party making challenge (Texas) · Go Syfert
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party making challenge in Texas

17 Texas opinions name it 2 courts 1981–2024 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 (7)

CaseFollowedCited
Criton Corp. v. Highlands Insurance Co.green
texapp · 1991 · cited in 2 Texas opinions naming this issue, 1995–2015
2 sentences

2015Co., 809 S.W.2d 355, 358 (Tex. App.-Houston [14th Dist.] 1991, writ denied) (“Even though no particular form of presentment is required, the party making the claim must allege in its pleadings that presentment was made and- that the party to which the presentment was made failed to tender performance.”) (emphasis added).

1995Criton Corp. v. Highlands Ins., 809 S.W.2d 355, 358 (Tex.App.—Houston [14th Dist.] 1991, writ denied) (emphasis added). 9 Bingo faded to assert in its pleadings that presentment occurred.

22
Maloney v. Stategreen
texapp · 2009 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015Maloney v. State, 294 S.W.3d 613, 629 (Tex. App. - Houston [1st Dist.] 2009, 10 pet. ref'd).

2015Maloney v. State, 294 S.W.3d 613, 629 (Tex. App. - Houston [1st Dist.] 2009, 10 pet. ref'd).

22
Miller-El v. Cockrellgreen
scotus · 2003 · cited in 3 Texas opinions naming this issue, 2004–2005
2 sentences

2005Mil *657 ler-El, 537 U.S. at 339 , 123 S.Ct. 1029 ; Purkett, 514 U.S. at 767 , 115 S.Ct. 1769 .

2005Mil *657 ler-El, 537 U.S. at 339 , 123 S.Ct. 1029 ; Purkett, 514 U.S. at 767 , 115 S.Ct. 1769 .

13
Schnell v. State Farmgreen
ca5 · 2024 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024If an insurer is liable on a claim, and fails to comply with the Prompt Payment Act, “the insurer is liable to pay the party making the claim under the policy, in addition to the amount of the claim, interest on the amount of the claim at the rate of eighteen percent a year as damages, together with reasonable attorney’s fees.” Zhu, 543 S.W.3d at 436 ; see also Schnell v. State Farm Lloyds, 98 F.4th 150 , 159–60 (5th Cir. 2024) (determining that the plaintiffs had “presented evidence that payment of the . . . appraisal award was a delayed payment for that damage for which State Farm had alread

11
Stracener v. United Services Automobile Ass'ngreen
tex · 1989 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Ass'n, 777 S.W.2d 378, 383 (Tex.1989) (recognizing that the doctrine of the last antecedent is merely an aid used to determine the meaning and intent of communications, and it is not applicable in every case). 5 Although section 95.002(1) specifies who may be damaged for purposes of Chapter 95, section 95.001(2) defines a “claimant” more broadly to mean “a party making a claim subject to this chapter.” TEX.

11
Clark v. Stategreen
texcrimapp · 1996 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003Clark v. State, 929 S.W.2d 5, 8 (Tex.Crim.App.1996).

11
Jensen v. Jensengreen
tex · 1984 · cited in 1 Texas opinions naming this issue, 2001–2001
1 sentence

2001Jensen v. Jensen , 665 S.W.2d 107, 110 (Tex. 1984); Vallone , 644 S.W.2d at 459 .

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
Williams v. State green
texcrimapp · 1997
2 sentences

2014Purkett, 514 U.S. at 768 ; Williams, 937 S.W.2d at 485 .

2014Purkett, 514 U.S. at 768 ; Williams, 937 S.W.2d at 485 .

62004–2014
Purkett v. Elem green
scotus · 1995
2 sentences

2014Purkett, 514 U.S. at 768 ; Williams, 937 S.W.2d at 485 .

2014Id.; Purkett, 514 U.S. at 767 . 3 In reviewing a ruling on a Batson challenge, we review the record in the light most favorable to the trial court’s ruling to determine whether the trial court abused its discretion in denying the challenges.

62004–2014
Zhu v. First Cmty. Ins. Co. green
texapp · 2018
1 sentence

2024If an insurer is liable on a claim, and fails to comply with the Prompt Payment Act, “the insurer is liable to pay the party making the claim under the policy, in addition to the amount of the claim, interest on the amount of the claim at the rate of eighteen percent a year as damages, together with reasonable attorney’s fees.” Zhu, 543 S.W.3d at 436 ; see also Schnell v. State Farm Lloyds, 98 F.4th 150 , 159–60 (5th Cir. 2024) (determining that the plaintiffs had “presented evidence that payment of the . . . appraisal award was a delayed payment for that damage for which State Farm had alread

12024–2024
Castillo v. State green
texcrimapp · 1995
1 sentence

2019Id.

12019–2019
Canine, Inc. v. Golla green
texapp · 2012
1 sentence

2015“The word ‘present’ has been defined to mean a demand or request for pay ment.” Canine, Inc. v. Golla, 380 S.W.3d 189 , -193 (Tex.App.-Dallas- 2012, pet. denied); Jim Howe Homes, Inc. v. Rogers, 818 S.W.2d 901 , 904 n. 3 (Tex.App.-Austin 1991, no writ) (“Apparently, the supreme court has construed [presentment] to mean simply a demand or request for payment.

12015–2015
Jim Howe Homes, Inc. v. Rogers green
texapp · 1991
1 sentence

2015“The word ‘present’ has been defined to mean a demand or request for pay ment.” Canine, Inc. v. Golla, 380 S.W.3d 189 , -193 (Tex.App.-Dallas- 2012, pet. denied); Jim Howe Homes, Inc. v. Rogers, 818 S.W.2d 901 , 904 n. 3 (Tex.App.-Austin 1991, no writ) (“Apparently, the supreme court has construed [presentment] to mean simply a demand or request for payment.

12015–2015
Vallone v. Vallone green
tex · 1982
1 sentence

2001Jensen v. Jensen , 665 S.W.2d 107, 110 (Tex. 1984); Vallone , 644 S.W.2d at 459 .

12001–2001
Nettles v. Del Lingco of Houston green
texapp · 1982
1 sentence

1991Nettles v. Del Lingco of Houston, 638 S.W.2d 633 (Tex.App.—El Paso 1982, no writ).

11991–1991
Ward v. Scarborough green
texcommnapp · 1922
1 sentence

1981Ward v. Scarborough, 236 S.W. at 437-8 .

11981–1981

Where else courts name it

KS 46 (1934–2025) NY 39 (1863–2025) IL 27 (1902–2026) AL 23 (1942–2010) CT 20 (1976–2003) OH 20 (2001–2025) IN 18 (1991–2020) TX 17 (1981–2024) CA 16 (1891–2016) MO 15 (1884–2017) LA 14 (1986–2025) VA 14 (1910–2018) NM 13 (1981–2024) MT 12 (1994–2022) AZ 11 (1981–2024) MA 10 (1914–2009) PA 10 (1911–2014) NC 10 (1928–2017) WA 9 (2000–2015) MI 7 (1912–2025) NJ 7 (1984–2025) FL 6 (1985–2019) AK 6 (1978–2017) NE 6 (1947–2019) WY 5 (1970–2021) IA 5 (1986–2023) OR 5 (1993–2020) WV 4 (1877–2004) RI 4 (1949–2007) WI 4 (1988–2025) GA 3 (1928–1947) TN 3 (1951–2001) MD 3 (1977–2002) KY 3 (1947–2013) ND 3 (1901–2007) VT 3 (1987–2017) ID 3 (1992–2016) NH 3 (1850–2020) UT 3 (1997–2019) AR 2 (1912–1989) MN 2 (2011–2013) MS 2 (2009–2014)

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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