Texas Case Commentaries

Affirmation of Trial Court Authority to Impose Sanctions for Non-Compliance with Pretrial Orders: KOSLOW'S v. Mackie

Date: Nov 8, 1990

Affirmation of Trial Court Authority to Impose Sanctions for Non-Compliance with Pretrial Orders: KOSLOW'S v. Mackie Introduction The case of KOSLOW'S, Petitioner, v. Thomas S. Mackie and Patsy B....

Expanded Discovery Rights in Texas Mandamus Proceedings: Axelson v. McIlhany

Date: Oct 25, 1990

Expanded Discovery Rights in Texas Mandamus Proceedings: Axelson v. McIlhany Introduction The case of Axelson, Inc., et al. v. The Honorable Grainger W. McIlhany revolves around a significant legal...

Foreclosure Timing Not Constituting a Breach of Good Faith: Texas Supreme Court in Coleman v. FDIC

Date: Oct 25, 1990

Foreclosure Timing Not Constituting a Breach of Good Faith: Texas Supreme Court in Coleman v. FDIC Introduction The Supreme Court of Texas, in the landmark case Federal Deposit Insurance Corporation...

Clarifying Attorney Disqualification Standards: Insights from Spears v. Fourth Court of Appeals

Date: Oct 25, 1990

Clarifying Attorney Disqualification Standards: Insights from Spears v. Fourth Court of Appeals Introduction The case of The Honorable Carolyn H. Spears, Judge, and Jesse Casias, Relators, v. The...

Interpretation of Insurance Policy Limits in Amparo Dolores Riefkohl Craules Vda de GONZALEZ v. Mission American Insurance Company

Date: Oct 25, 1990

Interpretation of Insurance Policy Limits in Amparo Dolores Riefkohl Craules Vda de GONZALEZ v. Mission American Insurance Company Introduction The case of Amparo Dolores Riefkohl Craules Vda de...

Shareholder's Individual Recovery from Corporate Wrongs: Wingate v. Hajdik Analysis

Date: Oct 25, 1990

Shareholder's Individual Recovery from Corporate Wrongs: Wingate v. Hajdik Analysis Introduction George Wingate v. J.G. Hajdik is a pivotal case adjudicated by the Supreme Court of Texas on October...

Custody Determinations Under Texas Family Code: Analysis of LEWELLING v. LEWELLING

Date: Oct 11, 1990

Custody Determinations Under Texas Family Code: Analysis of LEWELLING v. LEWELLING Introduction Brenda Lewelling v. Carl and Melba Lewelling, 796 S.W.2d 164 (Tex. 1990), is a pivotal case in Texas...

Adverse Possession Requirements Reinforced in Rhodes v. Cahill (1990)

Date: Oct 11, 1990

Adverse Possession Requirements Reinforced in Rhodes v. Cahill (1990) Introduction Rhodes v. Cahill, 802 S.W.2d 643 (Tex. 1990), is a pivotal case in Texas property law that reaffirms the stringent...

Enforceability of Noncompetition Clauses: Insights from Juliette Fowler Homes, Inc. v. Welch Associates, Inc.

Date: Sep 13, 1990

Enforceability of Noncompetition Clauses: Insights from Juliette Fowler Homes, Inc. v. Welch Associates, Inc. Introduction The case of Juliette Fowler Homes, Inc. et al. v. Welch Associates, Inc.,...

Enserch v. Parker: Establishing Enforceability of Indemnity Agreements Amid Wrongful Death Claims

Date: Sep 7, 1990

Enserch v. Parker: Establishing Enforceability of Indemnity Agreements Amid Wrongful Death Claims Introduction The Supreme Court of Texas, in the landmark case Enserch Corporation d/b/a Lone Star Gas...

Texas Supreme Court Upholds Damages Caps in Wrongful Death Actions under Medical Liability Act

Date: Sep 7, 1990

Texas Supreme Court Upholds Damages Caps in Wrongful Death Actions under Medical Liability Act Introduction In the landmark case of Lisa Beth Rose et al. v. Doctors Hospital et al. (801 S.W.2d 841),...

Res Ipsa Loquitur in Medical Malpractice: Analysis of Or v. Haddock

Date: Sep 7, 1990

Res Ipsa Loquitur in Medical Malpractice: Analysis of Or v. Haddock Introduction Orville E. Haddock, Jr., the petitioner, initiated a medical malpractice lawsuit against Larry A. Arnspiger, M.D.,...

Reaffirmation of At-Will Employment Doctrine in Wrongful Discharge Claims: Winters v. Houston Chronicle

Date: Sep 7, 1990

Reaffirmation of At-Will Employment Doctrine in Wrongful Discharge Claims: Winters v. Houston Chronicle Publishing Company Introduction The case of Richard Winters v. Houston Chronicle Publishing...

Mandatory Appearance at Appraisal Review Hearings: Establishing a Prerequisite for Judicial Review

Date: Jul 4, 1990

Mandatory Appearance at Appraisal Review Hearings: Establishing a Prerequisite for Judicial Review Introduction In the landmark case of Webb County Appraisal District and Webb County Appraisal Review...

Supreme Court of Texas Restricts Appellate Courts in Original Mandamus Actions: Brady v. 14th Court of Appeals

Date: Jun 21, 1990

Supreme Court of Texas Restricts Appellate Courts in Original Mandamus Actions: Brady v. Fourteenth Court of Appeals Introduction The case of Elaine A. Brady, the sole Democratic candidate for the...

No Condition Precedent for Condominium Sale in Service Agreement: Texas Supreme Court Clarifies Contract Interpretation

Date: Jun 21, 1990

No Condition Precedent for Condominium Sale in Service Agreement: Texas Supreme Court Clarifies Contract Interpretation Introduction The case of Harold W. Criswell v. European Crossroads Shopping...

Open Meetings Act Compliance: Upholding Transparency in Administrative Decision-Making

Date: Jun 14, 1990

Open Meetings Act Compliance: Upholding Transparency in Administrative Decision-Making Introduction The case of Charles M. Acker v. Texas Water Commission addresses a pivotal issue concerning the...

Conspicuousness Standard for Disclaimers of Implied Warranties Established by Texas Supreme Court in Cate's Transmission Service v. Dover Corporation

Date: Jun 7, 1990

Conspicuousness Standard for Disclaimers of Implied Warranties Established by Texas Supreme Court in Cate's Transmission Service v. Dover Corporation Introduction In Cate's Transmission Service,...

Texas Supreme Court Reinforces Forum State Law in Noncompetition Agreements: DeSantis v. Wackenhut

Date: Jun 7, 1990

Texas Supreme Court Reinforces Forum State Law in Noncompetition Agreements: DeSantis v. Wackenhut Introduction In the landmark case Edward DeSANTIS, et al. v. WACKENHUT CORPORATION (793 S.W.2d 670,...

Reversing the Validity of Personal Injury Releases under Mutual Mistake: Analysis of WILLIAMS v. GLASH

Date: May 31, 1990

Reversing the Validity of Personal Injury Releases under Mutual Mistake: Analysis of WILLIAMS v. GLASH Introduction The case of Margaret U. Williams and David E. Williams v. Stephen Glash (789 S.W.2d...

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