three prong test (Texas) · Go Syfert
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three prong test in Texas

21 Texas opinions name it 2 courts 1982–2019 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 (15)

CaseFollowedCited
Marks v. St. Luke's Episcopal Hospitalgreen
tex · 2010 · cited in 2 Texas opinions naming this issue, 2014–2014
2 sentences

2014The Texas Supreme Court set forth a three prong test to satisfy this definition: “(1) a physician or health care provider must be a defendant; (2) the claim ... must concern treatment, lack of treatment, or a departure from accepted standards of medical care, or health care, or safety or professional or administrative services directly related to health care; and (3) the defendant’s act or omission complained of must proximately cause the injury to the claimant.” Williams, 371 S.W.3d at 179-80 ; accord Marks, 319 S.W.3d at 664 .

2014The Texas Supreme Court set forth a three prong test to satisfy this definition: “(1) a physician or health care provider must be a defendant; (2) the claim . . . must concern treatment, lack of treatment, or a departure from accepted standards of medical care, or health care, or safety or professional or administrative services directly related to health care;” and (3) the defendant’s act or omission complained of must proximately cause the injury to the claimant.” Williams, 371 S.W.3d at 179–80; accord Marks, 319 S.W.3d at 664 .

22
Loaisiga v. Cerdagreen
tex · 2012 · cited in 2 Texas opinions naming this issue, 2014–2014
2 sentences

2014Oaks, 371 S.W.3d at 179–80; accord Loaisiga, 379 S.W.3d at 255 ; Marks v. St.

2014Oaks, 371 S.W.3d at 179-80 ; accord Loaisiga, 379 S.W.3d at 255 ; Marks v. St.

22
Delaware v. Van Arsdallgreen
scotus · 1986 · cited in 2 Texas opinions naming this issue, 2009–2013
2 sentences

2013See Delaware v. Van Arsdall, 475 U.S. 673, 684 , 106 S. Ct. 1431, 1438 (1986).

2013See Delaware v. Van Arsdall, 475 U.S. 673, 684 , 106 S. Ct. 1431, 1438 (1986).

22
Jacobsen v. Anheuser-Busch, Inc.green
minn · 1986 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Energy Reserves Grp., Inc. v. Kansas Power & Light Co., 459 U.S. 400, 411-13 (1983); U.S. Trust Co. v. New Jersey, 431 U.S. 1, 17-22 (1977); Jacobsen v. Anheuser- Busch, Inc., 392 N.W.2d 868, 872 (Minn. 1986).

11
Hunt v. Washington State Apple Advertising Commissiongreen
scotus · 1977 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015See maj. op. at 1288 members). (applying the three prong test articulated in Hunt v. Washington State Apple Advertising Comm’n, 432 U.S. *1297 At least twice since Hunt, this court has held that 333, 343, 97 S.Ct. 2434, 2441 , 53 L.Ed.2d 383 (1977)).

2015See maj. op. at 1288 members). (applying the three prong test articulated in Hunt v. Washington State Apple Advertising Comm’n, 432 U.S. *1297 At least twice since Hunt, this court has held that 333, 343, 97 S.Ct. 2434, 2441 , 53 L.Ed.2d 383 (1977)).

11
United States Trust Co. of NY v. New Jerseygreen
scotus · 1977 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Energy Reserves Grp., Inc. v. Kansas Power & Light Co., 459 U.S. 400, 411-13 (1983); U.S. Trust Co. v. New Jersey, 431 U.S. 1, 17-22 (1977); Jacobsen v. Anheuser- Busch, Inc., 392 N.W.2d 868, 872 (Minn. 1986).

11
Energy Reserves Group, Inc. v. Kansas Power & Light Co.green
scotus · 1983 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Energy Reserves Grp., Inc. v. Kansas Power & Light Co., 459 U.S. 400, 411-13 (1983); U.S. Trust Co. v. New Jersey, 431 U.S. 1, 17-22 (1977); Jacobsen v. Anheuser- Busch, Inc., 392 N.W.2d 868, 872 (Minn. 1986).

11
Tyler Scoresby, M.D. v. Catarino Santillan, Individually and as Next Friend of Samuel Santillan, a Minorgreen
tex · 2011 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Scoresby, 346 S.W.3d at 556–57; Thomas, 362 S.W.3d at 672 .

