Case law

Dowden, Christopher Toby

Texas Supreme Court · Feb 2, 2015

Immunity from procedural default .......................................................................... 30 d. … In cases where people are clearly convicted only for unconstitutional offenses, it is not necessary for courts re-evaluate and re- weigh the evidence.

Transcor Astra Group S.A. v. Petrobras America Inc.

Texas Supreme Court · Apr 29, 2022

Some of the agreement’s other provisions, for example, specify a forum for the resolution of disputes “arising out of or related to” the agreement, waive Petrobras’s sovereign immunity for “any action related to” the agreement … But the 2012 settlement agreement just as clearly confirms that the parties later agreed to resolve all claims and to supersede the stock-purchase agreement.

General Telephone Co. v. City of Wellington

156 Tex. 238 · Texas Supreme Court · Oct 3, 1956

A return of less than 2 per cent obviously qualifies as unreasonable under existing economic conditions of general knowledge as well as under the uncontested proof made at the hearing in this case. … In the instant case, if we may go by the “Conclusions of Law” of the trial judge, any “discretion” exercised by him would have to consist of his two clearly erroneous holdings that (a) the rate and penalty ordinances somehow

State v. Credit Bureau of Laredo, Inc.

19 Tex. Sup. Ct. J. 43 · Texas Supreme Court · Nov 5, 1975

It contains no reference to contempt, but clearly refers to civil penalties. … It is well-established that the Bill of Rights provision continues the right to a jury in all actions where that right existed at the time the Constitution was adopted. White v.

National Tank Co. v. Brotherton

851 S.W.2d 193 · Texas Supreme Court · Apr 7, 1993

This of course is the subject matter test, an approach clearly available, but not selected, when the Texas rules were drafted. NAT-CO relies on Hulen D. … In such a case, certain employees of the insurer may qualify as representatives of the insured.

Miller v. Barler

89 Tex. 264 · Texas Supreme Court · Feb 27, 1896

This language, if standing alone, would indicate an unconditional liability to pay the entire sum of $12,000, but it is qualified by language showing the particular intent and meaning of the parties in the use of such language … This language, taken in connection with the fact that the deed contains a reservation of the vendor’s lien to secure a note for the $3000, but makes no further mention of the $4000, clearly shows the intent and agreement

Anderson, Clayton & Co. v. State ex rel Allred

122 Tex. 530 · Texas Supreme Court · Jun 24, 1933

The authorities sustain the exception to the foregoing rule that the State’s immunity from suit does not extend to a suit against state officers to enjoin the enforcement of an invalid law to the injury of the legal rights … Subject to certain fixed exceptions, the rule that injunctive proceedings will not be permitted to stay the enforcement of penal statutes is established beyond cavil.

Charles G. Hooks, III v. Samson Lone Star, Limited Partnership, N/K/A Samson Lone Star Llc

58 Tex. Sup. Ct. J. 252 · Texas Supreme Court · Jan 30, 2015

Indeed, Hooks presented testimony that this plat clearly placed the bottom hole outside of the protected zone. … To establish fraudulent inducement, “the elements of fraud must be established as they relate to an agreement between the parties.” Haase, 62 S.W.3d at 798–99.

Publix Theatres Corp. v. Powell

123 Tex. 304 · Texas Supreme Court · May 2, 1934

The action is clearly one for recovery of the value of the property destroyed and not for recovery of damages done to the freehold. … He says also: “It is well established that Powell cannot have a double recovery.

Stedman v. GEORGETOWN S. & L. ASS'N

595 S.W.2d 486 · Texas Supreme Court · Dec 12, 1979

The commitment letter which established the agreement between the association and Mr. … —Fort Worth 1977, writ ref'd n. r. e.), is clearly distinguishable.

Burlington Northern Railroad v. TUCO Inc.

