Texas Case Commentaries

Stock Sales Do Not Invoke Rights of First Refusal: Insights from Tenneco Inc. v. Enterprise Products Company

Date: Jul 9, 1996

Stock Sales Do Not Invoke Rights of First Refusal: Insights from Tenneco Inc. v. Enterprise Products Company Introduction Tenneco Inc. v. Enterprise Products Company, 925 S.W.2d 640 (Tex. 1996), is a...

Trial Court Discretion Upheld in Severing Contract and Bad Faith Insurance Claims

Date: Jul 9, 1996

Trial Court Discretion Upheld in Severing Contract and Bad Faith Insurance Claims Introduction In the landmark case Liberty National Fire Insurance Company v. The Honorable Ted Akin, 927 S.W.2d 627...

Limiting Legal Malpractice Liability: No Duty to Unrepresented Beneficiaries in Estate Planning

Date: Jul 9, 1996

Limiting Legal Malpractice Liability: No Duty to Unrepresented Beneficiaries in Estate Planning Introduction In the landmark case Leroy Barcelo, III, Terri Jo Barcelo, Cecil Wayne Barcelo, Jr.,...

Appellate Review of Summary Judgment Grounds: Insights from Cincinnati Life Insurance Co. v. Cates

Date: Jul 9, 1996

Appellate Review of Summary Judgment Grounds: Insights from Cincinnati Life Insurance Co. v. Cates Introduction The case of Cincinnati Life Insurance Company, et al., v. Cates (927 S.W.2d 623)...

Original Designers Not Liable for Modified Products: Firestone Steel Products Co. v. Barajases

Date: Jun 29, 1996

Original Designers Not Liable for Modified Products: Firestone Steel Products Co. v. Barajases Introduction Firestone Steel Products Company, formerly a Division of the Firestone Tire Rubber Company,...

Texas Supreme Court Affirms Non-Liability of Protestors for Officer Injuries: Implications for Tort Law

Date: Jun 29, 1996

Texas Supreme Court Affirms Non-Liability of Protestors for Officer Injuries: Implications for Tort Law Introduction The case of Juhl et al. v. Airington (936 S.W.2d 640, Supreme Court of Texas,...

Clarifying Premises Liability: No Duty Without Knowledge of Dangerous Conditions

Date: Jun 29, 1996

Clarifying Premises Liability: No Duty Without Knowledge of Dangerous Conditions Introduction The case of Motel 6 G.P., Inc., and Motel 6 Operating L.P. v. Maria Ramona Lopez (929 S.W.2d 1)...

Lessor's Duty in Public Event Premises: Analysis of Johnson County Sheriff's Posse v. Tim Endsley

Date: Jun 29, 1996

Lessor's Duty in Public Event Premises: Analysis of Johnson County Sheriff's Posse v. Tim Endsley Introduction The case of Johnson County Sheriff's Posse v. Tim Endsley (926 S.W.2d 284, Supreme Court...

Supreme Court of Texas Upholds Edwards Aquifer Act: Balancing Property Rights and State Regulation

Date: Jun 29, 1996

Supreme Court of Texas Upholds Edwards Aquifer Act: Balancing Property Rights and State Regulation Introduction The Supreme Court of Texas delivered a landmark decision on June 28, 1996, in the case...

Johnson Johnson Medical v. Sanchez: Establishing Crucial Limits on Wrongful Termination Claims

Date: Jun 15, 1996

Johnson Johnson Medical v. Sanchez: Establishing Crucial Limits on Wrongful Termination Claims Introduction The landmark case of Johnson Johnson Medical, Inc. f/k/a Surgikos, Inc. v. Martha Sanchez...

Exemption of Closed Criminal Litigation Files under Texas Open Records Act Established in HOLMES v. MORALES

Date: Jun 15, 1996

Exemption of Closed Criminal Litigation Files under Texas Open Records Act Established in HOLMES v. MORALES Introduction The case of John B. Holmes, Jr., Harris County District Attorney, v. Dan...

Expert Witness Qualifications under TEX. R. CIV. EVID. 702 in Wrongful Death Litigation

Date: Jun 15, 1996

Expert Witness Qualifications under TEX. R. CIV. EVID. 702 in Wrongful Death Litigation Introduction The case of Albert C. BRODERS, M.D., Franklin James Fleischhauer, M.D., Dirk Anthony Frater, M.D.,...

Mandamus Relief in Personal Jurisdiction Challenges: CSR Limited v. Scott Link

Date: Jun 15, 1996

Mandamus Relief in Personal Jurisdiction Challenges: CSR Limited v. Scott Link Introduction CSR Limited v. The Honorable Scott Link, 925 S.W.2d 591 (Tex. 1996), is a pivotal case that addresses the...

Rescission as the Sole Remedy in Workers' Compensation Fraud Cases: Saenz v. Fidelity Guaranty Insurance Underwriters

Date: Jun 15, 1996

Rescission as the Sole Remedy in Workers' Compensation Fraud Cases: Saenz v. Fidelity Guaranty Insurance Underwriters Introduction In the landmark case of Corina Saenz and Felipe Saenz, Jr. v....

Disqualification of Legal Representation Under Rule 1.09: A Landmark Decision

Date: Jun 7, 1996

Disqualification of Legal Representation Under Rule 1.09: A Landmark Decision Introduction The case of National Medical Enterprises, Inc. and Psychiatric Institutes of America, Inc. versus Honorable...

Fee-Shifting in Workers' Compensation: Insights from Travelers Indemnity Co. v. Mayfield

Date: Jun 1, 1996

Fee-Shifting in Workers' Compensation: Insights from Travelers Indemnity Co. v. Mayfield Introduction The case of The Travelers Indemnity Company of Connecticut v. The Honorable Alan Mayfield,...

Clarifying Participation Standards for Appeal by Writ of Error: TEXACO v. CENTRAL POWER LIGHT COMPANY

Date: May 17, 1996

Clarifying Participation Standards for Appeal by Writ of Error: TEXACO v. CENTRAL POWER LIGHT COMPANY Introduction The case of TEXACO, Inc. v. Central Power Light Company (925 S.W.2d 586) presents a...

Sovereign Immunity Upheld in Kerrville State Hospital v. Clark: Implications for Texas Tort Claims

Date: May 11, 1996

Sovereign Immunity Upheld in Kerrville State Hospital v. Clark: Implications for Texas Tort Claims Introduction The case of Kerrville State Hospital v. James O. Clark and Genevie Clark (923 S.W.2d...

Vicarious Liability and Negligent Hiring: Insights from NationsBank v. Dilling

Date: May 11, 1996

Vicarious Liability and Negligent Hiring: Insights from NationsBank v. Dilling Introduction The case of NationsBank, N.A. f/k/a NCNB National Bank v. Harry Dilling, adjudicated by the Supreme Court...

Assessing Jury Misconduct and Grounds for New Trials: A Commentary on PHARO v. CHAMBERS COUNTY

Date: May 11, 1996

Assessing Jury Misconduct and Grounds for New Trials: A Commentary on PHARO v. CHAMBERS COUNTY Introduction PHARO v. CHAMBERS COUNTY is a significant case adjudicated by the Supreme Court of Texas in...