exception is an affirmative defense (Texas) · Go Syfert
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exception is an affirmative defense in Texas

5 Texas opinions name it 1 courts 2006–2016 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Olympic Waste Services v. City of Grand Salinegreen
texapp · 2006 · cited in 2 Texas opinions naming this issue, 2007–2016
2 sentences

2016Olympic Waste Servs. v. City of Grand Saline, 204 S.W.3d 496, 504 (Tex. App.—Tyler 2000, no pet.).

2007Olympic Waste Servs. v. City of Grand Saline, 204 S.W.3d 496, 504 (Tex.App.-Tyler 2000, no pet.).

22
American Home Shield Corp. v. Lahorguegreen
texapp · 2006 · cited in 2 Texas opinions naming this issue, 2006–2006
2 sentences

2006Home Shield Corp. v. Lahorgue , 201 S.W.3d 181, 185 (Tex. App.--Dallas 2006, pet. filed). ("Because this exception is an affirmative defense, American Home, as non-movant, had the burden to raise an issue of fact on each element of the defense.").

2006Home Shield Corp. v. Lahorgue, 201 S.W.3d 181, 185 (Tex.App.-Dallas 2006, pet. filed). (“Because this exception is an affirmative defense, American Home, as non-movant, had the burden to raise an issue of fact on each element of the defense.”).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Storage & Processors, Inc. v. Reyes green
tex · 2004
1 sentence

2006Reyes, 134 S.W.3d at 194 ; Am.

12006–2006

Where else courts name it

CA 18 (1931–2021) IN 6 (2012–2016) TX 5 (2006–2016) FL 2 (1983–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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