Texas Case Commentaries

Enhancing Due Process Protections in Contempt Orders: Ex parte Judy Cox Swate

Date: May 11, 1996

Enhancing Due Process Protections in Contempt Orders: Ex parte Judy Cox Swate Introduction The case of Ex parte Judy Cox Swate (No. 94-0460), adjudicated by the Supreme Court of Texas on May 10,...

Texas Supreme Court Confirms Non-Deduction of Post-Production Costs in 'Market Value at the Well' Royalty Clauses

Date: Apr 26, 1996

Texas Supreme Court Confirms Non-Deduction of Post-Production Costs in 'Market Value at the Well' Royalty Clauses Introduction The case of Heritage Resources, Inc. v. NationsBank (939 S.W.2d 118)...

Finality in Malicious Prosecution and the Role of Malice in Tortious Interference: Texas Beef Cattle Co. v. Jeff Green

Date: Apr 26, 1996

Finality in Malicious Prosecution and the Role of Malice in Tortious Interference: Texas Beef Cattle Co. v. Jeff Green Introduction In the landmark case of Texas Beef Cattle Company et al. v. Jeff...

UCC Section 2.306 Does Not Apply to Take-or-Pay Gas Purchase Agreements: Analysis of Lenape Resources v. Tennessee Gas Pipeline

Date: Apr 19, 1996

UCC Section 2.306 Does Not Apply to Take-or-Pay Gas Purchase Agreements: Analysis of Lenape Resources Corporation v. Tennessee Gas Pipeline Company Introduction In the landmark case of Lenape...

Clarifying Procedural Requirements for Frivolous Appeals: Insights from Bruns v. Texas

Date: Apr 18, 1996

Clarifying Procedural Requirements for Frivolous Appeals: Insights from Bruns v. Texas Introduction Bruns v. The State of Texas, 924 S.W.2d 176 (Court of Appeals of Texas, San Antonio, 1996),...

ADA Preemption of Common-Law Negligence Claims Against Airlines: Insights from Continental Airlines, Inc. v. Kiefer and Shupe v. American Airlines, Inc.

Date: Apr 13, 1996

ADA Preemption of Common-Law Negligence Claims Against Airlines: Insights from Continental Airlines, Inc. v. Kiefer and Shupe v. American Airlines, Inc. Introduction The Supreme Court of Texas, in...

Establishing Jurisdiction through Timely Notice of Appeal: Olivo v. Texas

Date: Mar 28, 1996

Establishing Jurisdiction through Timely Notice of Appeal: Olivo v. Texas Introduction Jesus Olivo v. The State of Texas, 918 S.W.2d 519 (Court of Criminal Appeals of Texas, En Banc, 1996), addresses...

S.V. v. R.V.: Supreme Court of Texas Affirms Statute of Limitations in Absence of Objective Verification in Repressed Memory Sexual Abuse Claims

Date: Mar 15, 1996

S.V. v. R.V.: Supreme Court of Texas Affirms Statute of Limitations in Absence of Objective Verification in Repressed Memory Sexual Abuse Claims Introduction In the landmark case S.V., Petitioner, v....

Enhancing Trade Secret Protections: Texas Supreme Court's Ruling in Computer Associates International v. Altai, Inc.

Date: Mar 15, 1996

Enhancing Trade Secret Protections: Texas Supreme Court's Ruling in Computer Associates International, Inc. v. Altai, Inc. Introduction In the landmark case of Computer Associates International, Inc....

Limiting DTPA Liability to Direct Consumer Transactions: Texas Supreme Court’s Decision in Amstadt et al. v. United States Brass Corporation

Date: Mar 8, 1996

Limiting DTPA Liability to Direct Consumer Transactions: Texas Supreme Court’s Decision in Amstadt et al. v. United States Brass Corporation Introduction In the landmark case Robert and Toni Amstadt...

Subrogation of Federal Tax Liens and Homestead Protection: Benchmark Bank v. Crowder

Date: Mar 8, 1996

Subrogation of Federal Tax Liens and Homestead Protection: Benchmark Bank v. Crowder Introduction Benchmark Bank v. Crowder is a pivotal case adjudicated by the Supreme Court of Texas on March 7,...

Texas Supreme Court Affirms Section 43.901 Bars Municipal Challenges to Annexation After Two Years

Date: Feb 17, 1996

Texas Supreme Court Affirms Section 43.901 Bars Municipal Challenges to Annexation After Two Years Introduction The case City of Murphy, Texas, Petitioner, v. City of Parker, Texas, Respondent (932...

Enhancing Transparency in Class Action Settlements: The Imperative of Adequate Notice of Attorney's Fees

Date: Feb 10, 1996

Enhancing Transparency in Class Action Settlements: The Imperative of Adequate Notice of Attorney's Fees Introduction The case of General Motors Corporation v. Clyde Bloyed, Ron Godbey, and Regina...

Establishing Permissive Venue and Refining 'Good Faith' under the Texas Whistleblower Act

Date: Feb 10, 1996

Establishing Permissive Venue and Refining 'Good Faith' under the Texas Whistleblower Act Introduction In the landmark case Wichita County, Texas v. Allen Hart and Ernie Williams, decided on February...

Mere Nonperformance Under Contract Does Not Constitute DTPA Violation: Crawford v. Ace Sign

Date: Feb 10, 1996

Mere Nonperformance Under Contract Does Not Constitute DTPA Violation: Crawford v. Ace Sign Introduction The case Larry Crawford, Southwestern Bell Media, Inc., and Southwestern Bell Yellow Pages,...

Attorney-Client Privilege in Fiduciary Relationships: Insights from Har v. K. Huie, Jr.

Date: Feb 10, 1996

Attorney-Client Privilege in Fiduciary Relationships: Insights from Har v. K. Huie, Jr. Introduction The case of Har v. K. Huie, Jr., decided by the Supreme Court of Texas on February 9, 1996,...

Factual Sufficiency Review in Criminal Appeals: CLEWIS v. STATE Establishes New Appellate Standard

Date: Feb 1, 1996

Factual Sufficiency Review in Criminal Appeals: CLEWIS v. STATE Establishes New Appellate Standard Introduction CLEWIS v. STATE, 922 S.W.2d 126 (Tex. 1996), is a landmark decision by the Court of...

Severance Damages in Condemnation: Texas v. Heal Establishes Critical Boundaries

Date: Jan 19, 1996

Severance Damages in Condemnation: Texas v. Heal Establishes Critical Boundaries Introduction The landmark case, State of Texas and City of Dallas v. John C. Heal et ux., adjudicated by the Supreme...

Exemption from Temporary Field Rules: Railroad Commission of Texas v. Torch Operating Company

Date: Dec 23, 1995

Exemption from Temporary Field Rules: Railroad Commission of Texas v. Torch Operating Company Introduction The case of Railroad Commission of Texas and Goodrich Oil Company v. Torch Operating Company...

Mandamus Relief Reinforces Arbitration Agreements in Securities Industry Disputes

Date: Nov 17, 1995

Mandamus Relief Reinforces Arbitration Agreements in Securities Industry Disputes Introduction The Supreme Court of Texas, on November 16, 1995, delivered a pivotal judgment in the case of Prudential...