Case law

In Re EI DuPont De Nemours and Co.

47 Tex. Sup. Ct. J. 583 · Texas Supreme Court · May 14, 2004

The log submitted by DuPont combined with Con-nor’s affidavit clearly make a prima facie case that those documents with only “DuPont Legal” names associated with them are covered by the attorney-client and/or work product … However, the work product privilege is not necessarily waived by disclosure to a non-employee, as there are numerous other classes of individuals who can qualify.

Gilkey v. Chambers

146 Tex. 355 · Texas Supreme Court · Jan 28, 1948

Yol. 2, p. 878. *359 This liberal rule is the well-established rule in this jurisdiction. Federal Land Bank of Houston v. Little, 130 Texas 173 , 107 S. W. (2d) 374 ; Adams v. Maris (Com. App.) 213 S. … Clearly, it is reasonably susceptible of that interpretation and, since it is, then, in order to prevent partial intestacy, it is our duty to accord it that interpretation.

Lee v. City of Houston

807 S.W.2d 290 · Texas Supreme Court · Apr 24, 1991

The Act requires the city council to establish by ordinance the classification of police officers, and the number of positions in each classification. … There is no dispute that the Act is clearly intended to protect traditional law enforcement positions. The issue here is whether the Act clearly extends coverage beyond such positions.

Golden Spread Council, Inc. 562 of the Boy Scouts of America v. Akins

39 Tex. Sup. Ct. J. 1005 · Texas Supreme Court · Jul 12, 1996

The Family Code also provides civil and criminal immunity to those who make such a report in good faith. Id. § 261.106(a). … GSC clearly owed a duty to the church that asked GSC to introduce it to a potential scoutmaster.

In Re Estate of Guadalupe Lopez, Sr.

Texas Supreme Court · Nov 7, 2025

A qualified expert may testify if their “specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.” TEX. R. EVID. 702. … The issue on which she opined—whether the evidence established an informal marriage—was within the average juror’s knowledge. See TEX. R.

May v. Brown

144 Tex. 350 · Texas Supreme Court · Nov 14, 1945

S., 1925) * * * to ostensibly qualify himself as a witness.” Mrs. … But even if the evidence was not sufficient to conclusively establish such facts, it was at least sufficient to raise an issue for the jury.

Washington, Quentin

Texas Supreme Court · May 6, 2015

An abuse of discretion occurs when a trial court's decision is so clearly wrong as to lie outside the zone of reasonable disagreement. Id. at 812-13. … They have to have proof [of] the results of the test by a witness . . . qualified to translate or interpret such results so as to eliminate hearsay.

State of Texas Office of the Attorney General of the State of Texas Texas Medical Board Texas Health and Human Services Commission And Ken Paxton, in His Official Capacity as Attorney General of the State of Texas v. Lazaro Loe, Individually and as Next Friend of Luna Loe, a Minor Mary Moe and Matthew Moe, Individually and as Next Friends of Maeve Moe, a Minor Nora Noe, Individually and as Next Friend of Nathan Noe, a Minor Sarah Soe and Steven Soe, Individually and as Next Friends of Samantha Soe, a Minor Gina Goe, Individually and as Next Friend of Grayson Goe, a Minor Pflag, Inc. Richard Ogden Roberts III, M.D. David L. Paul, M.D. Patrick W. O'malley, M.D. And American Association of Physicians for Human

Texas Supreme Court · Jun 28, 2024

Before medical intervention may be prescribed, there are several conditions that a qualified provider must determine are met: i. … , may not consent to [the child’s] being immunized.”).

Waco Tap Railroad v. Shirley

45 Tex. 355 · Texas Supreme Court · Jul 1, 1876

Certainly where suit is brought by a party for the wrongful breaking up and annulling of a contract on which it is claimed large profits would have been realized, it is admissible to show, if it can be clearly made to appear … If some of the facts to be considered are not susceptible to direct and positive proof, resort can be had to the opinion and judgment of men who are shown to have information and experience which qualify them to testify as

AJ Tebbe & Sons Company v. Brown Express

161 Tex. 456 · Texas Supreme Court · Nov 23, 1960

The English courts and some American cases hold that such an undertaking may, unless there is a qualifying agreement, be inferred from the mere receipt of property for transportation to a place not on the route of the receiving … App. 199 , 124 S,W, 573, We think this rule is clearly sound, at least where no breach of the carrier of a statutory duty is involved.1 It is well settled that a shipper who assumes the duty of selecting the car under circumstances

Harris, James Jr.

