Case law

In Re Nestle USA, Inc.

56 Tex. Sup. Ct. J. 36 · Texas Supreme Court · Oct 19, 2012

Based on Allcat, we clearly have jurisdiction to consider all Nestle’s claims. … Nestle has not established that the franchise tax violates the Equal and Uniform Clause.

In re Bay Area Citizens Against Lawsuit Abuse

42 Tex. Sup. Ct. J. 182 · Texas Supreme Court · Dec 10, 1998

BACALA is a non-profit corporation organized under Texas law and qualifying under section 501(c)(6) of the Internal Revenue Code. … A party seeking relief must establish that it has no adequate remedy by appeal. See Walker v. Packer, 827 S.W.2d 838 , 840 (Tex.1992).

Richard J. Malouf, D.D.S. v. the State of Texas Ex Rels. Christine Ellis, D.D.S. and Madelayne Castillo

Texas Supreme Court · Jun 21, 2024

After all, unlike private plaintiffs, the government does not need to establish an actionable injury to bring an enforcement action; the violation of law is itself sufficient. See, e.g., Universal Brands, Inc. v. … Malouf allegedly did not know that his clinic was filing false claim forms), therefore, I would reverse and remand for the trial court to determine which (if any) forms qualify for the first batch and, as to those forms,

Witty v. American General Capital Distributors, Inc.

30 Tex. Sup. Ct. J. 244 · Texas Supreme Court · Feb 25, 1987

Two, if the legislature found it necessary in the 1856 Penal Code to qualify “person” to one bom alive, why did not the Wrongful Death Act contain the same qualification? … This is clearly inequitable.

San Antonio & A. P. Ry. Co. v. Blair

108 Tex. 434 · Texas Supreme Court · Aug 18, 1917

“No citizen of this state shall be deprived_ of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.” Section 19, art. 1. … This view is very clearly explained by Kent. O. .1., in Tillotson v. Ghoetham, 2 Johns. [N.

Rodriguez v. Service Lloyds Insurance Co.

997 S.W.2d 248 · Texas Supreme Court · Sep 9, 1999

The impairment rating may also qualify an employee for supplemental income benefits, which provide long-term disability compensation. See TEX. LAB.CODE § 408.142; see also Garcia, 893 S.W.2d at 514 . … Rather than this cryptic comment, I would rely on the Commission's established practice under the rule after years of practical experience.

St. Joseph Hospital v. Wolff

46 Tex. Sup. Ct. J. 142 · Texas Supreme Court · Nov 5, 2002

A chain of command that emphasizes graded authority and increasing responsibility as experience is gained must be established. … Joseph and the Foundation shared the requisite community of pecuniary interest in the residency program to establish a joint enterprise.

State of California, Department of Mental Hygiene v. Copus

158 Tex. 196 · Texas Supreme Court · Jan 15, 1958

This doctrine under which nations or states will not enforce "foreign" statutes is set out in 11 American Jurisprudence 310: "There are several situations in which it is well established that the forum will not enforce a … The annotator states the rule to be: "A state may be limited in the conflict of laws rules by provisions of the Federal Constitution, and in particular by the full faith and credit clause, the equal privileges and immunities

In the Interest of J.F.C.

46 Tex. Sup. Ct. J. 328 · Texas Supreme Court · Dec 31, 2002

23 We explained: Under traditional factual sufficiency standards, a court determines if a finding is so against the great weight and preponderance of the evidence that it is manifestly unjust, shocks the conscience, or clearly … Finally, the parents contend that one witness, Jasmine Khan, gave an expert opinion when she was not qualified to do so. Counsel for the parents objected on this basis.

Johnson v. Hanscom

90 Tex. 321 · Texas Supreme Court · Jan 25, 1897

The city council may, if they deem it necessary, provide said court with one or more clerks and a seal; and such clerk or clerks, when appointed and qualified under any ordinance in that behalf, shall have full power and … The section quoted is devoted exclusively to the establishment of the "Recorder's Court" of the city and to the powers, duties and emoluments of the recorder. Let us analyze its provisions.

Patrick O. Ojo, on Behalf of Himself and All Others Similarly Situated v. Farmers Group, Inc., Fire Underwriters Association, Fire Insurance Exchange, Farmers Underwriters Association, and Farmers Insurance Exchange

Texas Supreme Court · May 27, 2011

When dealing with issues of policy, this Court has consistently deferred to the judgment of the Legislature, and has not created causes of action where the Legislature did not clearly express a desire to do so. … IT-DAVY, 74 S.W.3d 849, 854 (Tex. 2002) (similarly holding that in the realm of statutory waiver of sovereign immunity, it is the Texas Legislature’s task to “weigh the conflicting public policies” in enacting statutes providing

Willacy County Appraisal District v. Sebastian Cotton & Grain, Ltd.

