assumption defense (Texas) · Go Syfert
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assumption defense in Texas

19 Texas opinions name it 2 courts 1919–2022 1 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 (4)

CaseFollowedCited
Clewis v. Statered
texcrimapp · 1996 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009Clewis v. State , 922 S.W.2d 126, 134 (Tex. Crim.

2009Clewis v. State, 922 S.W.2d 126, 134 (Tex. Crim.

22
Birchfield v. Texarkana Memorial Hospitalgreen
tex · 1987 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012See Birchfield v. Texarkana Mem’l Hosp., 747 S.W.2d 361, 365 (Tex. 1987). 15 In this instance, the opinions in the Siegel affidavit are based on the assumption that the standard used by the Texas Supreme Court in Borg-Warner would not have applied to appellant’s underlying claims because the decision was not handed down until 2007 and appellant’s claims were litigated during the time period of 2004–05, while the Borg-Warner case was still on appeal.

11
Tull v. Chubb Group of Insurance Companiesgreen
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2005–2005
1 sentence

2005See Tull , 146 S.W.3d at 694-95 ; Wilkinson , 601 S.W.2d at 522 .

11
Rosestone Properties, Inc. v. Schliemanngreen
texapp · 1983 · cited in 1 Texas opinions naming this issue, 1987–1987
2 sentences

1987Rosestone Properties, Inc. v. Schliemann, supra at 52.

1987Rosestone Properties, Inc. v. Schliemann, supra at 52.

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 (9)

CaseCitedYears
Farmers Texas County Mutual Insurance Co. v. Wilkinson green
texapp · 1980
2 sentences

2007The exception stated in Wilkinson is premised on the assumption of defense of the underlying cause by the insurer. 601 S.W.2d at 521-22 .

2004The exception stated in Wilkinson is premised on the assumption of defense of the underlying cause by the *695 insurer. 601 S.W.2d at 621-22 .

72004–2007
Spann v. Cochran & Ewing green
tex · 1885
2 sentences

1937Spann v. Cochran & Ewing [ 63 Tex. 240 ], supra. “The assumption clause cannot be construed as a mere indemnity'to the grantor.

1919Spann v. Cochran & Ewing, supra. The assumption clause cannot be construed as a mere indemnity to the grantor.

21919–1937
Hooper Associates Ltd. v. AGS Computers, Inc. green
ny · 1989
1 sentence

2022Hooper buttressed its holding that the indemnity/hold-harmless provisions did not embrace interparty fee claims by noting that several of the contract’s other provisions provided for matters such as notice that the claim was being made and an assumption of defense; Hooper concluded that these provisions would be surplusage if read to extend “the indemnification clause to require defendant to reimburse plaintiff for attorney’s fees in the breach[-]of[-]contract action against defendant.” Id.

12022–2022
Mitchel v. State green
texapp · 2008
2 sentences

2009Id.

2009Id.

12009–2009
Cipollone v. Liggett Group, Inc. green
scotus · 1992
2 sentences

1993Id. at ___, 112 S.Ct. at 2617 .

1993Id. at ___, 112 S.Ct. at 2617 .

11993–1993
Railroad Commission of Texas v. Southern Pacific Transport Co. of Texas green
texapp · 1983
1 sentence

1984Railroad Commission of Texas v. Southern Pacific, 649 S.W.2d 713 (Tex.App.1983, no writ).

11984–1984
Carter v. William Sommerville and Son, Inc. green
tex · 1979
1 sentence

1983Our reliance on the standard of review enunciated by Carter, supra, and Goodyear Tire & Rubber Co., supra, requires that we consider only the evidence favorable to the judgment.

11983–1983
Goodyear Tire & Rubber Co. v. Jefferson Construction Co. green
tex · 1978
1 sentence

1983Our reliance on the standard of review enunciated by Carter, supra, and Goodyear Tire & Rubber Co., supra, requires that we consider only the evidence favorable to the judgment.

11983–1983
Keeney v. Coffee neutral
texapp · 1953
1 sentence

1954On this assumption the rule of decision prior to the adoption of the Texas Rules of Civil Procedure would have supported the appellant’s contentions about waiver and jurisdiction; and in Keeney v. Coffee, 258 S.W.2d 150 , the Amarillo Court of Civil Appeals applied the former rule of decision under Rules 86 and 87.

11954–1954

Where else courts name it

IL 41 (1882–2024) NY 41 (1878–2025) CA 23 (1917–2020) LA 22 (1965–2015) TX 19 (1919–2022) IA 17 (1923–2005) MO 12 (1856–1998) OR 10 (1918–2025) AL 10 (1918–2009) KS 10 (1896–2018) FL 10 (1933–2017) RI 10 (1932–2001) NJ 9 (1930–2020) OK 9 (1931–1998) CT 8 (1908–2022) PA 8 (1933–2010) MI 8 (1935–1993) CO 8 (1897–2004) HI 7 (1941–2010) MD 6 (1940–2022) WI 5 (1903–1986) MA 5 (1942–2010) IN 4 (1907–1999) ME 4 (1935–2008) GA 4 (1935–2022) WA 4 (1933–1992) MN 4 (1890–1994) UT 4 (1899–2024) NE 3 (1932–1936) AZ 3 (1908–1996) KY 3 (1950–2013) NH 2 (1989–1993) AR 2 (1958–2009) MS 2 (2009–2020) SD 2 (1960–1984) SC 2 (1991–2021) MT 2 (1909–1993) OH 2 (1940–2021)

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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