Case law

In Re Alcatel USA, Inc.

43 Tex. Sup. Ct. J. 278 · Texas Supreme Court · Jan 6, 2000

appeared to be nothing more than an effort to harass or pressure settlement by needlessly increasing the costs of litigation. 5 Deciding that it was appropriate to alert courts to such undue discovery burden and harassment, we established … Why should a litigant be forced to depose the least qualified witness when it could depose the most qualified if they have the same information?

Texas Mutual Insurance Company, Hartford Underwriters Insurance Company, Tasb Risk Management Fund, Transportation Insurance Company, Truck Insurance Exchange, Twin City Fire Insurance Company, Valley Forge Insurance Company v. Phi Air Medical, LLC

Texas Supreme Court · Jun 26, 2020

for [McCarran–Ferguson’s] exemption from preemption, but a specific statutory provision could qualify by ‘possess[ing] the end, intention, or aim of adjusting, managing, or controlling the business of insurance.’” … include . . . insurance carriers.”). 29 See, e.g., id. §§ 402.021(b)(8) (“It is the intent of the legislature that . . . the workers’ compensation system of this state must . . . effectively educate and clearly

Owens & Minor, Inc. v. Ansell Healthcare Products, Inc.

51 Tex. Sup. Ct. J. 643 · Texas Supreme Court · Mar 28, 2008

While the seller’s interest might be served in either case, it is clearly not in the competing manufacturer’s interest that one of its rivals is handed the task of defending its product. … Under the statute, an innocent seller is guaranteed indemnity from any per *489 son who qualifies as a manufacturer under Section 82.001(4).

Southwestern Bell Telephone Company v. Marketing on Hold, Inc. D/B/A Southwest Tariff Analyst

Texas Supreme Court · Feb 19, 2010

The Court states that it is not deciding whether an assignee can ever be an adequate class representative, but if STA doesn’t qualify it is hard to imagine who would. … Clearly non-cash remedies have not been ruled out, and the testimony of STA’s employee does not indicate otherwise.

Wentworth v. Meyer

35 Tex. Sup. Ct. J. 1137 · Texas Supreme Court · Sep 16, 1992

this prior constitutional interpretation, which it euphemistically calls a “reevalu-at[ion],” 839 S.W.2d at 768, the plurality offers very little new analysis. 4 The proper constitutional interpretative method is now well-established … Clearly the intent of one appointing or voting to elect is to place another in office for a full term. Our decision in Lee correctly gives full effect to the literal text of the Constitution.

Ex Parte Abell

24 Tex. Sup. Ct. J. 290 · Texas Supreme Court · Mar 18, 1981

The privilege afforded by the statute was clearly applicable then. … professional determines that there is a probability of imminent physical injury by the patient/client to himself or to others, or where there is a probability of immediate mental or emotional injury to the patient/client; (3) to qualified

Edgewood Independent School District v. Meno

893 S.W.2d 450 · Texas Supreme Court · Mar 2, 1995

There is clearly some tension between school districts’ interest in retaining locally-generated funds and the Legislature’s interest in fulfilling its constitutional duty to establish an efficient system of public schools … GOAL E: Qualified and effective personnel will be attracted and retained. Adequate and competitive compensation commensurate with responsibilities will be ensured.

Shell Oil Co., Inc. v. Howth

138 Tex. 357 · Texas Supreme Court · Jan 14, 1942

Gregory dies intestate in 1918, survived by his wife and ten children; and- Mary Gregory qualified as administratrix of his estate. … In our opinion, the facts of this case clearly distinguished it from the Kishi Case.

Kirby Lumber Corporation v. Lindsey

13 Tex. Sup. Ct. J. 363 · Texas Supreme Court · Jun 3, 1970

In view of the manner in which Coats qualified his testimony, it is clear that his conclusion is based almost entirely on acquiescence by the adjoining owners. … The following circumstances show clearly that McBride was mistaken as to the location of the west line of Liberty 9: (1) The northeast corner of Section 1 as located by McBride is 404.46 varas east of the Macomb southwest

Tarrant County v. Shannon

129 Tex. 264 · Texas Supreme Court · Mar 31, 1937

Article 2351, subdivision 3, Revised Civil Statutes, provides that the commissioners’ court may “Lay out and establish, change and discontinue public roads and highways.” … Article 6702 et seq. relate to the establishment of roads and a jury of view to assess the amount of damages for the taking of lands used for that purpose. H. B.

