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  • Commentaries
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Texas Case Commentaries

Temporary-Injunction Relief Can Confer “Prevailing Party” Status Under Texas Education Code § 11.1512; § 11.1512(c-2) Creates a No-Exhaustion Path to Court

Temporary-Injunction Relief Can Confer “Prevailing Party” Status Under Texas Education Code § 11.1512; § 11.1512(c-2) Creates a No-Exhaustion Path to Court

Date: Apr 29, 2026
Temporary-Injunction Relief Can Confer “Prevailing Party” Status Under Texas Education Code § 11.1512; § 11.1512(c-2) Creates a No-Exhaustion Path to Court I. Introduction Case: WEBB CONSOLIDATED...
Permissive-Appeal Jurisdiction Encompasses Fairly Included Subsidiary Issues, Including the Presumed-Grant Doctrine in Double-Fraction Royalty Disputes

Permissive-Appeal Jurisdiction Encompasses Fairly Included Subsidiary Issues, Including the Presumed-Grant Doctrine in Double-Fraction Royalty Disputes

Date: Apr 29, 2026
Permissive-Appeal Jurisdiction Encompasses Fairly Included Subsidiary Issues, Including the Presumed-Grant Doctrine in Double-Fraction Royalty Disputes Case: BOREN DESCENDANTS AND ROYALTY OWNERS v....
Mootness from Closed DFPS Investigations and Children’s Majority; Speculative Provider Harms Defeat Standing for Injunctive Relief

Mootness from Closed DFPS Investigations and Children’s Majority; Speculative Provider Harms Defeat Standing for Injunctive Relief

Date: Apr 29, 2026
Mootness from Closed DFPS Investigations and Children’s Majority; Speculative Provider Harms Defeat Standing for Injunctive Relief I. Introduction These consolidated matters arise from three...
Permanent Closure and Aging Out Moot Injunction Challenges to DFPS Investigations; Speculative Provider Harms Do Not Confer Standing

Permanent Closure and Aging Out Moot Injunction Challenges to DFPS Investigations; Speculative Provider Harms Do Not Confer Standing

Date: Apr 29, 2026
Permanent Closure and Aging Out Moot Injunction Challenges to DFPS Investigations; Speculative Provider Harms Do Not Confer Standing I. Introduction In these consolidated interlocutory appeals, the...
Permissive-Appeal Scope Includes Fairly Included Issues Like the Presumed-Grant Doctrine in Double-Fraction Royalty Disputes

Permissive-Appeal Scope Includes Fairly Included Issues Like the Presumed-Grant Doctrine in Double-Fraction Royalty Disputes

Date: Apr 29, 2026
Permissive-Appeal Scope Includes Fairly Included Issues Like the Presumed-Grant Doctrine in Double-Fraction Royalty Disputes I. Introduction This Supreme Court of Texas per curiam opinion arises out...
Temporary Injunction as Merits-Dispositive Relief Under Texas Education Code § 11.1512: Fees Survive Mootness and No Administrative Exhaustion Required

Temporary Injunction as Merits-Dispositive Relief Under Texas Education Code § 11.1512: Fees Survive Mootness and No Administrative Exhaustion Required

Date: Apr 29, 2026
Temporary Injunction as Merits-Dispositive Relief Under Texas Education Code § 11.1512: Fees Survive Mootness and No Administrative Exhaustion Required I. Introduction In WEBB CONSOLIDATED...
Texas Public Information Act: Post-Request “Confidentiality” Inquiry and Resetting the 10-Business-Day Attorney General Deadline

Texas Public Information Act: Post-Request “Confidentiality” Inquiry and Resetting the 10-Business-Day Attorney General Deadline

Date: Apr 18, 2026
Texas Public Information Act: Post-Request “Confidentiality” Inquiry and Resetting the 10-Business-Day Attorney General Deadline 1. Introduction Case: Texas Commission on Environmental Quality v. Ken...
Public Information Act Deadlines Reset by Good-Faith Narrowing Requests; Omission of Withdrawal Warning Does Not Forfeit Reset; Mailbox Rule Timeliness May Be Proven in Court

Public Information Act Deadlines Reset by Good-Faith Narrowing Requests; Omission of Withdrawal Warning Does Not Forfeit Reset; Mailbox Rule Timeliness May Be Proven in Court

Date: Apr 18, 2026
Public Information Act Deadlines Reset by Good-Faith Narrowing Requests; Omission of Withdrawal Warning Does Not Forfeit Reset; Mailbox Rule Timeliness May Be Proven in Court Introduction In Texas...
Texas Appellate “Order of Operations”: Rendition Issues Must Be Decided Before Remand; Harm Analysis Must Review the Whole Record

Texas Appellate “Order of Operations”: Rendition Issues Must Be Decided Before Remand; Harm Analysis Must Review the Whole Record

Date: Apr 18, 2026
Texas Appellate “Order of Operations”: Rendition Issues Must Be Decided Before Remand; Harm Analysis Must Review the Whole Record Case: Ron Valk d/b/a Platinum Construction v. Copper Creek...
“Free of Cost Forever” Does Not Shift Royalty Valuation Downstream Absent Clear Valuation-Point or Gross-Proceeds Language (Tex. 2026)

“Free of Cost Forever” Does Not Shift Royalty Valuation Downstream Absent Clear Valuation-Point or Gross-Proceeds Language (Tex. 2026)

