Case law

Diversicare General Partner, Inc. v. Rubio

49 Tex. Sup. Ct. J. 19 · Texas Supreme Court · Oct 14, 2005

Rubio's pleadings do not clearly establish whether all of her claims pertain to breach of the "applicable *864 standard of care for health care providers," MacGregor Med. … Because the pleadings in this case did not allege facts establishing whether Ms.

Unauthorized Practice of Law Committee v. American Home Assurance Co.

51 Tex. Sup. Ct. J. 590 · Texas Supreme Court · Mar 28, 2008

Without pleadings and proof establishing that the activities of the Foundation constitute the practice of law, cases such as San Antonio Bar Association v. … In such circumstances, it defies reason to believe that staff attorneys will be immune from cost-cutting of some nature, even if they are immune at all other times.

James Construction Group, LLC and Primoris Services Corporation v. Westlake Chemical Corporation

Texas Supreme Court · May 20, 2022

Westlake responds that under well-established Texas law, substantial compliance with a contract’s notice requirements is sufficient to satisfy them. … So, clearly, you can say a 72-hour period started at that time. But we’re not using the word “notice,” and we’re not using the word “default.”

in Re Memorial Hermann Hospital System Memorial Hermann Physician Network Michael MacRis, M.D. Michael MacRis, M.D., P.A. And Keith Alexander

58 Tex. Sup. Ct. J. 975 · Texas Supreme Court · May 22, 2015

Gomez argues that Memorial Hermann failed to establish that the investigations were performed for the purpose of quality assessment, or that the committee was established by bylaws. … For example, certain conduct—regardless of its overall impact on competition—is immune from antitrust law under the 55 Copperweld Corp. v.

Ex parte Coupland

26 Tex. 386 · Texas Supreme Court · Jul 1, 1862

On the contrary, it clearly tends to sustain it. The difficulty in the minds of many seems to grow out of a failure to discriminate in the use of the word “State.” … In fact, however, nothing is better established than that neither of these governments is inferior or superior to the other.

DeCordova v. City of Galveston

4 Tex. 235 · Texas Supreme Court · Dec 15, 1849

The prohibition against the passage of retrospective laws appears to me equally to require explanation with tile inhibition against ex post facto laws ; for unless the meaning of the restriction Is qualified by its object … The rules fixing the time for the commencement of actions, whether on .causes accruing' before or after the passage of a statute, should always he clearly defined and positively prescribed by law.

Lowe v. Ragland

156 Tex. 504 · Texas Supreme Court · Jan 9, 1957

If a definite location shall be established, judgment shall be rendered upon the basis that the three tracts are excepted from the 1942 deed with a specific decree entered accordingly. … The recital in question was clearly not contractual within the meaning of the cited cases such as Collins v.

Starke, Guardian v. Guffey Petroleum Co.

98 Tex. 542 · Texas Supreme Court · Apr 3, 1905

Starke prior to the institution of this suit duly qualified as the guardian of their estate. … The opinion of Judge Gill of the Court of Civil Appeals in this case *550 discusses, ably and clearly, every question which has been presented to this court and satisfactorily disposes of the case.

FPL Energy, LLC v. TXU Portfolio Management Co.

57 Tex. Sup. Ct. J. 325 · Texas Supreme Court · Mar 21, 2014

We cannot interpret a contract to ignore clearly defined terms, see Frost Nat’l Bank, 165 S.W.3d at 313 , and, thus, we must accord Net Energy its due meaning. … In essence, the contracts allocate the risk of curtailment and congestion to FPL by clearly establishing that such events affect contract obligations only in certain instances not found here.