Bpx Operating Company, Bpx Properties (Na) Lp, Segundo Navarro Drilling, Ltd., First Rock I, LLC, Ef Non-Op, LLC, and South Texas Shale, Llc v. Margaret Ann Strickhausen

Texas Supreme Court · Jun 11, 2021

(emphasis added).7 We agree that parties seeking to establish implied ratification or ratification by conduct must point to words or actions that “clearly evidenc[e] an intention to ratify.” … We turn now to whether Strickhausen’s actions clearly evidence an intent to ratify BPX’s unauthorized pooling.

American K-9 Detection Services, LLC and Hill Country Dog Center, Llc v. Latasha Freeman

Texas Supreme Court · Jun 29, 2018

. §§ 901–950. 9 AMK9’s plea also asserted that it is entitled to derivative sovereign immunity and that Freeman’s claims are preempted under the Federal Tort Claims Act’s combatant-activities exception, 28 … The court of appeals held that the trial court’s sua sponte dismissal of the claims against Hill Country was erroneous because Hill Country did not submit authority to establish either Hill Country’s immunity or the trial

Weaver v. Ashcroft

50 Tex. 427 · Texas Supreme Court · Jul 1, 1878

Clearly, it was important to the defendant that this primary or leading issue be submitted to the jury, with correct instructions as to the law bearing thereon. … must be proved like any other fact, and the burden of such proof rests on the party who alleges such fraud,” should have been accompanied with some further explanation as to the character of evidence by which fraud may be established

Tarr v. Timberwood Park Owners Ass'n, Inc.

556 S.W.3d 274 · Texas Supreme Court · May 25, 2018

Our courts enforce these private agreements subject to certain well-established limitations. … Despite these principles being well established, courts have often reached seemingly divergent holdings.

Schauer v. Schauer

110 Tex. 257 · Texas Supreme Court · Feb 25, 1920

Clarence Rotsman having purchased the lands on condition of settlement and having failed to comply with the law’s requirement as to residence, through abandonment of the land himself, without leaving' thereon a qualified … The evidence not only failed to establish, but conclusively negatived, such a transfer.

BELL, ROBERT EARL Jr.

Texas Supreme Court · Sep 30, 2015

Thus, the Trial Courts' refusal to make a ruling, clearly demonstrates an intential disregard for Petitioner's/Relator's right to Access to Court. see- Bounds v. Smith, 430 U.S.817,824(1977). … Otherwise, Petitioner/Relator will be subjected to denial of due pro- cess of his right to have a ruling on his Motions/Pleadings pursuant to the right established in: In re Christensen,39 S.W.3d.250(Tex.App.

in Re Centerpoint Energy Houston Electric, Llc.

Texas Supreme Court · Jun 30, 2021

The Legislature intended PURA to “protect the public interest” by establishing a 4 546 S.W.3d 133, 142 (Tex. 2018) (citing Subaru of Am., Inc. v. … But the landowners certainly did not possess that service in the same manner that the plurality maintains Plaintiffs must possess a service in order to qualify as “affected persons”.

Texas Department of Public Safety v. Caruana

55 Tex. Sup. Ct. J. 479 · Texas Supreme Court · Mar 30, 2012

Because “[f]orensic evidence is not uniquely immune from the risk of manipulation,” forensic science “affidavits do not qualify as traditional official or business records.” Id. at 2536-38. … As the Court explained, “business and public records ‘are generally admissible absent confrontation ... because — having been created for the administration of an entity’s affairs and not for the purpose of establishing or

Mike Morath, Commissioner of Education, in His Official Capacity Glenn Hegar, Texas Comptroller of Public Accounts, in His Official Capacity The Texas State Board of Education And the Texas Education Agency v. the Texas Taxpayer and Student Fairness Coalition Calhoun County Isd Edgewood Isd Fort Bend Isd Texas Charter School Association And Joyce Coleman

59 Tex. Sup. Ct. J. 771 · Texas Supreme Court · May 13, 2016

As we stated in Edgewood III, “Clearly, if the State merely authorized a tax but left the decision whether to levy it entirely up to local authorities, to be approved by voters if necessary, then the tax would not be a state … Those decisions are not immune from judicial review. Lawmakers decide if laws pass, and judges decide if those laws pass muster. But our lenient standard of review in this policy-laden area counsels modesty.

Graser v. Graser

147 Tex. 404 · Texas Supreme Court · Dec 8, 1948

Graser promptly proceeded to probate the document as his will, procured appointment of herself as administratrix with the will annexed, qualify as such and file an inventory and appraisement, which was duly approved, including … Graser, establishes for all purposes here that it was not her will, even if we otherwise were inclined to different view, which we are not.