Texas Case Commentaries

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,...

Supreme Court of Texas Upholds Fraudulent Concealment Exception in Medical Malpractice Claims

Date: Nov 24, 1983

Supreme Court of Texas Upholds Fraudulent Concealment Exception in Medical Malpractice Claims Introduction The case of Catherine Borderlon v. Dr. Reigh Peck, decided by the Supreme Court of Texas on...

Probable Cause and Conspiracy in Malicious Prosecution: Insights from Gloria D. Akin v. George L. Dahl

Date: Nov 24, 1983

Probable Cause and Conspiracy in Malicious Prosecution: Insights from Gloria D. Akin v. George L. Dahl Introduction The case of Gloria D. Akin et vir. v. George L. Dahl, adjudicated by the Supreme...

Broad Interpretation of 'Use' in Texas Tort Claims Act: Salcedo v. El Paso Hospital District

Date: Oct 27, 1983

Broad Interpretation of 'Use' in Texas Tort Claims Act: Salcedo v. El Paso Hospital District Introduction The Supreme Court of Texas, in the landmark case of Alicia Salcedo et al. v. El Paso Hospital...

Enforcement of Individual Covenants Not to Compete in Partnership Agreements

Date: Oct 6, 1983

Enforcement of Individual Covenants Not to Compete in Partnership Agreements Introduction In the landmark case of L.E. "Gene" Henshaw et al. v. Louis Kroenecke et al., the Supreme Court of Texas...

Requiring Specific Sales Proof in Slander of Title Actions: Insights from W.G. Ellis v. G.C. Waldrop et al.

Date: Sep 22, 1983

Requiring Specific Sales Proof in Slander of Title Actions: Insights from W.G. Ellis v. G.C. Waldrop et al. Introduction The Supreme Court of Texas, in the case of W.G. Ellis, Petitioner, v. G.C....

Due Process Protections in Criminal Contempt Proceedings: Ex parte Gerald W. Johnson

Date: Jul 7, 1983

Due Process Protections in Criminal Contempt Proceedings: Ex parte Gerald W. Johnson Introduction Ex parte Gerald W. Johnson (654 S.W.2d 415) is a pivotal case adjudicated by the Supreme Court of...