telephone Co. v. FDP Corporation

Date: Jun 20, 1991
Limitation of Liability Clauses in Warranty Claims: Insights from Southwestern Bell Telephone Co. v. FDP Corporation Introduction Southwestern Bell Telephone Company ("Southwestern Bell") appealed a...
Deferred Monetary Sanctions to Preserve Appellate Rights: Analysis of Braden v. Downey

Deferred Monetary Sanctions to Preserve Appellate Rights: Analysis of Braden v. Downey

Date: Jun 20, 1991
Deferred Monetary Sanctions to Preserve Appellate Rights: Analysis of Braden v. Downey Introduction Braden v. Downey, 811 S.W.2d 922 (Tex. 1991), is a pivotal case decided by the Supreme Court of...
Assumption of Third-Party Debt Not Considered Usury: Analysis of VICTORIA BANK TRUST COMPANY v. MARLYN R. BRADY et al.

Assumption of Third-Party Debt Not Considered Usury: Analysis of VICTORIA BANK TRUST COMPANY v. MARLYN R. BRADY et al.

Date: Jun 20, 1991
Assumption of Third-Party Debt Not Considered Usury: Analysis of VICTORIA BANK TRUST COMPANY v. MARLYN R. BRADY Introduction The Supreme Court of Texas, in the case of Victoria Bank Trust Company v....
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