extraordinary defense (Texas) · Go Syfert
← Texas issues

extraordinary defense in Texas

5 Texas opinions name it 3 courts 1997–2026 2 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
Brune v. Brown Forman Corp.green
texapp · 1988 · cited in 2 Texas opinions naming this issue, 1997–2002
2 sentences

2002“Common knowledge,” though, is an extraordinary defense that applies only when knowledge of danger is “so patently obvious and so well known to the community generally, that there can be no question or dispute concerning [its] existence.” Id. at 427 (quoting Brune v. Brown Forman Corp., 758 S.W.2d 827, 830-31 (Tex.App.—Corpus Christi 1988, writ denied)).

2002"Common knowledge," though, is an extraordinary defense that applies only when knowledge of danger is "so patently obvious and so well known to the community generally, that there can be no question or dispute concerning [its] existence." Id. at 427 (quoting Brune v. Brown Forman Corp., 758 S.W.2d 827, 830-31 (Tex.App.-Corpus Christi 1988, writ denied)).

12
Liteky v. United Statesgreen
scotus · 1994 · cited in 1 Texas opinions naming this issue, 2026–2026
1 sentence

2026But judicial bias is an extraordinary claim that requires proof of “deep‑seated favoritism or antagonism that would make fair judgment impossible.” Liteky v. United States, 510 U.S. 540, 555 (1994).

11

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 (2)

CaseCitedYears
American Tobacco Co., Inc. v. Grinnell green
tex · 1997
2 sentences

2002“Common knowledge,” though, is an extraordinary defense that applies only when knowledge of danger is “so patently obvious and so well known to the community generally, that there can be no question or dispute concerning [its] existence.” Id. at 427 (quoting Brune v. Brown Forman Corp., 758 S.W.2d 827, 830-31 (Tex.App.—Corpus Christi 1988, writ denied)).

2002The common knowledge defense is “an extraordinary defense” and it “connotes a general societal understanding of the risks inherent in a specific product or class of products.” Grinnell, 951 S.W.2d at 427 .

22002–2002
Click v. Tyra green
texapp · 1993
1 sentence

2025Click, 867 S.W.2d at 408– 09.

12025–2025

Where else courts name it

PA 31 (1925–2026) NY 23 (1871–2025) VA 14 (1987–2025) IL 12 (1956–2022) GA 10 (2006–2022) CA 7 (1880–2015) OH 6 (2004–2022) NJ 6 (1952–2026) TX 5 (1997–2026) MO 4 (1881–1978) WA 4 (1995–2026) SC 4 (2002–2012) IA 4 (1914–2020) NC 4 (1991–2017) MD 4 (1969–2010) CT 3 (1919–2018) MT 3 (1978–1982) WV 2 (1935–1991) MI 2 (2019–2019) UT 2 (1989–1992) LA 2 (1930–2017)

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.

← Caselaw search · G Cite Topics · Brief Check