Case law

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

Severance v. Patterson

55 Tex. Sup. Ct. J. 501 · Texas Supreme Court · Mar 30, 2012

The legislature has apparently sought to avoid such constitutional problems by qualifying affirmatively-declared public rights with an interesting condition precedent. … We do not know that we clearly comprehend the appel- *729 lees’ position that the judgment can be upheld on the theory that the use of the beach by the public has become a part of our tradition and common law and the easement

State v. Public Utility Com'n of Texas

883 S.W.2d 190 · Texas Supreme Court · Oct 6, 1994

The phrase “dedicated to public use” is immediately followed and qualified by the phrase “whether by the utility which is the present owner or by a predecessor.” … The language was not intended to establish a cutoff date after which no costs could be included in the rate base.

In Re BACALA

982 S.W.2d 371 · 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 833, 840 (Tex.1992).

Turner v. KTRK Television, Inc.

44 Tex. Sup. Ct. J. 244 · Texas Supreme Court · Dec 21, 2000

Further, because of the upcoming election, the story was clearly “hot news.” Cf. Curtis Publ’g Co. v. Butts, 388 U.S. 130, 157-59 , 87 S.Ct. 1975 , 18 L.Ed.2d 1094 (1967). … Contrary to the broadcast’s introductory statement, this would likely not qualify as "one of the biggest attempted insurance swindles in recent Houston history.” .

Reed, Rodney

Texas Supreme Court · Feb 18, 2015

However, neither Tanner nor Clough rebutted (nor were they qualified to rebut) Ms. … Reed Has Established Chain Of Custody.

State Farm Fire & Casualty Co. v. Gandy

39 Tex. Sup. Ct. J. 965 · Texas Supreme Court · Jul 12, 1996

We concluded that the disadvantages to assignments of legal malpractice ' claims clearly outweighed the advantages. … To be entitled to a presumption an insured should be required to establish certain basic or foundational facts.

Texas Department of State Health Services John Hellerstedt, in His Official Capacity as Commissioner of the Texas Dshs v. Crown Distributing LLC America Juice Co., LLC Custom Botanical Dispensary, LLC 1937 Apothecary, Llc

Texas Supreme Court · Jun 24, 2022

Only in 1876 was the phrase “or immunities” added. Does that addition tell us anything new or different about what “due course” itself means? … Or does it simply confirm that, to the extent something qualifies as a “privilege” (a separate inquiry), the state cannot deprive someone of it absent compliance with the long-established understanding of “due course” protections

Ralph S. Janvey, in His Capacity as Court-Appointed Receiver for the Stanford International Bank, Limited Official Stanford Investors Committee v. the Golf Channel, Incorporated Tgc, L.L.C., Doing Business as Golf Channel

59 Tex. Sup. Ct. J. 587 · Texas Supreme Court · Apr 1, 2016

A CT § 3(a). 45 Id. § 3, cmt. 2. 13 Variants of “value,” including “reasonably equivalent value,” are not defined in UFTA, but are clearly … consideration] from a creditor’s viewpoint” and how TUFTA’s market-value inquiry applies. 46 Id. § 3, cmt. 1 (“This section defines ‘value’ as used in various contexts in this Act, frequently with a qualifying

Jnm Express, LLC, Anca Transport, Inc., Omega Freight Logistics, LLC, Jorge Marin, and Silvia Marin v. Lauro Lozano Jr. and Irene Lozano

Texas Supreme Court · Apr 19, 2024

JNM and ANCA were clearly Mr. Lozano’s employer under the federal regulations’ definitions. See 49 C.F.R. § 390.5; see also 49 U.S.C. § 31132(2)-(3) (statutory basis for the federal regulations). … Williams, 579 F.3d 469, 474 (5th Cir. 2009) (discussing Consumers Cnty., 307 F.3d at 363-64, and 49 C.F.R. § 390.5), could qualify as being “employed by” the employer.

Kia Motors Corporation and Kia Motors America, Inc. v. Lawrence Ruiz (Individually and as Representative of the Estate of Andrea Ruiz), Shenequa Ruiz, Christopher Ruiz, and Suzanna Ruiz

Texas Supreme Court · Mar 28, 2014

Kia also argues that FMVSS 208 clearly governs that risk. … We then concluded that “the mere fact that the tire failed . . . is insufficient to establish a manufacturing defect of some sort.

Coby Minton v. State

Texas Supreme Court · Jan 25, 2015

Norman West & Cynthia Ramirez’s testimony: Norman West was given testimonial immunity to testify at trial. (RR vol. 4, pp. 71-72, 91). … When the evidence clearly shows (i.e., there is no doubt) that a witness is an accomplice as a matter of law, the trial judge must instruct the jury accordingly. Smith v.

Otis Engineering Corp. v. Clark

27 Tex. Sup. Ct. J. 100 · Texas Supreme Court · Nov 30, 1983

Otis contends that, at worst, its conduct amounted to nonfeasance and under established law it owed no duty to the Clarks' respective wives. … Roy's deposition clearly indicates that he at no time attempted to "take charge" of Matheson.

Union Carbide Corp. v. Synatzske

57 Tex. Sup. Ct. J. 980 · Texas Supreme Court · Jul 3, 2014

But we presume legislators intended to enact legislation fulfilling their clearly stated purpose rather than presuming they made a mistake that both diminishes the result they were seeking to obtain as well as arbitrarily … Prince is a qualified, board-certified pulmonary specialist who served Joseph as his last treating physician; (8) In his report and testimony, Dr.

Boyles v. Kerr

36 Tex. Sup. Ct. J. 874 · Texas Supreme Court · May 5, 1993

The Court said: Clearly, freedom from severe emotional distress is an interest which the law should serve to protect.... … All manner of symptoms have qualified as physical manifestations.... Such a wide-ranging meaning has attached to "physical manifestation," that the term has lost much of its former significance....

General Chemical Corp. v. De La Lastra

852 S.W.2d 916 · Texas Supreme Court · Jun 3, 1993

Such a recovery clearly violates article XVI, § 26. … Section 41.007 caps punitive damages; it does not immunize any award up to the cap from constitutional scrutiny.

Life Partners, Inc. v. Arnold

58 Tex. Sup. Ct. J. 911 · Texas Supreme Court · May 8, 2015

Several other courts have since expanded on the types of “efforts” that qualify as *674 “significant” under the ■ Howey/Fomum test and those that do not. … First, our decision in this case does not “establish a new principle of law” by “overruling clear past precedent on which .litigants may have relied, or by deciding an issue of first impression whose resolution was not clearly

Red v. Red

552 S.W.2d 90 · Texas Supreme Court · May 18, 1977

The language of § 14.05(b) clearly limits the effect of the Act to a child who is found by the court to require continuous care and personal supervision because of the existence of mental or physical disability prior to reaching … Children must develop their mental or physical disability before eighteen because if they unfortunately develop the handicap at age nineteen, they do not qualify for help.

Fredonia State Bank v. General American Life Insurance Co.

881 S.W.2d 279 · Texas Supreme Court · Sep 8, 1994

Rule 74(p) is clearly discretionary — a court of appeals “may” order rebriefing for flagrant violations of the rule. … Such evidence, even if accepted as true, does not establish attachment as a matter of law. 8 .

in Re Stephanie Lee

Texas Supreme Court · Sep 27, 2013

The MSA gives Benjamin the exclusive right to establish the child’s primary residence, and it gives Stephanie periodic access to and possession of the child. 2 Among the … To qualify for appointment “in a dispute relating to the parent-child relationship,” the person must complete additional training “in the fields of family dynamics, child development, and family law.”