Case law

State of Texas v. Balli

144 Tex. 195 · Texas Supreme Court · Dec 20, 1944

In a number of cases presented the commissioner's recommendation was qualified in some way. … This is clearly summarized in the opinion of Chief Justice Hemphill in Republic v.

Susan Elaine Bostic, Individually and as Personal Representative of the Heirs and Estate of Timothy Shawn Bostic, Helen Donnahoe And Kyle Anthony Bostic v. Georgia-Pacific Corporation

Texas Supreme Court · Jul 11, 2014

Because most chemically induced adverse health effects clearly demonstrate ‘thresholds,’ there must be reasonable evidence that the exposure was of sufficient magnitude to exceed the threshold before a likelihood of ‘causation … assumption that Bostic’s primary occupation was in construction, because the work history sheets Hammar reviewed made no mention of Bostic’s employment with the TDCJ.122 “[C]ourts must look beyond the bare opinions of qualified

Kinney v. Barnes

57 Tex. Sup. Ct. J. 1428 · Texas Supreme Court · Aug 29, 2014

A permanent injunction restraining a theater owner from screening a film adjudicated to be obscene clearly applies only to that film, and others may be shown without the fear of contempt sanctions. … And, with respect to the advent of the Internet, the Court has gone further in championing its role as an equalizer of speech and a gateway to amplified political discourse, holding in Reno that there is “no basis for qualifying

Fairfield Insurance Company v. Stephens Martin Paving, Lp Carrie Bennett, Individually and as Representative of the Estate of Roy Edward Bennett, and as Next Friend of Lane Edward Bennett, Cody Lee Bennett, and April Anne Bennett, Minors

Texas Supreme Court · Feb 15, 2008

Rather clearly, insuring against punitive damages impairs their purpose. B The next question is whether insuring against punitive damages is consistent with the manner in which they are assessed. … Texas Dep’t of Ins., 2005 Texas Liability Insurance Closed Claim Report 2, 5-6, 17 (2005). [59] For example, the Texas Tort Claims Act does not waive governmental immunity from punitive damages, Tex. Civ. Prac. & Rem.

In Re Bell

45 Tex. Sup. Ct. J. 336 · Texas Supreme Court · Jan 22, 2002

But the Code's plain language and well-established statutory construction rules require the opposite *789 answer. Consequently, I respectfully dissent. I. … CONCLUSION The Code establishes specific requirements a candidate's petition must meet so he or she is entitled to a place on the ballot.

Sonnier v. Chisholm-Ryder Co., Inc.

909 S.W.2d 475 · Texas Supreme Court · Oct 5, 1995

Clearly the ten-year statute of repose has run with respect to those who constructed that improvement. … Id. *488 We held in Logan that the intention to make the tank car a fixture was conclusively established by Logan's conduct at the time he built the culvert.

Cockrell v. Texas Gulf Sulphur Company

299 S.W.2d 672 · Texas Supreme Court · Mar 20, 1957

To hold that the entirety clause limited and qualified the sulphur royalty reserved will give effect to all parts of the deed, and will not be a holding that Mrs. … It is well established that royalties, apportioned, or other kind, may be freely conveyed, or reserved, in whole or in part. See Thomas Gilcrease Foundation v. Stanolind Oil & Gas Co., supra, and Benge v.

State Nat. Bank of S.A. v. East Coast Oil Co.

109 Tex. 510 · Texas Supreme Court · May 19, 1919

It may be that if this question had been presented upon facts similar to those of this case our ■courts would have qualified the rule as herein suggested. … “The length of time that a note may remain due before this suspicion of its soundness attaches to it, depends upon circumstances not very clearly defined.

Galvan, Julio Francisco

Texas Supreme Court · Dec 1, 2015

And last, the lower court of appeals appears to misunderstand and has clearly misapplied this Court’s decision in Delrio v. State. … and Holcomb could not qualify as outcry witnesses because the evidence establishes that the complainant first told appellant’s daughter, I.G., “who was 18 at the time of trial,” about the offense and then together told

In Re Allied Chemical Corp.

50 Tex. Sup. Ct. J. 888 · Texas Supreme Court · Jun 15, 2007

into evidence epidemio-logical studies." [14] Evidence that a chemical can cause a disease is no evidence that it probably caused the plaintiff's disease. [15] And as Havner illustrated, an expert's assurance that a study establishes … Do class actions qualify? What about multidistrict litigation? What is the requisite number of plaintiffs?