11
Washington v. Stategreen
texcrimapp · 1979 · cited in 1 Texas opinions naming this issue, 2004–2004
1 sentence

2004For the sake of consistency with the Court of Appeals, I also refer to it as the three prong Henderson test. [3] In addition to Henderson, see also Long v. State, 823 S.W.2d 259, 277 (Tex.Crim.App. 1991); Smith v. State, 779 S.W.2d 417, 427-428 (Tex.Cr.App.1989); Washington v. State, 582 S.W.2d 122, 124 (Tex.Cr.App.1979).

11
Long v. Stategreen
texcrimapp · 1991 · cited in 1 Texas opinions naming this issue, 2004–2004
1 sentence

2004For the sake of consistency with the Court of Appeals, I also refer to it as the three prong Henderson test. [3] In addition to Henderson, see also Long v. State, 823 S.W.2d 259, 277 (Tex.Crim.App. 1991); Smith v. State, 779 S.W.2d 417, 427-428 (Tex.Cr.App.1989); Washington v. State, 582 S.W.2d 122, 124 (Tex.Cr.App.1979).

11
Smith v. Stategreen
texcrimapp · 1989 · cited in 1 Texas opinions naming this issue, 2004–2004
1 sentence

2004For the sake of consistency with the Court of Appeals, I also refer to it as the three prong Henderson test. [3] In addition to Henderson, see also Long v. State, 823 S.W.2d 259, 277 (Tex.Crim.App. 1991); Smith v. State, 779 S.W.2d 417, 427-428 (Tex.Cr.App.1989); Washington v. State, 582 S.W.2d 122, 124 (Tex.Cr.App.1979).

11
Craddock v. Sunshine Bus Lines, Inc.green
tex · 1939 · cited in 1 Texas opinions naming this issue, 1998–1998
2 sentences

1998See Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388 , 133 S.W.2d 124 (1939).

1998See Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388 , 133 S.W.2d 124 (1939).

11
Kassen v. Hatleygreen
tex · 1994 · cited in 1 Texas opinions naming this issue, 1997–1997
1 sentence

1997See also Kassen v. Hatley, 887 S.W.2d 4, 8 (Tex.1994) (reaffirming the three prong test in City of Lancaster).

11
Harrell v. Stategreen
texcrimapp · 1986 · cited in 1 Texas opinions naming this issue, 1991–1991
1 sentence

1991See Harrell v. State, 725 S.W.2d 208, 209-10 (Tex.Crim.App.1986).

11
O'Brien v. Lanpar Companygreen
tex · 1966 · cited in 1 Texas opinions naming this issue, 1991–1991
2 sentences

1991In the recent case of Schlobohm , the supreme court modified the second part of the test in O’Brien v. Lanpar Co., 399 S.W.2d 340, 342 (Tex.1966), to include continuing and systematic contacts in a three prong test. 784 S.W.2d at 357-358 .

1991In the recent case of Schlobohm , the supreme court modified the second part of the test in O'Brien v. Lanpar Co., 399 S.W.2d 340, 342 (Tex. 1966), to include continuing and systematic contacts in a three prong test. 784 S.W.2d at 357-358 .

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 (10)

CaseCitedYears
Texas West Oaks Hospital, LP v. Williams green
tex · 2012
2 sentences

2014The Texas Supreme Court set forth a three prong test to satisfy this definition: “(1) a physician or health care provider must be a defendant; (2) the claim ... must concern treatment, lack of treatment, or a departure from accepted standards of medical care, or health care, or safety or professional or administrative services directly related to health care; and (3) the defendant’s act or omission complained of must proximately cause the injury to the claimant.” Williams, 371 S.W.3d at 179-80 ; accord Marks, 319 S.W.3d at 664 .

2014The Texas Supreme Court set forth a three prong test to satisfy this definition: “(1) a physician or health care provider must be a defendant; (2) the claim . . . must concern treatment, lack of treatment, or a departure from accepted standards of medical care, or health care, or safety or professional or administrative services directly related to health care;” and (3) the defendant’s act or omission complained of must proximately cause the injury to the claimant.” Williams, 371 S.W.3d at 179–80; accord Marks, 319 S.W.3d at 664 .