Texas Supreme Court · Feb 3, 2015

That the findings, 1 to 5 above, had been established by “clear and convincing proof” . … Clearly, there was an abuse of the trial court’s discretion.

McBride v. Clayton

140 Tex. 71 · Texas Supreme Court · Dec 2, 1942

Although the statutes give McBride, Inc., a continued existence for as long as three years after the surrender of its charter, it clearly could not be so continued to purchase and sell goods, wares and merchandise and to … Its qualified existence was in the nature of an administration of its estate, with all its corporate rights fixed and determined as of the date of its dissolution. Crease v. Babcock (Mass. Sup. Ct.), 23 Pick., 334 .

Thomas A. Lalonde, Jr., P.E., Individually and D/B/A Lee Engineering Co., Lee Engineering Co., Stanley Harold Prather and Prather Engineering Consultants, Inc. v. Paul Gosnell and Kim Gosnell

Texas Supreme Court · Jun 14, 2019

Our description of the type of litigation conduct that can establish an implied waiver has varied in articulation, but not in substance. … S.W.3d at 157 (noting that, other than a single set of interrogatories and a request for production a few weeks into the suit, the defendant had moved for summary judgment eighteen months into the litigation on charitable-immunity

Southern Methodist University and Paul J. Ward v. South Central Jurisdictional Conference of the United Methodist Church and Bishop Scott Jones

Texas Supreme Court · Jun 27, 2025

Though a religious entity, the Conference chose to establish SMU as a nonprofit corporation subject to Texas corporations law. … We cite Williams as an example of contractual language that expressly and clearly confers rights on a specific third party. 25 articles on their own, we emphasized in First Bank that

Parks v. West

102 Tex. 11 · Texas Supreme Court · Jun 17, 1908

If the limitation be not express, then it should be clearly implied.” State of Texas v. Brownson, 94 Texas, 436 . … legislation, and may authorize an additional annual ad valorem tax to be levied and collected within such school districts for the further maintenance of public school buildings therein; provided, that two-thirds of the qualified

Bonsmara Natural Beef Company, LLC and George Chapman, Individually v. Hart of Texas Cattle Feeders, LLC, James Michael Hayes, Individually, Lynn Landrum, Individually, and Henry O. Pickett II, Individually

Texas Supreme Court · Jun 26, 2020

It developed a protocol to ensure its cattle entered feed yards in conditions qualifying them as natural. … Treated cattle no longer qualify as natural and cannot fetch a premium price. Bonsmara thus claimed it incurred “severe monetary losses.”

City of Deer Park v. State ex rel. Shell Oil Co.

154 Tex. 174 · Texas Supreme Court · Mar 24, 1954

relating to cities and towns in the manner therein specified “shall be known as a city or town, subject to the provisions of this title relating to cities and towns, and vested with all the rights, powers, privileges and immunities … The citation clearly evidences that by the use of the words “this Act” it was intended to mean, not this amendment, but the original Validating Act which was being amended.

Shaller v. Commercial Standard Insurance Company

158 Tex. 143 · Texas Supreme Court · Jan 8, 1958

It appears that no definite rate for the risk had been established and that some inspection or report by a representative of the Amarillo fire department or some other qualified person was required before a rate could be … App., 216 S.W. 2d 241 , quoted in the opinion of the Court of Civil Appeals is clearly dicta even if it be considered as stating a rule contrary to the cases above cited.

Abeel, Ind. v. Weil

115 Tex. 490 · Texas Supreme Court · May 12, 1926

The burden of showing that the witness is qualified or competent is on the party offering his testimony. 1 Wigmore on Evidence, p. 1054, Sec. 654, * * * “ ‘The testimony offered and admitted failed to show that said witness … Clearly the testimony on this subject offered in evidence by the plaintiff shows a difference between the laws of the two States on this subject and prevented the trial court from presuming that the laws of California and

Nettye Engler Energy, Lp v. Bluestone Natural Resources II, Llc

Texas Supreme Court · Feb 4, 2022

We begin by consulting contemporaneous dictionaries and treatises, 41 both of which support the conclusion that the gathering system on the lease qualifies as a pipeline under the 1986 deed. … Comm’n, 568 S.W.2d 122, 124-26 (Tex. 1978) (referring to a gathering system as a “gas gathering pipeline” in discussing whether the system qualifies as a “utility” under a statute); First Nat’l Bank of Seminole v.