Jones v. State

13 Tex. 168 · Texas Supreme Court · Jul 1, 1854

of morality • in a man, or woman either, but it did not render her infamous in the legal sense of the term infamous; and all the witnesses said they knew nothing against her character for truthfulness, therefore she was clearly … qualification to this rule, and that is, that the confessions are not to be cut up, and a part onjy received, and that part against the accused; but that all that the party said, at- the time of making the alleged confession, to qualify

Board of Insurance Commissioners v. Great Southern Life Insurance

150 Tex. 258 · Texas Supreme Court · May 2, 1951

Southern for insuring the lives of individuals, except that attached to the policies and forming a part thereof was a supplemental provision reading as follows: “CONTROL “In accordance with the request of the Insured, who is a qualified … It will be presumed that classifications made by the legislature are reasonable and one challenging the reasonableness thereof must assume the burden of clearly establishing the arbitrary nature of the classifications.

Colden v. Alexander

141 Tex. 134 · Texas Supreme Court · Apr 14, 1943

The above-mentioned will was duly probated in the State of California on June 9, 1938, and the executors named therein duly qualified as such in that State. … Also, such will was duly probated in Pecos County, Texas, on August 21, 1939, and the executors named therein duly qualified as such in this State.

Gilmore v. Waples

108 Tex. 167 · Texas Supreme Court · Nov 4, 1916

Justice Field said: “Instances without number exist where the meaning of words in a statute has been enlarged or restricted and qualified to carry out the *191 intention of the Legislature. … Civil rights are those which have no relation to the establishment, support, or management of the government.

Hamilton v. Hamilton

154 Tex. 511 · Texas Supreme Court · Mar 9, 1955

Norman’s right to have his father leave his property to him became fixed at his mother’s death and the establishment of the will by probate. … It was *528 clearly the intention of the testators that only the property remaining on hand at the death of the survivor should vest in the named beneficiaries or remaindermen, including respondent.

State Department of Highways & Public Transportation v. Payne

838 S.W.2d 235 · Texas Supreme Court · Dec 22, 1992

In this case, the State clearly met this test. * * * * Payne was not entitled to recover on his special defect theory as a matter of law. … Myriad courts and commentators have recognized that the common-law classifications "establish immunities from liability which no longer comport with accepted values and common experience." Smith v.

Eve Lynn Baker v. Terry Lee Bizzle

Texas Supreme Court · Mar 1, 2024

Having a judgment properly appear in the record was also essential to establish a court’s appellate jurisdiction. … And, as today’s case reflects, a purported rendition of judgment will not qualify as a rendition if it is not publicly announced. See Garza v. Tex.

in Re Greg Abbott in His Official Capacity as Governor of the State of Texas Jaime Masters in Her Official Capacity as Commissioner of the Department of Family and Protective Services And the Texas Department of Family and Protective Services

Texas Supreme Court · May 13, 2022

At that stage, before issuing orders, a court would have to decide whether the child abuse investigated and alleged by DFPS qualifies as such under Texas law. … But the whole purpose of the State’s mandamus petition is to establish its rights during the pendency of the interlocutory appeal.

Port Terminal Railroad Association v. Ross

155 Tex. 447 · Texas Supreme Court · Mar 21, 1956

The uncontradicted evidence establishes that there were other workmen within reach of plaintiff’s call who would have come to help him if he had called them. … In this, as in many other fields, the appellate courts as well as the trial court and jury must rely upon the testimony of qualified experts.

Southwestern Energy Production Co. v. Berry-Helfand

59 Tex. Sup. Ct. J. 1080 · Texas Supreme Court · Jun 10, 2016

the existence of sales qualifying for a licensing fee. … the evidence conclusively establishes the proposition.”).

in Re Crawford & Company, Crawford & Company Healthcare Management, Inc., Patsy Hogan and Old Republic Insurance Company

58 Tex. Sup. Ct. J. 408 · Texas Supreme Court · Feb 27, 2015

As we have often explained, claimants may not recast claims to avoid statutory requirements or to qualify for statutory protections. See Diversicare Gen. Partner, Inc. v. … Id. at *3–*4. 6 The Johnsons allege, for example, that Crawford “made blatantly false statements to avoid coverage and to avoid paying both income and medical benefits”; made “clearly untrue statements