Date: Apr 16, 2026
“Free of Cost Forever” Does Not Shift Royalty Valuation Downstream Absent Clear Valuation-Point or Gross-Proceeds Language (Tex. 2026) I. Introduction In Fasken Oil and Ranch, Ltd., Fasken Land and...
Constructive Notice in Texas Slip-and-Fall Cases Requires Evidence of Hazard Duration at the Time and Place of Injury

Constructive Notice in Texas Slip-and-Fall Cases Requires Evidence of Hazard Duration at the Time and Place of Injury

Date: Apr 11, 2026
Constructive Notice in Texas Slip-and-Fall Cases Requires Evidence of Hazard Duration at the Time and Place of Injury I. Introduction H-E-B, L.P. v. Marissa Peterson is a premises-liability...
Section 21.105 as a Threshold Bar: No Chapter 21 Disability-Liability When the Condition Objectively Impairs Reasonable Job Performance

Section 21.105 as a Threshold Bar: No Chapter 21 Disability-Liability When the Condition Objectively Impairs Reasonable Job Performance

Date: Apr 11, 2026
Section 21.105 as a Threshold Bar: No Chapter 21 Disability-Liability When the Condition Objectively Impairs Reasonable Job Performance Case: Texas Department of Public Safety v. Robert Christopher...
“All Laws” Clauses Incorporate Later-Enacted PURA Pole-Attachment Limits and Make Them Contract-Enforceable

“All Laws” Clauses Incorporate Later-Enacted PURA Pole-Attachment Limits and Make Them Contract-Enforceable

Date: Apr 11, 2026
“All Laws” Clauses Incorporate Later-Enacted PURA Pole-Attachment Limits and Make Them Contract-Enforceable I. Introduction In Spectrum Gulf Coast, LLC v. City of San Antonio, acting by and through...
“Allocable Share” Proportionate Indemnity Does Not Authorize Post‑Settlement Cost-Shifting Absent Express Language

“Allocable Share” Proportionate Indemnity Does Not Authorize Post‑Settlement Cost-Shifting Absent Express Language

Date: Mar 14, 2026
“Allocable Share” Proportionate Indemnity Does Not Authorize Post‑Settlement Cost-Shifting Absent Express Language I. Introduction This commentary addresses Justice Bland’s dissent (joined by...
Contractual Proportional Indemnity Survives Voluntary Settlement and Accrues at Settlement

Contractual Proportional Indemnity Survives Voluntary Settlement and Accrues at Settlement

Date: Mar 14, 2026
Contractual Proportional Indemnity Survives Voluntary Settlement and Accrues at Settlement Case: S&B Engineers & Constructors, Ltd. and Zurich American Insurance Company v. Scallon Controls, Inc....
Probate Finality in Texas: An Order Admitting a Will Is Not Appealable When It Expressly Leaves Pending Objections Unruled

Probate Finality in Texas: An Order Admitting a Will Is Not Appealable When It Expressly Leaves Pending Objections Unruled

Date: Feb 16, 2026
Probate Finality in Texas: An Order Admitting a Will Is Not Appealable When It Expressly Leaves Pending Objections Unruled Introduction In the Estate of J. Hugh Wheatfall, Deceased is a Texas...
Undefined “Windstorm” Unambiguously Includes Tornadoes in Texas Homeowners Policies

Undefined “Windstorm” Unambiguously Includes Tornadoes in Texas Homeowners Policies

Date: Feb 16, 2026
Undefined “Windstorm” Unambiguously Includes Tornadoes in Texas Homeowners Policies Case: Privilege Underwriters Reciprocal Exchange v. Jeff Mankoff and Staci Mankoff Court: Supreme Court of Texas...
Enforcement Jurisdiction Persists Despite Overbroad Relief, but Home-Sale Proceeds May Be Set Off Only to Proven Chapter 9 Damages

Enforcement Jurisdiction Persists Despite Overbroad Relief, but Home-Sale Proceeds May Be Set Off Only to Proven Chapter 9 Damages

Date: Feb 4, 2026
Enforcement Jurisdiction Persists Despite Overbroad Relief, but Home-Sale Proceeds May Be Set Off Only to Proven Chapter 9 Damages Introduction In Debbie Jo Morrison v. Rodney Wayne Morrison (Tex....
Whitney Certificates Prove Forwarding as Addressed, Not Statutory-Address Compliance, in Restricted-Appeal Review of Secretary-of-State Service

Whitney Certificates Prove Forwarding as Addressed, Not Statutory-Address Compliance, in Restricted-Appeal Review of Secretary-of-State Service

Date: Jan 17, 2026
Whitney Certificates Prove Forwarding as Addressed, Not Statutory-Address Compliance, in Restricted-Appeal Review of Secretary-of-State Service I. Introduction In SHAMROCK ENTERPRISES, LLC D/B/A...
Appellate Courts Must Determine the Validity of a Disputed Settlement-Appellate Waiver Before Dismissing an Appeal

Appellate Courts Must Determine the Validity of a Disputed Settlement-Appellate Waiver Before Dismissing an Appeal

Date: Jan 10, 2026
Appellate Courts Must Determine the Validity of a Disputed Settlement-Appellate Waiver Before Dismissing an Appeal Case: 1 Coventry Court, LLC v. The Downs of Hillcrest Residential Association, Inc....
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