Texas Case Commentaries

Reinforcing the Common Knowledge Defense: Seagram v. McGuire

Date: Oct 3, 1991

Reinforcing the Common Knowledge Defense: Seagram v. McGuire Introduction The case of Joseph E. Seagram Sons, Inc. et al. v. Ronald Wayne McGuire et al. (814 S.W.2d 385) adjudicated by the Supreme...

Mandatory Exhaustion of Administrative Remedies under the Texas Commission on Human Rights Act: Insights from SCHROEDER v. TEXAS IRON WORKS, Inc.

Date: Sep 19, 1991

Mandatory Exhaustion of Administrative Remedies under the Texas Commission on Human Rights Act: Insights from SCHROEDER v. TEXAS IRON WORKS, Inc. Introduction The case of Thomas C. SCHROEDER v. TEXAS...

Texas Supreme Court Limits on Personal Jurisdiction Over Foreign Insurers

Date: Sep 12, 1991

Texas Supreme Court Limits on Personal Jurisdiction Over Foreign Insurers Introduction In the landmark case of Guardian Royal Exchange Assurance, Ltd. v. English China Clays, P.L.C. et al. (815...

Choice of Law in Indemnity Provisions: Supreme Court of Texas Upholds Validity Under Kansas Law (Maxus Exploration Co. v. Moran Bros.)

Date: Sep 12, 1991

Choice of Law in Indemnity Provisions: Supreme Court of Texas Upholds Validity Under Kansas Law Introduction The Supreme Court of Texas, in Maxus Exploration Co., f/k/a Diamond Shamrock Exploration...

Handling Unpleaded Affirmative Defenses in Summary Judgment: Insights from Roark v. Stallworth Oil and Gas

Date: Sep 12, 1991

Handling Unpleaded Affirmative Defenses in Summary Judgment: Insights from Roark v. Stallworth Oil and Gas Introduction Case: Gordon L. Roark, Jr. v. Stallworth Oil and Gas, Inc. et al. Court:...

Effective Assistance of Counsel: Revisiting Strickland Standards in StafFORD v. STATE of Texas

Date: Jul 4, 1991

Effective Assistance of Counsel: Revisiting Strickland Standards in StafFORD v. STATE of Texas Introduction Case Citation: Edmond Albert Stafford, Appellant, v. The STATE of Texas, Appellee. Court of...

MONTGOMERY v. STATE (810 S.W.2d 372): Clarifying the Admissibility of Extraneous Misconduct Evidence under Texas Rules of Criminal Evidence

Date: Jun 20, 1991

MONTGOMERY v. STATE (810 S.W.2d 372): Clarifying the Admissibility of Extraneous Misconduct Evidence under Texas Rules of Criminal Evidence Introduction Parties Involved: Patrick Logan Montgomery...

Separation of Contract and Tort Claims: Southwestern Bell Telephone Company v. DeLanney

Date: Jun 20, 1991

Separation of Contract and Tort Claims: Southwestern Bell Telephone Company v. DeLanney Introduction Southwestern Bell Telephone Company v. Eugene C. DeLanney is a pivotal case adjudicated by the...

Affirmation of 'Avoided Cost' Limitation in Utility Rate Recovery: PUC of Texas v. Gulf States Utilities Co.

Date: Jun 20, 1991

Affirmation of 'Avoided Cost' Limitation in Utility Rate Recovery: PUC of Texas v. Gulf States Utilities Co. Introduction The case of Public Utility Commission of Texas and Office of Public Utility...

Dual Piloting and Insurance Coverage: Insights from National Union Fire Insurance Co. v. Hudson Energy Co.

Date: Jun 20, 1991

Dual Piloting and Insurance Coverage: Insights from National Union Fire Insurance Co. v. Hudson Energy Co. Introduction The legal landscape surrounding insurance coverage for aviation incidents was...

Mandamus Relief in Discovery Sanctions: TransAmerican Natural Gas Corp. v. Judge Powell

Date: Jun 20, 1991

Mandamus Relief in Discovery Sanctions: TransAmerican Natural Gas Corp. v. Judge Powell Introduction In TransAmerican Natural Gas Corporation v. Hon. William R. Powell, 811 S.W.2d 913 (Tex. 1991),...

Limitation of Liability Clauses in Warranty Claims: Insights from Southwestern Bell Telephone Co. v. FDP Corporation

Date: Jun 20, 1991

Limitation of Liability Clauses in Warranty Claims: Insights from Southwestern Bell Telephone Co. v. FDP Corporation Introduction Southwestern Bell Telephone Company ("Southwestern Bell") appealed a...

Deferred Monetary Sanctions to Preserve Appellate Rights: Analysis of Braden v. Downey

Date: Jun 20, 1991

Deferred Monetary Sanctions to Preserve Appellate Rights: Analysis of Braden v. Downey Introduction Braden v. Downey, 811 S.W.2d 922 (Tex. 1991), is a pivotal case decided by the Supreme Court of...

Assumption of Third-Party Debt Not Considered Usury: Analysis of VICTORIA BANK TRUST COMPANY v. MARLYN R. BRADY et al.

Date: Jun 20, 1991

Assumption of Third-Party Debt Not Considered Usury: Analysis of VICTORIA BANK TRUST COMPANY v. MARLYN R. BRADY Introduction The Supreme Court of Texas, in the case of Victoria Bank Trust Company v....

Exclusivity of Appellate Jurisdiction in Turnover Orders: The Schultz v. Fifth Judicial District Court of Appeals Decision

Date: Jun 13, 1991

Exclusivity of Appellate Jurisdiction in Turnover Orders: The Schultz v. Fifth Judicial District Court of Appeals Decision Introduction The case of F. Michael Schultz v. The Fifth Judicial District...

Mandamus Relief and the Ordinary Appellate Process in Condemnation Proceedings: Hooks v. Fourth Court of Appeals

Date: May 31, 1991

Mandamus Relief and the Ordinary Appellate Process in Condemnation Proceedings: Hooks v. Fourth Court of Appeals Introduction In the landmark case of William E. Hooks, Jr. v. Fourth Court of Appeals,...

Mandamus to Compel Ministerial Acts in Local Government: Analysis of M.D. Anderson Jr. v. City of Seven Points

Date: Apr 18, 1991

Mandamus to Compel Ministerial Acts in Local Government: Analysis of M.D. Anderson Jr. v. City of Seven Points Introduction The case of M.D. Anderson, Jr., et al., Petitioners, v. City of Seven...

Non-Profit Water Supply Corporations Do Not Qualify as 'Purely Public Charities' for Tax Exemption in Texas

Date: Apr 4, 1991

Non-Profit Water Supply Corporations Do Not Qualify as 'Purely Public Charities' for Tax Exemption in Texas Introduction The case of NORTH ALAMO WATER SUPPLY CORPORATION v. WILLACY COUNTY APPRAISAL...

Presumption of Possession Under Texas Turnover Statute: Beaumont Bank v. Patricia H. Buller

Date: Apr 4, 1991

Presumption of Possession Under Texas Turnover Statute: Beaumont Bank v. Patricia H. Buller Introduction Beaumont Bank, N.A., and its Successor-in-Interest, the Federal Deposit Insurance Corp.,...

Supreme Court of Texas Clarifies Res Judicata, Collateral Estoppel, and Statute of Limitations in Fraud Litigation: Eagle Properties v. Scharbauer

Date: Mar 28, 1991

Supreme Court of Texas Clarifies Res Judicata, Collateral Estoppel, and Statute of Limitations in Fraud Litigation: Eagle Properties v. Scharbauer Introduction Eagle Properties, Ltd. et al. v....