Case law

Ex Parte George

163 Tex. 103 · Texas Supreme Court · Jan 3, 1962

Kline, duly elected and qualified Sheriff of Galveston County, Texas, personally served a true copy of the aforesaid writ of temporary injunction referred to in 5. above on the N.M.U., and a similar copy on Sherman D. … We may accept those decisions as establishing the principle of law for which they stand.

Delta Air Lines, Inc. v. Black

46 Tex. Sup. Ct. J. 1147 · Texas Supreme Court · Sep 11, 2003

We concluded that, although the plaintiffs’ personal injury claims clearly related to airlines’ services, their claims did not amount to enforcement of a state law and thus were not preempted. Id. at 282 . … This is so because they fall within one of the eligibility exceptions to qualify for compensation — a passenger is not eligible for denied boarding compensation if the airline offers the passenger accommodations in another

Galveston, Harrisburg & San Antonio Railway Co. v. State

81 Tex. 572 · Texas Supreme Court · Jun 23, 1891

The change in the language clearly shows the intention or the Legislature. … The words, "every mile of its road so completed," clearly refer to the section and nothing else.

Pediatrics Cool Care v. Ginger Thompson, Individually and as the Representative of the Estate of A.W.(deceased), and Brad Washington

Texas Supreme Court · May 13, 2022

Moss conceded he could not establish, his testimony was legally sufficient to support the jury’s answer to the question it was asked. … Even if A.W. was not suicidal on March 1, she clearly became suicidal sometime between that date and August 14.

the Chair King, Inc., Chair King, S.A., Inc., Jerome Kosoy, M.D., M.E. Ford and Associates, Beautique, Inc., Discovery Services of Texas, Inc., Vantage Shoe Warehouse, Inc., Counselor Systems, Inc., Pope and Booth, P.C., Jeffrey K. Musker, D.C. v. Gte Mobilnet of Houston, Inc. and Chick-Fil-A, Inc.

Texas Supreme Court · Feb 3, 2006

But Congress chose to qualify the private TCPA right of action it created by including the proviso “if otherwise permitted by the laws or rules of court of a State.” 47 U.S.C. § 227 (b)(3). … Congress clearly did not intend the TCPA to establish a ceiling if states decided to be more aggressive in their approach, but it does not necessarily follow that Congress intended the TCPA to be a mandatory floor for private

Noble Energy, Inc. v. Conocophillips Company

532 S.W.3d 771 · Texas Supreme Court · Jun 23, 2017

Paragraph 15 of the bankruptcy court’s Order clearly stated: “those Executory Contracts ... proposed to be assumed and assigned to [Noble] pursuant to the Plan are ordered assumed and assigned to [Noble]”. 51 The APA did … Code Ann. art. 3338 (2017) ("rights and obligations established or created” by certain written instruments "are without effect as to a third person unless the instrument is registered by recording it in the appropriate mortgage

Michael Quinn Sullivan v. Salem Abraham

Texas Supreme Court · Jul 14, 2017

Abraham failed to establish by clear and specific evidence a prima facie case for each essential element of a defamation claim. … The practice is so complex and specialized that only a small number of Texas attorneys are qualified to perform services for clients. Those highly-qualified attorneys travel to where a case is pending.

the City of Rockwall, Texas v. Vester T. Hughes, as Sole Independent of the Estate of W. W. Caruth

Texas Supreme Court · Jan 25, 2008

The Court implicitly limits the word “action” to mean dispositive action—when a city formally denies a petition—but the Court cites nothing to explain why nondispositive action fails to qualify. … The remedy for abuse of the sparsely-populated-area exemption is arbitration, which subsection ( i ) clearly authorizes. IV. Conclusion The statute in this case speaks for itself.

McGinnes Industrial Maintenance Corporation v. the Phoenix Insurance Company and the Travelers Indemnity Company

477 S.W.3d 786 · Texas Supreme Court · Jun 29, 2015

The Court provides three justifications for its newly invented definition: (1) CERCLA did not exist when the parties entered their contract; (2) environmental cleanup costs can qualify as “damages” under the policies; and … insurers to defend a ‘suit’ not . . . the ‘substantive equivalent’ of a ‘suit.’”); id. at 287 (“Our conclusion that a ‘suit’ is a court proceeding initiated by the filing of a complaint creates a ‘bright-line rule that, by clearly

Chair King, Inc. v. GTE Mobilnet of Houston, Inc.

