Texas Case Commentaries

Bertucci v. Watkins: Appellate Briefing of Derivative Claims, Individual Fiduciary Duties Between Co‑Owners, and the Dead Man’s Rule

Date: Mar 22, 2025

Bertucci v. Watkins: Appellate Briefing of Derivative Claims, Individual Fiduciary Duties Between Co‑Owners, and the Dead Man’s Rule I. Introduction The Supreme Court of Texas’s decision in...

Regulatory Takings in the Floodplain: Police-Power and NFIP-Driven Ordinances Are Not Immune from Texas Takings Claims

Date: Mar 22, 2025

Regulatory Takings in the Floodplain: Police-Power and NFIP-Driven Ordinances Are Not Immune from Texas Takings Claims I. Introduction The Supreme Court of Texas’s decision in The Commons of Lake...

Elliott v. City of College Station: Constitutional Avoidance and the Duty to Abate ETJ Challenges in Light of SB 2038

Date: Mar 22, 2025

Elliott v. City of College Station: Constitutional Avoidance and the Duty to Abate ETJ Challenges in Light of SB 2038 I. Introduction In Shana Elliott and Lawrence Kalke v. City of College Station,...

Statutory Self‑Help Before Constitutional Adjudication: The Texas Supreme Court’s ETJ Opt‑Out Framework in Elliott v. City of College Station

Date: Mar 22, 2025

Statutory Self‑Help Before Constitutional Adjudication: The Texas Supreme Court’s ETJ Opt‑Out Framework in Elliott v. City of College Station I. Introduction The Supreme Court of Texas’s decision in...

The Commons of Lake Houston v. City of Houston: Police Power, NFIP Compliance, and Regulatory Takings Under the Texas Constitution

Date: Mar 22, 2025

No Categorical Police-Power Immunity for Floodplain Regulations: Commentary on The Commons of Lake Houston, Ltd. v. City of Houston, Supreme Court of Texas (Mar. 21, 2025) I. Introduction In The...

Prioritizing ETJ Opt-Out Remedies and Constitutional Avoidance in Elliott v. City of College Station

Date: Mar 21, 2025

Prioritizing ETJ Opt-Out Remedies and Constitutional Avoidance in Elliott v. City of College Station I. Introduction In Shana Elliott and Lawrence Kalke v. City of College Station, Texas, the Supreme...

Statutory ETJ Opt-Out as a Precondition to Constitutional Challenges: Commentary on Elliott v. City of College Station

Date: Mar 21, 2025

Statutory ETJ Opt-Out as a Precondition to Constitutional Challenges: Commentary on Elliott v. City of College Station I. Introduction The Supreme Court of Texas’s decision in Shana Elliott and...

Judicial Power, Mootness, and Administrative Finality: Commentary on In re Carlson (Tex. 2025)

Date: Mar 20, 2025

Judicial Power, Mootness, and Administrative Finality: Commentary on In re Carlson (Tex. 2025) I. Introduction The Supreme Court of Texas’s decision in In re Carlson, No. 24‑0081 (Apr. 25, 2025), is...

Closing the Tag-Along Venue Loophole: Limits on Interlocutory Appeals Under Texas Civil Practice & Remedies Code § 15.003(b)

Date: Mar 20, 2025

Closing the Tag-Along Venue Loophole: Limits on Interlocutory Appeals Under Texas Civil Practice & Remedies Code § 15.003(b) I. Introduction The Supreme Court of Texas’s decision in Rush Truck...

Unequivocal Withdrawal of Termination Binds the Court: Commentary on D.V. v. Texas Department of Family and Protective Services

Date: Mar 20, 2025

“If the State Is Not Seeking Termination, the Court May Not Terminate” A Commentary on D.V. v. Texas Department of Family and Protective Services I. Introduction The Supreme Court of Texas’s decision...

When Duration Equals Scope: Delegating the Temporal Reach of Arbitration Agreements in Cerna v. Pearland Urban Air

Date: Mar 20, 2025

When Duration Equals Scope: Delegating the Temporal Reach of Arbitration Agreements in Cerna v. Pearland Urban Air I. Introduction The Supreme Court of Texas’s decision in Abigail Dalila Cerna, as...

Clarifying Railway Labor Act Preemption and Validating Union Member Claim Assignments: Commentary on The Boeing Company v. SWAPA

Date: Mar 20, 2025

Clarifying Railway Labor Act Preemption and Validating Union Member Claim Assignments: A Commentary on The Boeing Company v. Southwest Airlines Pilots Association I. Introduction The Supreme Court of...

Unequivocal Withdrawal of Termination Requests in Texas Parental‑Rights Cases: Commentary on D.V. v. Texas Department of Family and Protective Services

Date: Mar 20, 2025

Unequivocal Withdrawal of Termination Requests in Texas Parental‑Rights Cases: Commentary on D.V. v. Texas Department of Family and Protective Services I. Introduction The Supreme Court of Texas’s...

Temporal Reach as Scope: Delegation of Arbitration Duration Questions in Cerna v. Pearland Urban Air, LLC

Date: Mar 20, 2025

Temporal Reach as Scope: Delegation of Arbitration Duration Questions in Cerna v. Pearland Urban Air, LLC I. Introduction In Abigail Dalila Cerna, as Next Friend of R.W. v. Pearland Urban Air, LLC,...

Railway Labor Act Preemption and Mass Claim Assignments: Commentary on The Boeing Company v. SWAPA

Date: Mar 20, 2025

Railway Labor Act Preemption and Mass Claim Assignments: Commentary on The Boeing Company v. Southwest Airlines Pilots Association I. Introduction The Supreme Court of Texas’s decision in The Boeing...

Narrowing Interlocutory Venue Appeals in Multi‑Plaintiff Cases: Rush Truck Centers v. Sayre

Date: Mar 20, 2025

Narrowing Interlocutory Venue Appeals in Multi‑Plaintiff Cases: Rush Truck Centers of Texas, L.P. & Blue Bird Body Co. v. Sayre I. Introduction In Rush Truck Centers of Texas, L.P. and Blue Bird Body...

Mootness as a Limit on Mandamus Relief in Texas Administrative Contested Cases: Commentary on In re Carlson

Date: Mar 20, 2025

Mootness as a Limit on Mandamus Relief in Texas Administrative Contested Cases: Commentary on In re Carlson I. Introduction The Supreme Court of Texas’s decision in In re Carlson, No. 24‑0081 (Tex....

Clarifying Finality in Consolidated Cases: The Limits of Dismissal Orders in Texas Family Law

Date: Mar 15, 2025

Clarifying Finality in Consolidated Cases: The Limits of Dismissal Orders in Texas Family Law Introduction This Judgment, rendered by the Supreme Court of Texas on March 14, 2025, in the case titled...

Clarifying Standards of Proof and Instrumentality in Tax Refund Cases

Date: Mar 15, 2025

Clarifying Standards of Proof and Instrumentality in Tax Refund Cases Introduction In a landmark decision, the Supreme Court of Texas addressed a critical question in tax law: whether a private,...

Establishing the Boundaries of Derivative Appeals and Fiduciary Duties in Partnership Disputes: The Bertucci-Watkins Precedent

Date: Mar 15, 2025

Establishing the Boundaries of Derivative Appeals and Fiduciary Duties in Partnership Disputes: The Bertucci-Watkins Precedent I. Introduction The case of Christopher F. Bertucci, acting as executor...

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