Texas Case Commentaries

Duty of Care in Adjacent Premises: Analyzing Science Spectrum, Inc. v. Arthur Martinez

Date: Mar 22, 1997

Duty of Care in Adjacent Premises: Analyzing Science Spectrum, Inc. v. Arthur Martinez Introduction Science Spectrum, Inc. v. Arthur Martinez is a pivotal case adjudicated by the Supreme Court of...

State Action Requirement Affirmed in Republican Party of Texas v. Log Cabin Republicans

Date: Mar 1, 1997

State Action Requirement Affirmed in Republican Party of Texas v. Log Cabin Republicans Introduction The case of Republican Party of Texas and Thomas W. Pauken, State Chairman, and Barbara Jackson,...

Clarifying Tortious Interference and Corporate Officer Immunity: ACS Investors v. McLaughlin

Date: Feb 22, 1997

Clarifying Tortious Interference and Corporate Officer Immunity: ACS Investors v. McLaughlin Introduction The case of ACS Investors, Inc. v. McLaughlin and Lazovich (943 S.W.2d 426) adjudicated by...

Defining Commissioners Court Delegation Powers: Core Versus Non-Core Functions of County Treasurer

Date: Feb 22, 1997

Defining Commissioners Court Delegation Powers: Core Versus Non-Core Functions of County Treasurer Introduction The case The Commissioners Court of Titus County, Texas and Carl Johnson, County...

Limitation on Mental Anguish Damages in Stillbirth Cases Established by Edinburg Hospital Authority v. Trevino

Date: Feb 7, 1997

Limitation on Mental Anguish Damages in Stillbirth Cases Established by Edinburg Hospital Authority v. Trevino Introduction The case of Edinburg Hospital Authority d/b/a Edinburg General Hospital v....

Texas Supreme Court Clarifies Assignee Liability for Pre-Assignment Lease Breaches in Regency Advantage v. The Bingo Idea-Watauga, Inc.

Date: Feb 1, 1997

Texas Supreme Court Clarifies Assignee Liability for Pre-Assignment Lease Breaches in Regency Advantage Limited Partnership v. The Bingo Idea-Watauga, Inc. Introduction In the landmark case of...

Extending Appellate Deadlines through Requests for Findings of Fact and Conclusions of Law under Rule 41(a)(1): Analysis of IKB Industries v. Pro-Line Corporation

Date: Feb 1, 1997

Extending Appellate Deadlines through Requests for Findings of Fact and Conclusions of Law under Rule 41(a)(1): Analysis of IKB Industries v. Pro-Line Corporation Introduction The case of IKB...

Strict Application of Statutes of Limitations in Adoptee Inheritance Claims: Insights from Little v. Smith

Date: Feb 1, 1997

Strict Enforcement of Statutes of Limitations in Adoptee Inheritance Claims: Analyzing Little v. Smith Introduction The Supreme Court of Texas, in the landmark case of Artymae Little v. Katherine...

Termination of Good Faith and Fair Dealing Duty in Post-Judgment Relationships: Stewart Title Guaranty Company v. Aiello

Date: Feb 1, 1997

Termination of Good Faith and Fair Dealing Duty in Post-Judgment Relationships: Stewart Title Guaranty Company v. Aiello Introduction The case of Stewart Title Guaranty Company v. Roger N. Aiello and...

Limitation of Corporate Officers' Personal Liability in Negligence Claims: Pro Com Marketing Services v. Hornsby

Date: Dec 14, 1996

Limitation of Corporate Officers' Personal Liability in Negligence Claims: Pro Com Marketing Services v. Hornsby Introduction Pro Com Marketing Services, Inc. v. Hornsby is a landmark case...

Actual Malice Required for Punitive Damages in Retaliatory Termination; Texas Supreme Court Affirms County Court Jurisdiction

Date: Dec 14, 1996

Actual Malice Required for Punitive Damages in Retaliatory Termination; Texas Supreme Court Affirms County Court Jurisdiction Introduction The Supreme Court of Texas rendered a unanimous decision in...

Affirming Trial Court's Authority to Impose Rule 13 Sanctions Post-Nonsuit: Insights from Scott White Memorial Hospital v. Schexnider

Date: Dec 14, 1996

Affirming Trial Court's Authority to Impose Rule 13 Sanctions Post-Nonsuit: Insights from Scott White Memorial Hospital v. Schexnider Introduction In Scott White Memorial Hospital d/b/a Scott White...

Supremacy of Federal Arbitration Act Over State Law in Enforcing Arbitration Agreements: Insights from EZ PAWN CORP. v. GONZALEZ

Date: Nov 16, 1996

Supremacy of Federal Arbitration Act Over State Law in Enforcing Arbitration Agreements: Insights from EZ PAWN CORP. v. GONZALEZ Introduction EZ Pawn Corporation d/b/a EZ Pawn and Dennis Terry v. The...

Supreme Court of Texas Establishes Clear Hierarchy in Gas Contract Pricing Mechanisms

Date: Oct 19, 1996

Supreme Court of Texas Establishes Clear Hierarchy in Gas Contract Pricing Mechanisms Introduction The case of Columbia Gas Transmission Corporation v. New Ulm Gas, Ltd. (940 S.W.2d 587) adjudicated...

Enforcement of Commission under Real Estate License Act: Texas Builders v. Keller

Date: Sep 20, 1996

Enforcement of Commission under Real Estate License Act: Texas Builders v. Keller Introduction Texas Builders, Mark O'Brien, Gerard O'Brien, and Marvin Oates v. James A. Keller d/b/a James A. Keller...

Clarity in Brokerage Contracts: Friendswood Development Co. v. McDade + Company

Date: Aug 17, 1996

Clarity in Brokerage Contracts: Friendswood Development Co. v. McDade + Company Introduction The legal landscape surrounding brokerage contracts and tortious interference was significantly shaped by...

Invalidation of Prejudgment Assignment of Claims: State Farm Fire & Casualty Co. v. Julie Kathleen Gandy

Date: Jul 13, 1996

Invalidation of Prejudgment Assignment of Claims: State Farm Fire and Casualty Co. v. Julie Kathleen Gandy Introduction The case of State Farm Fire and Casualty Company v. Julie Kathleen Gandy (925...

Boundaries of Religious Freedom in Civil Litigation: Texas Supreme Court's Judgment in Robert Tilton v. Marshall

Date: Jul 13, 1996

Boundaries of Religious Freedom in Civil Litigation: Texas Supreme Court's Judgment in Robert Tilton v. Marshall Introduction The case of Robert Tilton (individually and as d/b/a Robert Tilton...

Duty of Care in Scout Organizations: Golden Spread Council v. Veronica Akins

Date: Jul 13, 1996

Duty of Care in Scout Organizations: Golden Spread Council v. Veronica Akins Introduction The case of Golden Spread Council, Inc. #562 of the Boy Scouts of America v. Veronica Akins addresses the...

Inclusion of Ecological Laboratories in Productive Capacity Taxation Upheld

Date: Jul 13, 1996

Inclusion of Ecological Laboratories in Productive Capacity Taxation Upheld Introduction In the landmark case of Nootsie, Ltd. and State of Texas v. Williamson County Appraisal District, the Supreme...