Constructive Notice in Slip-and-Fall Cases: Wal-Mart Stores, Inc. v. Flora L. Gonzalez Introduction In the landmark case Wal-Mart Stores, Inc. v. Flora L. Gonzalez (968 S.W.2d 934), the Supreme Court...
Exhaustion of Legal Remedies and Laches in the Context of Bill of Review: CALDWELL v. BARNES Introduction The case of Harold Caldwell v. Robert Barnes (975 S.W.2d 535, Supreme Court of Texas, 1998)...
Mobil Oil v. Ellender: New Standards for Settlement Credit Allocation in Punitive Damages Actions Introduction The case of MOBIL Oil Corporation v. Anna Mae Ellender (968 S.W.2d 917) adjudicated by...
Jurisdictional Limits on Cross-State Liquidation Orders in Insurance Insolvency: Analysis of Jeanne Barnes BRYANT v. UNITED SHORTLINE INC. Introduction The case of Jeanne Barnes BRYANT, as Liquidator...
Reinterpretation of Standing Requirements in Family Code §102.003(9) by the Supreme Court of Texas Introduction The case of Tonia Jones v. Lisa Fowler (969 S.W.2d 429) adjudicated by the Supreme...
Mandamus Relief in Mass Tort Litigation: Overturning Restrictive Discovery Orders Introduction The case of In re COLONIAL PIPELINE COMPANY, Texaco Inc., Texaco Pipeline Company Inc., Texaco Trading...
Maritime Overseas v. Richard Ellis: Reinforcing Standards for Jones Act Damages Review and Scientific Evidence Preservation in Texas Jurisprudence Introduction The case of Maritime Overseas...
Employee Liability under Article 21.21 of the Texas Insurance Code Introduction The case of Liberty Mutual Insurance Company and Robert G. Garrett v. Garrison Contractors, Inc. (966 S.W.2d 482)...
Architectural Control Committee Authority to Waive Roofing Restrictions: PILARCIK v. EMMONS and Others Introduction The case of PILARCIK v. EMMONS and Others adjudicated by the Supreme Court of Texas...
Limitation on Governmental Immunity Waiver in Wrongful Death Claims: Dallas County Mental Health and Mental Retardation v. Albert Bossley Introduction The case of Dallas County Mental Health and...
Limits on Physicians' Duty to Third Parties: Stan PRAESEL v. Raymond JOHNSON, M.D. Introduction The Supreme Court of Texas, in the case of Stan PRAESEL and Louise Herbert v. Raymond JOHNSON, M.D., et...
MAYHEW v. TOWN OF SUNNYVALE: Affirmation of Regulatory Taking Standards in Land Use Decisions Introduction In the landmark case Charles Mayhew, Sr., Charles Mayhew, Jr., The Estate of Audrey Mayhew,...
Oral Assurances Do Not Alter At-Will Employment in Texas Introduction The case of Montgomery County Hospital District f/d/b/a Medical Center Hospital v. Valarie Brown, decided by the Supreme Court of...
State Courts Retain Jurisdiction to Sanction Attorneys for Pre-Removal Conduct: In Re Max Bennett Commentary Introduction The In Re Max Bennett case marks a significant precedent in Texas...
Unjust Enrichment Claims in Contractual Overcharge Disputes: Southwestern Electric Power Co. v. Burlington Northern Railroad Co. Introduction Southwestern Electric Power Company (SWEPCO), a public...
No Common Law Duty of Good Faith for Sureties to Principals: Insights from Associated Indemnity Corporation v. CAT Contracting Introduction The legal landscape governing suretyship relationships is...
Preemption of State DTPA Claims under the Medical Device Amendments: Tempie Fortson WORTHY v. COLLAGEN CORPoration Introduction In Tempie Fortson WORTHY v. COLLAGEN CORPoration, decided by the...
Pretextual Investigations as Breach of Good Faith: State Farm v. Simmons Introduction In the landmark case State Farm Fire Casualty Company v. James and Cynthia Simmons, the Supreme Court of Texas...
Judicial Accountability and Removal: Comprehensive Analysis of In re Bill R. Lowery Decision Introduction The case of In re Bill R. Lowery, reported at 999 S.W.2d 639, addresses the critical issue of...
Establishing Employer Liability for Independent Contractors' Employee Safety Under Retained Control: Hoechst-Celanese v. Mendez Introduction In the landmark case of Hoechst-Celanese Corporation v....