Texas Supreme Court · Sep 28, 2018

WCAD relies on the last-antecedent canon, which provides that “a qualifying phrase in a statute or the Constitution must be confined to the words and phrases immediately preceding it to which it may, without impairing … If there was an agreement under section 1.111(e), it was to resolve Sebastian’s motion to correct ownership brought under section 25.25(c), which asserted, “The purchase contract confirmations clearly establish that on

in Re Xerox Corporation and Xerox State Healthcare, LLC F/K/A Acs State Healthcare, Llc

555 S.W.3d 518 · Texas Supreme Court · Jun 22, 2018

This is a question of legislative intent, which we determine as a matter of law using well-established interpretive principles to construe the statutory language.16 We thus begin by examining the two statutes at issue. … Stevens, 529 U.S. 765, 784-85 (2000) (observing double actual damages may be compensatory but treble actual damages is “essentially punitive,” and as a result, states and state agencies are immune from liability for them

Kms Retail Rowlett, Lp F/K/A Kms Retail Huntsville, Lp v. City of Rowlett, Texas

Texas Supreme Court · May 17, 2019

reasoned that “it is immaterial whether the City wanted the public roadway to assist the development of the Briarwood tract so long as the public could benefit from or use the improvements and the improvements were not clearly … KMS argues its summary-judgment evidence conclusively established all three, or at least raised a fact issue precluding summary judgment.

S.C. v. M.B., Individually and as Next Friend of I.C.

Texas Supreme Court · Jun 17, 2022

Regardless, the commonly used verb “shall” does not clearly convey 18 exclusive jurisdiction. … Here, by contrast, Williams’s negligence claim is based on assault, a well-established common law tort.”

In the Matter of the Marriage of Carlos Y. Benavides, Jr. and Leticia R. Benavides

Texas Supreme Court · Apr 25, 2025

City of San Antonio, 688 S.W.3d 105, 114 (Tex. 2024) (explaining that we defer to the Legislature’s policy choices on whether and when to waive sovereign immunity); Morath v. … Sinha, 526 A.2d 765, 767 (Pa. 1987) (holding one spouse must intend to dissolve the marital union before the time period commences and clearly communicate that intent to the other); Hooker v.

Krishnan v. Sepulveda

38 Tex. Sup. Ct. J. 806 · Texas Supreme Court · Jun 15, 1995

Pietila, 851 S.W.2d at 187 . *487 Clearly, this Court has long held that there is no wrongful death cause of action available to the parents of an unborn child. … Garrard, this Court disposed of the long-established requirement that a plaintiff claiming mental anguish damages must establish a physical manifestation of injury before recovering for that anguish. 730 S.W.2d 649, 654 (

Bombardier Aerospace Corporation v. Spep Aircraft Holdings, LLC Pe 300 Leasing, LLC Saracen Pure Energy Partners, Lp Crane Capital Group, Inc. James R. Crane Floridian Golf Resort, LLC Champion Energy Marketing, LLC And Crane Worldwide Logistics, Llc

Texas Supreme Court · Feb 1, 2019

SPEP and PE each purchased a 50% undivided ownership interest in the aircraft. 4 The purchase agreement never clearly indicates that the Challenger 300 was new. … Fogg is a well-qualified aircraft appraiser who has appraised and inspected thousands of aircraft. He testified about his appraisal of the Challenger 300 in light of the undisclosed information about its engines.

Robert W. Van Boven M.D., D.D.S. v. Scott Freshour, Margaret McNeese, Chris Palazola, Amy Swanholm, Timothy Webb, and Sherif Zaafran, M.D., in Their Official Capacities as Officers of the Texas Medical Board

Texas Supreme Court · Jun 3, 2022

A temporary-suspension-or-restriction order qualifies as a “disciplinary action,” see TEX. OCC. … I agree with the court of appeals’ conclusion that Van Boven failed to plead and establish that the Board acted ultra vires by failing to file a Void Report.

General Tire, Inc. v. Kepple

41 Tex. Sup. Ct. J. 895 · Texas Supreme Court · Jun 5, 1998

When I say tread separations, I have to qualify that and say tread and belt separation, and I will explain that later. * * * Q: All right. … To overcome the presumption of openness, General bears the burden of demonstrating all of the following: (a) a specific, serious and substantial interest which clearly outweighs: (1) this presumption of openness; (2) any