42014–2014
Shelby v. State green
texcrimapp · 1991
2 sentences

2019Shelby v. State , 819 S.W.2d 544 , 547 (Tex. Crim.

2004Id.

22004–2019
Thomas v. Torrez green
texapp · 2011
1 sentence

2015See Scoresby, 346 S.W.3d at 556–57; Thomas, 362 S.W.3d at 672 .

12015–2015
JVA Operating Co. v. Kaiser-Francis Oil Co. green
texapp · 2000
1 sentence

2015Id. at 510 . i. Appellant met his three part burden at trial to warrant an Art. 38.23(a) instruction concerning the allegation of an obstructed license plate. a.

12015–2015
Kelly v. State green
texcrimapp · 1992
1 sentence

2012Id. at 573 . 4 The Texas Court of Criminal Appeals has taken judicial notice of the reliability of both the scientific theory behind the HGN test as well as the procedure for performing the HGN test contained in the National Highway Traffic Safety Administration (―NHTSA‖) manual for field-sobriety testing.

12012–2012
Batson v. Kentucky green
scotus · 1986
2 sentences

1997Batson, 476 U.S. at 96 , 106 S.Ct. at 1723 .

1997Batson, 476 U.S. at 96 , 106 S.Ct. at 1723 .

11997–1997
Schlobohm v. Schapiro green
tex · 1990
2 sentences

1991In the recent case of Schlobohm , the supreme court modified the second part of the test in O’Brien v. Lanpar Co., 399 S.W.2d 340, 342 (Tex.1966), to include continuing and systematic contacts in a three prong test. 784 S.W.2d at 357-358 .

1991In the recent case of Schlobohm , the supreme court modified the second part of the test in O'Brien v. Lanpar Co., 399 S.W.2d 340, 342 (Tex. 1966), to include continuing and systematic contacts in a three prong test. 784 S.W.2d at 357-358 .

11991–1991
Texas Industries, Inc. v. Sanchez green
tex · 1975
1 sentence

1983Texas Industries v. Sanchez, supra; Kelley Moore Paint Company v. Northeast National Bank, 426 S.W.2d 591 (Tex.Civ.App.—Fort Worth, 1968, no writ).

11983–1983
Kelly Moore Paint Co. of Texas v. Northeast National Bank of Fort Worth green
texapp · 1968
1 sentence

1983Texas Industries v. Sanchez, supra; Kelley Moore Paint Company v. Northeast National Bank, 426 S.W.2d 591 (Tex.Civ.App.—Fort Worth, 1968, no writ).

11983–1983
Miller v. California green
scotus · 1973
2 sentences

1982In Miller , the Supreme Court established a three prong test which examines (a) whether ‘the average person, applying contemporary community standards’ would find that the work, taken as a whole appeals to the pruient interest ...; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work taken as a whole lacks serious literary, artistic, political, or scientific value. 413 U.S. at 24 , 93 S.Ct. at 2614 .

1982In Miller , the Supreme Court established a three prong test which examines (a) whether ‘the average person, applying contemporary community standards’ would find that the work, taken as a whole appeals to the pruient interest ...; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work taken as a whole lacks serious literary, artistic, political, or scientific value. 413 U.S. at 24 , 93 S.Ct. at 2614 .

11982–1982

Where else courts name it

PA 46 (1978–2024) OH 35 (1972–2023) TX 21 (1982–2019) NJ 16 (1973–2022) CT 15 (1989–2001) FL 14 (1988–2026) MS 13 (1987–2008) LA 12 (1981–2023) CA 7 (2014–2026) MO 7 (1989–2008) NC 6 (1992–2018) VA 6 (1987–2008) OK 5 (1980–1999) IN 5 (1974–2001) MD 5 (1974–2015) NY 4 (1994–2013) VI 4 (1982–2025) WV 3 (2016–2021) DE 3 (2017–2025) OR 3 (1983–2024) MI 3 (2010–2024) GA 3 (2012–2026) TN 3 (2003–2018) ID 3 (1993–2011) WI 3 (2015–2025) WA 3 (2015–2020) HI 3 (1997–2012) IA 2 (1983–2001) IL 2 (2011–2012) AR 2 (1983–2020) MA 2 (1997–2023) KY 2 (2011–2023)

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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