960 S.W.2d 629 · Texas Supreme Court · Dec 4, 1997

Levine, 675 F.2d 1197, 1201 (11th Cir.1982), and is clearly intended to parallel the broad approach of Commonwealth Coatings. See Schmitz, 20 F.3d at 1047 ; Middlesex, 675 F.2d at 1201 . … We emphasize that this evident partiality is established from the nondisclosure itself, regardless of whether the nondiselosed information necessarily establishes partiality or bias.

In Re GlobalSanteFe Corp.

275 S.W.3d 477 · Texas Supreme Court · Dec 5, 2008

This law does not clearly conflict with federal maritime law. … medical science. 74 The requirement that a qualified reader find a profusion grading of 1/0 or 1/1, found in section 90.004(a)(3)(A), assures that the reader has found at least some abnormality in the x-ray. 75 All of these

General Telephone Co. of Southwest v. City of Wellington

294 S.W.2d 385 · Texas Supreme Court · Oct 3, 1956

A return of less than 2 per cent obviously qualifies as unreasonable under existing economic conditions of general knowledge as well as under the uncontested proof made at the hearing in this case. … “discretion” exercised by, him .would have to consist of his two clearly erroneous holdings that (a) the rate and penalty ordinances somehow posed no threat that either would be- enforced and (b) as, a. matter of law, the

Charles Scribner's Sons v. S.M.N. Marrs

114 Tex. 11 · Texas Supreme Court · May 7, 1924

The constitutional provision for the State to pay for them was adopted in the light of this well established policy. … That is clearly not within the powers of a court or of a ministerial officer.

Kerry Heckman, on Behalf of Themselves and All Other Persons Similarly Situated v. Williamson County

55 Tex. Sup. Ct. J. 803 · Texas Supreme Court · Jun 8, 2012

5 to all cases except in criminal law matters.”13 Thus, if defendants are correct and this appeal constitutes a criminal law matter, then we lack the authority to decide it.14 No one rule clearly … A plaintiff’s burden to establish standing does not decrease just because he brings his suit as a class action.

Santa Rosa Infirmary v. City of San Antonio

259 S.W. 926 · Texas Supreme Court · Mar 12, 1924

As clearly pointed out by Justice Gaines in Land Co. v. McClelland, 86 Tex, 179, 23 S. W. 576, 1100 , 22 L. R. … The Santa Rosa Clinic was established in 1914 by Bishop Shaw, Dr. Burris, and the late Dr.

State v. City of Austin

160 Tex. 348 · Texas Supreme Court · Jan 6, 1960

Commission shall have the power to construct, maintain and operate designated state highways in any area of the state, whether in or outside the limits of any municipal corporation, and that the exercise of such power shall qualify … Southwestern Bell Telephone Co., 338 Mo. 617 , 92 S.W. 2d 612 . 8 Highway construction is clearly a governmental purpose for which public funds may properly be expended. See Texas Constitution.

Padilla v. LaFrance

907 S.W.2d 454 · Texas Supreme Court · Oct 5, 1995

Although Padilla’s motion for reconsideration was premature, it clearly assailed the court’s final judgment. It thus qualifies as a premature motion to modify the judgment, extending the appellate timetable. … Padilla clearly ratified the agreement by tendering the settlement funds and seeking enforcement.

Texas Municipal League Intergovernmental Risk Pool v. Texas Workers' Compensation Commission

45 Tex. Sup. Ct. J. 533 · Texas Supreme Court · Apr 4, 2002

The Subsequent Injury Fund The Fund, originally established in 1947 as the Second Injury Fund, is a special TWCC-administered account in the state treasury. Tex. Lab.Code ง 403.006(a). … The Legislature established the Fund to pay lifetime workers' compensation benefits to injured employees and to encourage employers to hire people with disabilities or preexisting injuries. Miears v.

Schaefer v. Texas Employers' Insurance Ass'n

24 Tex. Sup. Ct. J. 163 · Texas Supreme Court · Dec 31, 1980

The evidence fails to establish that any bacteria was present in the soil where Schaefer worked. Quoting from Dr. … There is clearly some evidence of causation when Dr.