49 Tex. Sup. Ct. J. 336 · Texas Supreme Court · Feb 3, 2006

But Congress chose to qualify the private TCPA right of action it created by including the proviso “if otherwise- permitted by the laws or rules of court of a State.” 47 U.S.C. § 227 (b)(3). … Congress clearly did not intend the TCPA to establish a ceiling if states decided to be more aggressive in their approach, but it does not necessarily follow that Congress intended the TCPA to be a mandatory floor for private

King Street Patriots, Catherine Engelbrecht, Bryan Engelbrecht, and Diane Josephs v. Texas Democratic Party Gilberto Hinojosa, Successor to Boyd Richie, in His Capacity as Chairman of the Texas Democratic Party John Warren, in His Capacity as Democratic Nominee for Dallas County Clerk And Ann Bennett, in Her Capacity as the Democratic

60 Tex. Sup. Ct. J. 1485 · Texas Supreme Court · Jun 30, 2017

Prudential Ripeness Before turning to the merits, we consider the Texas Solicitor General’s argument that, as a threshold matter, King Street Patriots does not, on the record before the Court, qualify as a political … speech or of association, a more stringent vagueness test should apply”79 because “[u]ncertain meanings inevitably lead citizens to steer far wider of the unlawful zone than if the boundaries of the forbidden areas were clearly

Delta Air Lines, Inc. and Al Perez v. Robert C. Black

Texas Supreme Court · Sep 11, 2003

We concluded that, although the plaintiffs’ personal injury claims clearly related to airlines’ services, their claims did not amount to enforcement of a state law and thus were not preempted. Id . at 282. … This is so because they fall within one of the eligibility exceptions to qualify for compensation — a passenger is not eligible for denied boarding compensation if the airline offers the passenger accommodations in another

Waffle House, Inc. v. Williams

53 Tex. Sup. Ct. J. 809 · Texas Supreme Court · Jun 11, 2010

A constructive discharge qualifies as an adverse personnel action under the TCHRA, but requires proof that the employer made the working conditions so intolerable that a reasonable person would feel compelled to resign. [ … Here, by contrast, Williams's negligence claim is based on assault, a well-established common law tort. The TCHRA and a claim for common law assault are simply aimed at different wrongs.

Anderson Producing Inc. v. Koch Oil Co.

929 S.W.2d 416 · Texas Supreme Court · Oct 18, 1996

We clearly meant that where there was a violation, the lawyer should be disqualified, and that in other situations, the rule serves as a guide. … —Corpus Christi 1989, no writ) clearly prohibits what Plaintiff and its counsel are attempting to do in this case.

in Re Kenneth Glenn Webb, Relator

Texas Supreme Court · Feb 6, 2015

established Texas Law. 2. … Charges and Claims- There are no charges and claims against the Estate that have been approved or established by suit or have been rejected and may yet be established. "B.

Palomo, Julio Torres

Texas Supreme Court · Oct 23, 2015

Therefore, it 's conclusively established that the • state failed to meet it's burden of proof. … "exp-ert"" qualified to interprete in/of a Forensic interview in an alleged child abuse:-case.

Magdalena Sanchez McMordie, in Her Capacity as Beneficiary and Co- Trustee of the Hobart B. McMordie, II Asset Management Trust. v. Charles Harris McMordie, in His Capacity as Co-Trustee of the Hobart B. McMordie, II Asset Management Trust

Texas Supreme Court · Aug 28, 2015

McMordie is relevant to establish that all income has been distributed to her . . . . Accordingly, the Trial Court’s Final Judgment sustaining Mrs. … those assets which are actually delivered to such successor Trustee by the prior Trustee, .hall be vested without further act on the part of anyone with all of the estate~, titles, rights, powers, duties, immunities

Winters v. Houston Chronicle Publishing Co.

33 Tex. Sup. Ct. J. 689 · Texas Supreme Court · Sep 6, 1990

[It must create] an atmosphere in which the individual, when confronted with something *729 clearly illegal, unethical or unjust, can feel free to speak up — and to bring the problem to the attention of those high enough … Texas A & M Univ., 804 F.2d 327, 337 (5th Cir.1986) (These individuals are “uniquely qualified to reveal unseemly machinations by their fellow employees because they observe them on a daily basis.”).

Demond, Walter

Texas Supreme Court · Jan 22, 2015

As the Third Court itself said, “[t]he undisputed evidence admitted at trial established that Fuelberg had broad authority to hire both PEC employees and outside consultants,” “the evidence established that Fuelberg was … The variance at issue in this case clearly does not fit into the first category because how a person commits misapplication of fiduciary property does not involve a statutorily defined

The Edwards Aquifer Authority and the State of Texas v. Burrell Day and Joel McDaniel

55 Tex. Sup. Ct. J. 343 · Texas Supreme Court · Feb 24, 2012

But the government cannot immunize itself from its constitutional duty to provide adequate compensation for property taken through a regulatory scheme merely by discouraging investment. … But the Authority clearly communicated to Day that neither decision suggested what its final decision would be.