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Texas High Court Holds that Pandemic Legislation is Not a Prohibited “Retroactive Law”

On April 26, 2024, the Texas Supreme Court in case number 23-0565 answered “No” to the following certified question presented by the 5th Circuit in the case of Luke Hogan, on Behalf of Himself and Other Individuals Similarly...more

Texas Law Update: Statute of Limitations, the Discovery Rule, and Fraudulent Concealment

On January 13, 2023, the Texas Supreme Court issued its opinion in Marcus & Millichap Real Estate Investment Services of Nevada, Inc. v. Triex Texas Holdings, LLC, __ S.W.3d __, 2023 WL __ (Tex. Jan. 13, 2023) (per curiam)...more

Employer Liability for Acts of Employee | Texas Supreme Court Revisits Vicarious Liability, the “Come-And-Go” Rule, and the...

On December 30, 2022, the Texas Supreme Court issued its opinion in Cameron International Corporation v. Martinez, __ S.W.3d __, 2022 WL __ (Tex. Dec. 30, 2022) (per curiam) (“Cameron”). The opinion addresses vicarious...more

When is governmental immunity waived by the acts of governmental officials? Ultra Vires Revisited

Ultra Vires and Immunity - On June 3, 2022, the Texas Supreme Court issued two important opinions on the topic of waiver of governmental immunity based on the doctrine of ultra vires. In the first–Van Boven–the Court...more

What is a whistle-blow “report” under the Texas Whistleblower Act?

The Texas Whistleblower Act The Texas Whistleblower Act (Act) was adopted “amidst a growing sense throughout the country that ‘mismanagement in the public sector’” was a growing public concern, and that “employees who...more

Are commissions owed post-termination of employment or engagement? The Procuring-Cause Doctrine Revisited

In 1916, the Texas Supreme Court articulated the procuring-cause doctrine, which is a default rule that applies when a valid agreement to pay a commission on sales of property or product does not address whether commissions...more

Texas Supreme Court Orders on the “Save Chick-fil-A Law” in Dohlen v. City of San Antonio (April 1, 2022)

Dohlen v. City of San Antonio, No. 20-0725, __S.W.3D__ (Tex. April 1, 2022) - Overview. In this case, the Texas Supreme Court addresses, for the first time, Chapter 2400 of the Texas Government Code, being the “Save...more

Sirius XM Radio, Inc. v. Texas Comptroller (March 25, 2022) Texas Supreme Court Addresses Texas Franchise Tax Apportionment

Sirius XM Radio, Inv. v. Hegar (Texas Comptroller of Public Accounts), No. 20-0462, __S.W.3D__ (Tex. March 25, 2022) Issue: Under Texas law, are Sirius XM’s monthly subscription fees from Texas users are receipts from a...more

Implied-Revocation Doctrine Revived by Texas Supreme Court

Angel v. Tauch, __ S.W.3d __ (Tex. Jan. 14, 2022) [19-0793] - Facts: South State Bank held a $4.6 million judgment against Kyle Tauch, an individual. The Bank offered to settle the judgment debt for $2 million. Before...more

Texas Supreme Court Addresses the Political Question Doctrine

Texas Supreme Court Addresses the Political Question Doctrine - “[T]he Texas Constitution expressly enshrines the separation of powers as a fundamental principle of limited government. Accordingly, under our own...more

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