Texas Case Commentaries

Supreme Court of Texas Establishes Tortious Interference Liability for At-Will Employment Contracts and Clarifies Burden of Proof

Date: Apr 13, 1989

Supreme Court of Texas Establishes Tortious Interference Liability for At-Will Employment Contracts and Clarifies Burden of Proof Introduction The case of James E. Sterner v. Marathon Oil Company...

Intrinsic Fraud Not Sufficient for Bill of Review: Pasadena v. Tice and Garcia

Date: Mar 30, 1989

Intrinsic Fraud Not Sufficient for Bill of Review: Pasadena v. Tice and Garcia Introduction The case of Lester S. Tice and Marilyn Garcia, Relators, v. City of Pasadena, Texas, and the Honorable...

Ensuring Fair Trials: Texas Supreme Court Upholds Litigants' Rights to Probe Juror Bias in 'Lawsuit Crisis' Context

Date: Mar 30, 1989

Ensuring Fair Trials: Texas Supreme Court Upholds Litigants' Rights to Probe Juror Bias in 'Lawsuit Crisis' Context Introduction The case of Artaruth Babcock, et al. v. Northwest Memorial Hospital,...

Mount Pleasant ISD v. Lindburg: Affirmation of Sovereign Immunity and Ordinary Care Standard in School Transportation

Date: Mar 30, 1989

Mount Pleasant ISD v. Lindburg: Affirmation of Sovereign Immunity and Ordinary Care Standard in School Transportation Introduction Mount Pleasant Independent School District et al., Petitioners, v....

Recognition of Illegitimate Children in Texas Wrongful Death Claims and Contributory Negligence Considerations

Date: Mar 9, 1989

Recognition of Illegitimate Children in Texas Wrongful Death Claims and Contributory Negligence Considerations Introduction The case of Glenn Ray Brown et al. v. Edwards Transfer Company, Inc.,...

Reaffirmation of Good Cause Exception in Admitting Unidentified Witnesses: Gee v. Liberty Mutual

Date: Feb 16, 1989

Reaffirmation of Good Cause Exception in Admitting Unidentified Witnesses: Gee v. Liberty Mutual Introduction The case of James Marcus Gee v. Liberty Mutual Fire Insurance Company (765 S.W.2d 394)...

Texas Supreme Court Reforms Filing Procedures for Findings and Conclusions in Non-Jury Trials

Date: Feb 16, 1989

Texas Supreme Court Reforms Filing Procedures for Findings and Conclusions in Non-Jury Trials Introduction In the landmark case of Cherne Industries, Inc., Petitioner, v. Juan Magallanes, Guardian Ad...

Dominant Jurisdiction and Compulsory Counterclaims: An Analysis of WYATT v. SHAW PLUMBING COmpany

Date: Dec 15, 1988

Dominant Jurisdiction and Compulsory Counterclaims: An Analysis of WYATT v. SHAW PLUMBING COmpany Introduction Oscar S. Wyatt, Jr. v. Shaw Plumbing Company is a landmark case decided by the Supreme...

Discovery Rule Applied to Legal Malpractice: Y v. Willis

Date: Dec 15, 1988

Discovery Rule Applied to Legal Malpractice: Y v. Willis Introduction Yvonne Willis brought a legal malpractice action against her attorney, Chilton Maverick, alleging negligence in handling her...

Reaffirming the Substantial Evidence Standard in Dental Licensing Discipline

Date: Nov 24, 1988

Reaffirming the Substantial Evidence Standard in Dental Licensing Discipline Introduction The case of TEXAS STATE BOARD OF DENTAL EXAMINERS v. Charles W. Sizemore, DDS (759 S.W.2d 114) addresses...

Enforceability of Negotiated Agreements: Foreca, S.A. v. GRD Development Company, Inc.

Date: Nov 17, 1988

Enforceability of Negotiated Agreements: Foreca, S.A. v. GRD Development Company, Inc. Introduction The Supreme Court of Texas addressed a pivotal issue in contract law in the case of Foreca, S.A. v....

Unconstitutional Medical Malpractice Damage Caps: A Landmark Texas Supreme Court Ruling

Date: Sep 22, 1988

Unconstitutional Medical Malpractice Damage Caps: A Landmark Texas Supreme Court Ruling Introduction Richard Lucas et al. v. United States of America is a pivotal case adjudicated by the Supreme...

Affirming Appellate Review of Jury’s Non-Findings: Cropper v. Caterpillar Tractor Co.

Date: Jul 14, 1988

Affirming Appellate Review of Jury’s Non-Findings: Cropper v. Caterpillar Tractor Co. Introduction Anthony Paul Cropper filed a personal injury lawsuit against Caterpillar Tractor Company, alleging...

Establishing Private Cause of Action for Unfair Claims Settlement Practices under the DTPA and Texas Insurance Code

Date: Jul 14, 1988

Establishing Private Cause of Action for Unfair Claims Settlement Practices under the DTPA and Texas Insurance Code Introduction The case of Mel v. Mel. Vail et ux., adjudicated by the Supreme Court...

Goswami v. Metropolitan Savings: Expanding Third-Party Standing in Foreclosure Proceedings

Date: Jul 7, 1988

Goswami v. Metropolitan Savings: Expanding Third-Party Standing in Foreclosure Proceedings Introduction Amiya Kumar Goswami v. Metropolitan Savings and Loan Association is a pivotal case decided by...

Waiver of Governmental Immunity in Malicious Prosecution: DAVIS v. CITY OF SAN ANTONIO

Date: Jul 7, 1988

Waiver of Governmental Immunity in Malicious Prosecution: DAVIS v. CITY OF SAN ANTONIO Introduction DAVIS v. CITY OF SAN ANTONIO (752 S.W.2d 518, Supreme Court of Texas, 1988) addresses a pivotal...

Instructed Verdicts in Medical Malpractice: Analysis of James Duff v. Dr. Frank Yelin et al.

Date: Jun 30, 1988

Instructed Verdicts in Medical Malpractice: Analysis of James Duff v. Dr. Frank Yelin et al. Introduction The case James Duff v. Dr. Frank Yelin, et al., decided by the Supreme Court of Texas on June...

Reaffirming Jury Verdicts: Limitations on Appellate Substitution in HERBERT v. HERBERT

Date: May 26, 1988

Reaffirming Jury Verdicts: Limitations on Appellate Substitution in HERBERT v. HERBERT Introduction HERBERT v. HERBERT, 754 S.W.2d 141 (Tex. 1988), adjudicated by the Supreme Court of Texas, presents...

Hurlbut v. Gulf Atlantic Life Insurance Co.: Establishing the Discovery Rule in Fraud Claims

Date: May 26, 1988

Hurlbut v. Gulf Atlantic Life Insurance Co.: Establishing the Discovery Rule in Fraud Claims Introduction In the landmark case of C. Daniel Hurlbut, et al. v. Gulf Atlantic Life Insurance Company, et...

Affirming Default Judgments: The Paramount Pipe Supply Co. v. Muhr Case and the Importance of Agency Allegations for Fair Notice

Date: May 12, 1988

Affirming Default Judgments: The Paramount Pipe Supply Co. v. Muhr Case and the Importance of Agency Allegations for Fair Notice Introduction The case of Paramount Pipe Supply Co., Inc. v. Ulrich...