Lee Lewis Construction, Inc. v. Harrison

70 S.W.3d 778 · Texas Supreme Court · Apr 15, 2002

It means such an entire want of care as to establish that the act or omission in question was the result of actual conscious indifference to the rights, welfare, or safety of the persons affected by it. … contractor has to minimize job-related risks to workers. 42 The employer is not like a product manufacturer or other stranger to the work relationship who has not born any part of the cost of compensation and therefore is not immune

J.M. Davidson, Inc. v. Webster

47 Tex. Sup. Ct. J. 196 · Texas Supreme Court · Dec 31, 2003

Justice Smith contends the agreement is unambiguous and clearly compels Webster to arbitrate. Justice Schneider says the agreement is unambiguous but clearly illusory. … Justice Smith is essentially inserting a qualifying phrase into Davidson's unilateral, unqualified right to terminate.

San Sebastion Realty Co., Inc. v. Roel Huerta and Rosa M. Huerta

Texas Supreme Court · Dec 22, 2015

A person’s position or job responsibilities can qualify him to have personal knowledge of facts and establish how he learned of the facts. Southtex 66 Pipeline Co. v. Spoor, 238 S.W.3d 538, 543 (Tex. App. … Creating a record clearly establishing that the trial court was not an impartial judge in this case.

Sun Oil Company v. Whitaker

15 Tex. Sup. Ct. J. 394 · Texas Supreme Court · Jun 28, 1972

We did not reach the merits of the case; our prior judgment in no way established the law in this case, nor in fact did it purport to do so. … We hold that Justice Walker is qualified to participate in the decision of this cause on rehearing and, further, that it is his duty to serve. Love v. Wilcox. supra .

Torrington Co. v. Stutzman

46 S.W.3d 829 · Texas Supreme Court · Mar 8, 2001

It is based upon the premise that liability claims arising from government procurement contracts could create a significant conflict between state tort law and the federal interest in immunizing the federal government from … According to the Court, the elements of a voluntary-undertaking claim are clearly stated in section 323 of the Restatement (Second) of Torts, published in 1965, and in this Court's 1976 opinion in Colonial Savings Association

Smith v. Baldwin

24 Tex. Sup. Ct. J. 149 · Texas Supreme Court · Dec 31, 1980

The Court of Civil Appeals reversed this award on the basis of the ruling that Smith *618 in his counterclaim did not establish a cause of action under the DTPA. … Second, the Legislature clearly distinguishes between a breach of warranty and other acts such as misrepresentations in sections *620 17.44 [3] and 17.50(a). [4] The courts should not now disregard the distinctions between

Lemuel David Hogan v. Stephanie Montagne Zoanni

Texas Supreme Court · Jun 4, 2021

CODE § 81.072(g) (stating attorney may not “maintain an action” against complainant or witness in disciplinary proceeding due to “absolute and unqualified” immunity); TEX. HUM. RES. … FPL Farming Ltd., 457 S.W.3d 414, 425 (Tex. 2015) (stating plaintiff must establish wrongful entry upon land to “maintain an action” for trespass); Jaster v.

Severance v. Patterson

54 Tex. Sup. Ct. J. 1521 · Texas Supreme Court · Jul 29, 2011

The legislature has apparently sought to avoid such constitutional problems by qualifying affirmatively-declared public rights with an interesting condition precedent. … The language of the Act itself clearly identifies the line of vegetation as an easement boundary and clearly recognizes the transient nature of these boundary lines.

Holguin, Alfredo

Texas Supreme Court · Dec 31, 2014

Code §7.02(b) clearly utilizes the word conspiracy and conspirators without clearly defining the terminology within the statute. Counsel sought, unsuccess fully, to have Tex. Pen. … Here, the indictment clearly tracks the language (para. A) of Tx. Pen. Code §19.02(b)(D; and (para. B) Id. sub. sec. (2).

Robert Kinney v. Andrew Harrison Barnes (a/K/A A. Harrison Barnes, A.H. Barnes, Andrew H. Barnes, Harrison Barnes), Bcg Attorney Search, Inc., Employment Crossing, Inc. and Jd Journal, Inc.

Texas Supreme Court · Aug 29, 2014

A permanent injunction restraining a theater owner from screening a film adjudicated to be obscene clearly applies only to that film, and others may be shown without the fear of contempt sanctions. … And, with respect to the advent of the Internet, the Court has gone further in championing its role as an equalizer of speech and a gateway to amplified political discourse, holding in Reno that there is “no basis for qualifying