Texas Case Commentaries

Affirming Fiduciary Duties of Executive Rights Holders in Mineral Estates – MANGES v. GUERRA

Date: Jul 12, 1984

Affirming Fiduciary Duties of Executive Rights Holders in Mineral Estates – MANGES v. GUERRA Introduction The case of Clinton Manges, Petitioner, v. J.C. Guerra, et al., Respondents (673 S.W.2d 180)...

AMES v. GREAT SOUTHERN BANK: Establishing Authority in CD Transactions

Date: Jul 12, 1984

AMES v. GREAT SOUTHERN BANK: Establishing Authority in CD Transactions Introduction AMES v. GREAT SOUTHERN BANK, 672 S.W.2d 447 (1984), adjudicated by the Supreme Court of Texas, addresses pivotal...

Reinstatement of Parental Rights in Richardson v. Green: A Landmark Judgment on Hearsay Exceptions

Date: Jun 28, 1984

Reinstatement of Parental Rights in Richardson v. Green: A Landmark Judgment on Hearsay Exceptions Introduction The case of Wesley Dwight Richardson v. Priscilla Kay Green, reported as 677 S.W.2d...

Extrinsic Fraud and Fiduciary Duty: Insights from Wilkinson v. Kennedy

Date: Jun 7, 1984

Extrinsic Fraud and Fiduciary Duty: Insights from Wilkinson v. Kennedy Introduction The landmark case Virginia Lou Wilkinson Montgomery et al. v. Virginia McEntire Kennedy et al., decided by the...

Supreme Court of Texas Establishes Guidelines for Jury Instructions in Design Defect Product Liability Cases

Date: May 31, 1984

Supreme Court of Texas Establishes Guidelines for Jury Instructions in Design Defect Product Liability Cases Introduction In the landmark case of Roy ACORD, Jr. Indi v. Dually and A/N/F of Aaron...

Clarifying the Burden of Proof for Affirmative Defenses in Tortious Interference: Sakowitz, Inc. v. Diane Steck

Date: May 31, 1984

Clarifying the Burden of Proof for Affirmative Defenses in Tortious Interference: Sakowitz, Inc. v. Diane Steck Introduction The case of Sakowitz, Inc. v. Diane Steck, adjudicated by the Supreme...

Reaffirming the Burden of Proof in Substantial Performance Cases: Vance Construction Co. v. My Apartment Steak House of San Antonio, Inc.

Date: May 24, 1984

Reaffirming the Burden of Proof in Substantial Performance Cases: Vance Construction Co. v. My Apartment Steak House of San Antonio, Inc. Introduction The case of John H. Vance, D/B/A Vance...

Employer's Duty of Care for Intoxicated Employees: Insights from Otis Engineering Corp. v. Clark

Date: May 17, 1984

Employer's Duty of Care for Intoxicated Employees: Insights from Otis Engineering Corp. v. Clark Introduction Otis Engineering Corporation v. Larry Clark et al. is a pivotal 1984 decision by the...

Independent Cause of Action for Loss of Consortium: Gracia v. RC Cola-7-Up Bottling Co.

Date: May 3, 1984

Independent Cause of Action for Loss of Consortium: Gracia v. RC Cola-7-Up Bottling Co. Introduction Gracia v. RC Cola-7-Up Bottling Co. is a landmark case decided by the Supreme Court of Texas on...

Enhanced Recoverability of Mental Anguish and Loss of Use Damages under the Texas D.T.P.A.

Date: Apr 12, 1984

Enhanced Recoverability of Mental Anguish and Loss of Use Damages under the Texas D.T.P.A. Introduction Yolanda Luna v. North Star Dodge Sales, Inc., adjudicated by the Supreme Court of Texas on...

Affirming Trial Court's Discretion on Expert Testimony Disclosure: Smithson v. Cessna Aircraft Company

Date: Mar 29, 1984

Affirming Trial Court's Discretion on Expert Testimony Disclosure: Smithson v. Cessna Aircraft Company Introduction The Supreme Court of Texas, in Smithson v. Cessna Aircraft Company, addressed...

Establishing Comparative Causation in Texas Product Liability: Analysis of DUNCAN v. CESSNA AIRCRAFT CO.

Date: Mar 29, 1984

Establishing Comparative Causation in Texas Product Liability: Analysis of DUNCAN v. CESSNA AIRCRAFT CO., 665 S.W.2d 414 (Tex. 1984) Introduction DUNCAN v. CESSNA AIRCRAFT CO. is a landmark decision...

Discretionary Limits on Granting Continuances Based on Counsel Withdrawal: Texas v. Crank

Date: Mar 22, 1984

Discretionary Limits on Granting Continuances Based on Counsel Withdrawal: Texas v. Crank Introduction Texas v. John Cameron Crank, D.D.S. is a pivotal case decided by the Supreme Court of Texas on...

Re Teer v. Duddlesten et al.: Clarifying Partial Summary Judgments in Declaratory Actions

Date: Feb 23, 1984

Re Teer v. Duddlesten et al.: Clarifying Partial Summary Judgments in Declaratory Actions Introduction Reggie Teer et al. v. Wayne B. Duddlesten et al., 664 S.W.2d 702 (Tex. 1984), is a pivotal case...

Clarifying the Application of Collateral Estoppel in Cross-Claim Indemnity: BONNIWELL v. BEECH AIRCRAFT Corporation

Date: Feb 23, 1984

Clarifying the Application of Collateral Estoppel in Cross-Claim Indemnity: BONNIWELL v. BEECH AIRCRAFT Corporation Introduction The case of Mrs. Lynn E. Bonniwell, et al. v. Beech Aircraft...

Substantial Evidence and Fact-Finding in Certificate of Need Decisions: Texas Health Facilities Commission v. Charter Medical-Dallas, Inc.

Date: Feb 16, 1984

Substantial Evidence and Fact-Finding in Certificate of Need Decisions: Texas Health Facilities Commission v. Charter Medical-Dallas, Inc. Introduction Texas Health Facilities Commission et al.,...

Enforcement of Contractual Lien Provisions under Texas Law: Ogden v. Dickinson State Bank

Date: Jan 19, 1984

Enforcement of Contractual Lien Provisions under Texas Law: Ogden v. Dickinson State Bank Introduction John Wallace Ogden et ux. v. Dickinson State Bank is a pivotal case adjudicated by the Supreme...

Litton Industrial Products v. Earnest Gammage: Clarifying Treble Damages and Waiver Under the Deceptive Trade Practices Act

Date: Jan 12, 1984

Litton Industrial Products v. Earnest Gammage: Clarifying Treble Damages and Waiver Under the Deceptive Trade Practices Act Introduction The case of Litton Industrial Products, Inc. et al. v. Earnest...

Affirmation of Trial Court's Discretion in Denying Easement: Jackson v. Van Winkle

Date: Jan 1, 1984

Affirmation of Trial Court's Discretion in Denying Easement: Jackson v. Van Winkle Introduction John C. Jackson et al. v. Jesse L. Van Winkle et al. (660 S.W.2d 807), adjudicated by the Supreme Court...

Texas Supreme Court Restricts the Implied Covenant of Good Faith and Fair Dealing in Contracts

Date: Dec 15, 1983

Texas Supreme Court Restricts the Implied Covenant of Good Faith and Fair Dealing in Contracts Introduction In the landmark case of Sarah Jane English v. Jerry E. Fischer and Alice Ann Fischer,...

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