Texas Case Commentaries

Reaffirming the 'Reasonable Medical Probability' Standard in Wrongful Death Cases: Park Place Hospital v. Estate of Lola Milo

Date: Nov 3, 1995

Reaffirming the 'Reasonable Medical Probability' Standard in Wrongful Death Cases: Park Place Hospital v. Estate of Lola Milo Introduction Park Place Hospital, Dorris Jones and George Zuzukin, M.D.,...

Preemption of Wrongful Death Statute of Limitations by the Medical Liability Act in Nataranja Bala v. Martha Sue Maxwell

Date: Nov 3, 1995

Preemption of Wrongful Death Statute of Limitations by the Medical Liability Act Introduction In Nataranja Bala, M.D., Petitioner v. Martha Sue Maxwell, Indi (909 S.W.2d 889), the Supreme Court of...

Requirement of Knowing Conduct for Mental Anguish Damages under Article 21.21

Date: Oct 28, 1995

Requirement of Knowing Conduct for Mental Anguish Damages under Article 21.21 Introduction The case of State Farm Life Insurance Company and Ted H. Heaton, III v. Terri Beaston (907 S.W.2d 430)...

Unambiguous Application of Absolute Pollution Exclusions Affirmed by Texas Supreme Court

Date: Oct 6, 1995

Unambiguous Application of Absolute Pollution Exclusions Affirmed by Texas Supreme Court Introduction In the case of NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, et al. v. CBI...

Termination of Parental Rights Under TEX.FAM.CODE ANN. § 15.02: An Analytical Commentary

Date: Aug 31, 1995

Termination of Parental Rights Under TEX.FAM.CODE ANN. § 15.02: An Analytical Commentary 1. Introduction The case of Byron Dupree and Bridgette Turner v. Texas Department of Protective and Regulatory...

Reaffirming and Clarifying Anders Brief Procedures in Texas Appellate Practice

Date: Aug 11, 1995

Reaffirming and Clarifying Anders Brief Procedures in Texas Appellate Practice Introduction The case Larry Fred Mays, Appellant, v. The STATE of Texas, State., adjudicated by the Court of Appeals of...

Exoneration Requirement for Legal Malpractice Claims by Convicted Defendants: Insights from PEELER v. HUGHES LUCE and Jordan

Date: Aug 2, 1995

Exoneration Requirement for Legal Malpractice Claims by Convicted Defendants: Insights from PEELER v. HUGHES LUCE and Jordan Introduction PEELER v. HUGHES LUCE and Jordan, 909 S.W.2d 494 (Tex. 1995),...

Defining Employer Negligence and Employee Duties: Insights from I.M. Werner v. Dixie Colwell

Date: Aug 2, 1995

Defining Employer Negligence and Employee Duties: Insights from I.M. Werner v. Dixie Colwell Introduction The case of I.M. Werner, Trustee for the Eastex Meat Processing, Inc. Employee Benefit Trust,...

Texas Supreme Court Affirms No Duty of Drug Testing Laboratories to Warn About Poppy Seed Effects on Test Results

Date: Jul 22, 1995

Texas Supreme Court Affirms No Duty of Drug Testing Laboratories to Warn About Poppy Seed Effects on Test Results Introduction In the landmark case of SmithKline Beecham Corporation and SmithKline...

Texas Supreme Court Establishes Clarity on Bad Faith Claims in Insurance Denials

Date: Jul 8, 1995

Texas Supreme Court Establishes Clarity on Bad Faith Claims in Insurance Denials Introduction The Supreme Court of Texas, in the landmark case of Republic Insurance Company and Southwest Adjusting...

Restricting Duty to Warn for Obvious Risks in Products Liability: Analysis of Caterpillar, Inc. v. Shears

Date: Jun 30, 1995

Restricting Duty to Warn for Obvious Risks in Products Liability: Analysis of Caterpillar, Inc. v. Shears Introduction The case of Caterpillar, Inc. and B.D. Holt Company v. Cipriano Shears et al.,...

Supreme Court of Texas Clarifies Annexation Limits for Type A Municipalities: Laidlaw Waste Systems v. City of Wilmer

Date: Jun 30, 1995

Supreme Court of Texas Clarifies Annexation Limits for Type A Municipalities: Laidlaw Waste Systems v. City of Wilmer Introduction The case of Laidlaw Waste Systems (Dallas), Inc. v. City of Wilmer,...

University of Texas Medical School at Houston v. Than: Enhancing Procedural Due Process in Academic Dismissals

Date: Jun 23, 1995

University of Texas Medical School at Houston v. Than: Enhancing Procedural Due Process in Academic Dismissals Introduction University of Texas Medical School at Houston, John C. Ribble, M.D., and M....

Respondeat Superior Liability and Official Immunity: Insights from Clara DeWITT v. Harris County

Date: Jun 23, 1995

Respondeat Superior Liability and Official Immunity: Insights from Clara DeWITT v. Harris County Introduction Clara DeWITT Et Al. v. Harris County, Texas, 904 S.W.2d 650 (Supreme Court of Texas,...

Establishing Causation Standards in Products Liability: Burroughs Wellcome Co. v. Crye

Date: Jun 16, 1995

Establishing Causation Standards in Products Liability: Burroughs Wellcome Co. v. Crye Introduction The case of Burroughs Wellcome Company v. Robert N. Crye, decided by the Supreme Court of Texas on...

Implied Warranty of Future Development Services Under DTPA Denied – Parkway Company v. Woodruff

Date: Jun 16, 1995

Implied Warranty of Future Development Services Under DTPA Denied – Parkway Company v. Woodruff Introduction Parkway Company of Texas, Inc. and Sugar Creek Corporation brought forth a legal challenge...

Affirmation of 'Unavoidable Accident' Instruction as Harmless Error in Texas Negligence Litigation

Date: Jun 16, 1995

Affirmation of 'Unavoidable Accident' Instruction as Harmless Error in Texas Negligence Litigation Introduction In the landmark case of Thelma Reinhart Sallye Treme v. William Carl Young, decided by...

E.I. du Pont de Nemours and Company v. C.R. Robinson: Establishing Reliability Standards for Expert Testimony in Texas

Date: Jun 16, 1995

E.I. du Pont de Nemours and Company v. C.R. Robinson: Establishing Reliability Standards for Expert Testimony in Texas Introduction In E.I. du Pont de Nemours and Company, Inc. v. C.R. Robinson and...

Supreme Court of Texas Establishes Limits on Surety Liability and Insures Applicability of Insurance Code

Date: Jun 16, 1995

Supreme Court of Texas Establishes Limits on Surety Liability and Insures Applicability of Insurance Code Introduction The case of Great American Insurance Company v. North Austin Municipal Utility...

No Liability for Radio Stations under Joint Enterprise, Civil Conspiracy, and Negligent Promotion in Dram Shop Cases: Texas Supreme Court

Date: Jun 9, 1995

No Liability for Radio Stations under Joint Enterprise, Civil Conspiracy, and Negligent Promotion in Dram Shop Cases: Texas Supreme Court Introduction The case of Triplex Communications, Inc. d/b/a...