Texas Case Commentaries

Establishing the Duty of Good Faith and Fair Dealing in Workers' Compensation Claims: Aranda v. Insurance Co. of North America

Date: Apr 28, 1988

Establishing the Duty of Good Faith and Fair Dealing in Workers' Compensation Claims: Aranda v. Insurance Co. of North America Introduction The case of Miguel Aranda v. Insurance Co. of North America...

Texas Supreme Court Establishes Net Worth Discovery for Punitive Damages

Date: Mar 31, 1988

Texas Supreme Court Establishes Net Worth Discovery for Punitive Damages Introduction In the landmark case of Garry Lunsford and Robert Dail v. Hon. Joseph B. Morris, the Supreme Court of Texas...

Defining 'Handicapped Person' Under Texas' Commission on Human Rights Act: Chevron v. Redmon

Date: Mar 24, 1988

Defining 'Handicapped Person' Under Texas' Commission on Human Rights Act: Chevron v. Redmon Introduction The case of Chevron Corporation v. Sheila Ann Carter Redmon (745 S.W.2d 314) adjudicated by...

Affirmation of Express Contract Over Quantum Meruit in Joint Ventures: Truly v. Austin

Date: Mar 17, 1988

Affirmation of Express Contract Over Quantum Meruit in Joint Ventures: Truly v. Austin Introduction The case of Jack D. Truly v. James D. Austin, et al., adjudicated by the Supreme Court of Texas on...

Clarifying Proximate Cause in Negligent Entrustment: Schneider v. Esperanza Transmission Co.

Date: Mar 3, 1988

Clarifying Proximate Cause in Negligent Entrustment: Schneider v. Esperanza Transmission Co. Introduction In Schneider v. Esperanza Transmission Company, 744 S.W.2d 595 (Tex. 1988), the Supreme Court...

Clarifying the Limits of Collateral Estoppel in Insurance Coverage Disputes: Employers Casualty Co. v. Block

Date: Feb 25, 1988

Clarifying the Limits of Collateral Estoppel in Insurance Coverage Disputes: Employers Casualty Co. v. Block Introduction The case Employers Casualty Company v. George Block, et ux. (744 S.W.2d 940)...

Implied Warranty for Repair Services Under DTPA Established in Melody Home v. Barneses

Date: Nov 5, 1987

Implied Warranty for Repair Services Under DTPA Established in Melody Home Manufacturing Co. v. Barneses Introduction Melody Home Manufacturing Company v. Lonnie Barnes et ux. is a landmark decision...

Reaffirmation of School District Immunity Under Texas Education Code §21.912

Date: Oct 8, 1987

Reaffirmation of School District Immunity Under Texas Education Code §21.912 Introduction The Supreme Court of Texas, in the case of Celeste Eugenia Hopkins, a/n/f of Celeste Adeline Hopkins,...

Zac Smith Company, Inc. v. Otis Elevator Company: Establishing Personal Jurisdiction Standards in Texas

Date: Sep 17, 1987

Zac Smith Company, Inc. v. Otis Elevator Company: Establishing Personal Jurisdiction Standards in Texas Introduction The landmark case of Zac Smith Company, Inc. v. Otis Elevator Company (734 S.W.2d...

Establishing Liability of Alcoholic Beverage Licensees for Serving Intoxicated Patrons: Enhanced Negligence Doctrine

Date: Jul 16, 1987

Establishing Liability of Alcoholic Beverage Licensees for Serving Intoxicated Patrons: Enhanced Negligence Doctrine Introduction The case of EL CHICO CORPORATION v. A. Bryan Poole and JOLEEMO, INC....

Foreclosure Rights of Homeowners' Associations Over Homestead Protections in Texas

Date: Jul 16, 1987

Foreclosure Rights of Homeowners' Associations Over Homestead Protections in Texas Introduction The landmark case Inwood North Homeowners' Association, Inc. v. Charlie Harris, Jr., et al., decided by...

Protective Orders in Discovery: Balancing Trade Secrets and Efficient Litigation

Date: Jul 16, 1987

Protective Orders in Discovery: Balancing Trade Secrets and Efficient Litigation Introduction The case of Manuel Garcia, Sr., Individually and as Personal Representative of the Estates of Debra...

Enforcement of Gross Military Retirement Benefits in Divorce Decrees: COOK v. CAMERON

Date: Jul 9, 1987

Enforcement of Gross Military Retirement Benefits in Divorce Decrees: COOK v. CAMERON Introduction COOK v. CAMERON (733 S.W.2d 137, Supreme Court of Texas, 1987) is a pivotal case addressing the...

Texas Supreme Court Abolishes Physical Manifestation Requirement for Negligent Infliction of Mental Anguish in St. Elizabeth Hospital v. Garrard

Date: Jun 25, 1987

Texas Supreme Court Abolishes Physical Manifestation Requirement for Negligent Infliction of Mental Anguish in St. Elizabeth Hospital v. Garrard Introduction In the landmark case of St. Elizabeth...

Money Seizure and Civil Forfeiture: Supreme Court of Texas Rules on Derivation from Drug Activity

Date: Jun 25, 1987

Money Seizure and Civil Forfeiture: Supreme Court of Texas Rules on Derivation from Drug Activity Introduction The case of FIFTY-SIX THOUSAND SEVEN HUNDRED DOLLARS IN U.S. CURRENCY, Petitioner, v....

Standard for Reviewing Remittitur Orders: Sufficiency of Evidence Over Abuse of Discretion

Date: Jun 18, 1987

Standard for Reviewing Remittitur Orders: Sufficiency of Evidence Over Abuse of Discretion Introduction The case of Lew G. Larson et al. v. Cactus Utility Company et al. (730 S.W.2d 640) adjudicated...

Judicial Oversight of Temporary Injunctions in Employment Contracts: Houston Federation of Teachers v. HISD

Date: Jun 18, 1987

Judicial Oversight of Temporary Injunctions in Employment Contracts: Houston Federation of Teachers v. Houston Independent School District Introduction The case of Houston Federation of Teachers,...

REILLY v. RANGERS MANAGEMENT: Addressing Ambiguity in Consent Requirements for Limited Partnership Amendments

Date: May 7, 1987

REILLY v. RANGERS MANAGEMENT: Addressing Ambiguity in Consent Requirements for Limited Partnership Amendments Introduction The case of Michael A. REILLY v. RANGERS MANAGEMENT, Inc. (727 S.W.2d 527)...

Exemplary Damages Against Municipalities in Proprietary Functions: Insights from CITY OF GLADEWATER v. Harold Pike, Sr.

Date: May 7, 1987

Exemplary Damages Against Municipalities in Proprietary Functions: Insights from CITY OF GLADEWATER et al. v. Harold Pike, Sr. et al. Introduction CITY OF GLADEWATER et al. v. Harold Pike, Sr. et al....

Finality of Judgments and the Admissibility of Settlement Agreements: Insights from Scurlock Oil Company v. Smithwick

Date: Mar 12, 1987

Finality of Judgments and the Admissibility of Settlement Agreements: Insights from Scurlock Oil Company v. Smithwick Introduction In Scurlock Oil Company v. Maria C. Smithwick, 724 S.W.2d 1 (Tex....