Texas Case Commentaries

Clarifying Causation Standards in FELA Cases: Insights from Mitchell v. Missouri-Kansas-Texas Railroad Company

Date: Feb 22, 1990

Clarifying Causation Standards in FELA Cases: Insights from Mitchell v. Missouri-Kansas-Texas Railroad Company Introduction The case of H.W. Mitchell v. Missouri-Kansas-Texas Railroad Company,...

Establishing General Jurisdiction Through Systematic and Continuing Contacts: SCHLOBOHM v. SCHAPIRO Commentary

Date: Feb 15, 1990

Establishing General Jurisdiction Through Systematic and Continuing Contacts: SCHLOBOHM v. SCHAPIRO Commentary Introduction The Supreme Court of Texas, in SCHLOBOHM v. SCHAPIRO (784 S.W.2d 355,...

Expanding Governmental Liability: Waiver of Immunity under Texas Tort Claims Act in Robinson v. Central Texas MHMR

Date: Nov 23, 1989

Expanding Governmental Liability: Waiver of Immunity under Texas Tort Claims Act in Robinson v. Central Texas MHMR Introduction Robinson v. Central Texas MHMR Center, 780 S.W.2d 169 (Tex. 1989), is a...

Jurisdictional Sufficiency of Petitions in Wrongful Death Actions: Insights from Peek v. Equipment Service Company

Date: Nov 9, 1989

Jurisdictional Sufficiency of Petitions in Wrongful Death Actions: Insights from Peek v. Equipment Service Company Introduction Peek v. Equipment Service Company of San Antonio is a pivotal case...

Texas Supreme Court Establishes Comprehensive Guidelines for Underinsured Motorist Coverage in Stracener v. USAA (1989)

Date: Oct 19, 1989

Texas Supreme Court Establishes Comprehensive Guidelines for Underinsured Motorist Coverage in Stracener v. USAA (1989) Introduction The Texas Supreme Court, in the landmark case Stracener v. United...

Revised Standards for Summary Judgment in Public Figure Defamation: Insights from Casso v. Brand

Date: Oct 12, 1989

Revised Standards for Summary Judgment in Public Figure Defamation: Insights from Casso v. Brand Introduction Ramiro Casso, M.D., Petitioner, v. Othal E. Brand, Respondent (776 S.W.2d 551) is a...

Defining Litigation Commencement in Workers' Compensation Cases: Flores v. The Fourth Court of Appeals

Date: Oct 12, 1989

Defining Litigation Commencement in Workers' Compensation Cases: Flores v. The Fourth Court of Appeals Introduction In the landmark case George Flores v. The Fourth Court of Appeals (777 S.W.2d 38,...

Mandamus Standards in Discovery Objections: Analyzing Loftin v. Martin

Date: Oct 5, 1989

Mandamus Standards in Discovery Objections: Analyzing Loftin v. Martin Introduction Loftin v. Martin, 776 S.W.2d 145 (Tex. 1989), is a pivotal case adjudicated by the Supreme Court of Texas that...

Edgewood I.S.D. v. Kirby: Redefining Efficiency in Texas School Financing

Date: Oct 3, 1989

Edgewood I.S.D. v. Kirby: Redefining Efficiency in Texas School Financing Introduction Edgewood Independent School District et al., Petitioners, v. William Kirby et al., Respondents, 777 S.W.2d 391,...

Assessment of Attorneys' Fees under the Deceptive Trade Practices Act: Har v. Donwerth et ux.

Date: Sep 21, 1989

Assessment of Attorneys' Fees under the Deceptive Trade Practices Act: Har v. Donwerth et ux. Introduction Harvey E. Donwerth et ux., Petitioners, appealed the decision of the Supreme Court of Texas...

Interstate vs. Intrastate Commerce in Motor Carrier Operations: Southern States Transportation, Inc. v. Texas

Date: Sep 14, 1989

Interstate vs. Intrastate Commerce in Motor Carrier Operations: Southern States Transportation, Inc. v. Texas Introduction The case of Southern States Transportation, Inc. v. The State of Texas (774...

Establishing Civil Nature of Disciplinary Actions: State Bar of Texas v. Robert L. Evans, Jr. Commentary

Date: Sep 14, 1989

Establishing Civil Nature of Disciplinary Actions: State Bar of Texas v. Robert L. Evans, Jr. Introduction State Bar of Texas v. Robert L. Evans, Jr. is a pivotal 1989 decision by the Supreme Court...

Supreme Court of Texas Reinforces Objective Standard in Legal Malpractice: Disallows 'Good Faith' Defense in COSGROVE v. GRIMES

Date: Jun 29, 1989

Supreme Court of Texas Reinforces Objective Standard in Legal Malpractice: Disallows 'Good Faith' Defense in COSGROVE v. GRIMES Introduction In Frank Cosgrove v. Walter Grimes et al., the Supreme...

Actual Malice and Summary Judgment in Defamation Cases: Carr and Thiel v. Brasher

Date: Jun 22, 1989

Actual Malice and Summary Judgment in Defamation Cases: Carr and Thiel v. Brasher Introduction The case of Carr and Thiel v. Lynn Brasher (776 S.W.2d 567) presents a pivotal moment in Texas...

Reaffirming Covenantal Obligations in Oil and Gas Lease Assignments: La v. Na Rogers and Its Implications

Date: Jun 15, 1989

Reaffirming Covenantal Obligations in Oil and Gas Lease Assignments: La v. Na Rogers and Its Implications Introduction La v. Na Rogers, et al., decided by the Supreme Court of Texas on June 14, 1989,...

Discovery Rule in Statute of Limitations: Insights from Peggy Woods v. William M. Mercer, Inc.

Date: Jun 8, 1989

Discovery Rule in Statute of Limitations: Insights from Peggy Woods v. William M. Mercer, Inc. Introduction The case of Peggy Woods, C.R.N.A. v. William M. Mercer, Inc., adjudicated by the Supreme...

Affirming Proper Objections to Undisclosed Fact Witnesses under Texas Civil Procedure: MCKINNEY v. NATIONAL UNION FIRE Insurance

Date: Jun 8, 1989

Affirming Proper Objections to Undisclosed Fact Witnesses under Texas Civil Procedure: MCKINNEY v. NATIONAL UNION FIRE Insurance Introduction Case Citation: Doris McKINNEY, Petitioner, v. NATIONAL...

Texas Supreme Court Upholds Property Tax Rollback Mechanism: Vinson v. Burgess and Ellis County v. Winborne

Date: Jun 1, 1989

Texas Supreme Court Upholds Property Tax Rollback Mechanism: Vinson v. Burgess and Ellis County v. Winborne Introduction The Supreme Court of Texas, in the consolidated appeal of Jimmy Vinson et al....

Defect Proof Required for Implied Warranty of Merchantability: PLAS-TEX, INC. v. U.S. Steel

Date: May 18, 1989

Defect Proof Required for Implied Warranty of Merchantability: PLAS-TEX, INC. v. U.S. Steel Introduction The case of PLAS-TEX, INC. et al. v. U.S. Steel Corporation, decided by the Supreme Court of...

Appellate Courts Cannot Issue Writs to Protect Dismissed Appeals: HOLLOWAY v. FIFTH COURT OF APPEALS

Date: Apr 20, 1989

Appellate Courts Cannot Issue Writs to Protect Dismissed Appeals: HOLLOWAY v. FIFTH COURT OF APPEALS Introduction The case of Pat S. Holloway v. The Fifth Court of Appeals, reported as 767 S.W.2d...