17 Texas opinions name it 3 courts 1967–2023 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.
| Case | Followed | Cited |
|---|---|---|
Wright Ex Rel. Wright v. Ford Motor Co.green2 sentences2011See Wright v. Ford Motor Co., 508 F.3d 263 (5th Cir. 2007). 2011See Wright v. Ford Motor Co. , 508 F.3d 263 (5th Cir. 2007). | 2 | 2 |
Rolen v. Burroughs Wellcome Co.green1 sentence2012See, e.g., Rolen v. Burroughs Wellcome Co., 856 S.W.2d 607, 608 (Tex.App.-Waco 1993, writ denied) (involving a claim for breach of implied warranty of merchantability); Stewart v. Janssen Pharmaceutica, Inc., 780 S.W.2d 910, 910 (Tex.App.-El Paso 1989, writ denied) (involving negligence and strict liability claims). | 1 | 1 |
Stewart v. Janssen Pharmaceutica, Inc.green1 sentence2012See, e.g., Rolen v. Burroughs Wellcome Co., 856 S.W.2d 607, 608 (Tex.App.-Waco 1993, writ denied) (involving a claim for breach of implied warranty of merchantability); Stewart v. Janssen Pharmaceutica, Inc., 780 S.W.2d 910, 910 (Tex.App.-El Paso 1989, writ denied) (involving negligence and strict liability claims). | 1 | 1 |
GMC v. Saenz on Behalf of Saenzgreen1 sentence1994App.Dallas 1974, writ ref'd n.r.e.). [4] Hence the product warning requirement in our state is one that centers on reasonableness, not the type of never-to-be-fully-achieved state of warning perfection to which the majority derisively refers. 873 S.W.2d at 360-361. | 1 | 1 |
Bituminous Casualty Corp. v. Black & Decker Manufacturing Co.green1 sentence1994Co., 518 S.W.2d 868, 872-73 (Tex.Civ.App.—Dallas 1974, writ ref d n.r.e.). 4 Hence the product warning requirement in our state is one that centers on reasonableness, not the type of never-to-be-fully-achieved state of warning perfection to which the majority derisively refers. 873 S.W.2d at 360-361. | 1 | 1 |
Howard v. Faberge, Inc.green1 sentence1991Howard v. Faberge, Inc., 679 S.W.2d 644, 650 (Tex.App.—Houston [1st Dist.] 1984, writ ref d n.r.e.). | 1 | 1 |
General Motors Corp. v. Hopkinsgreen1 sentence1986General Motors Corp. v. Hopkins, 548 S.W.2d 344, 351 (Tex.1977). | 1 | 1 |
Rawlings Sporting Goods Co., Inc. v. Danielsgreen1 sentence1984See Rawlings Sporting Goods Co. v. Daniels, 619 S.W.2d 435 (Tex.Civ.App.—Waco 1981, writ ref’d n.r.e.). | 1 | 1 |
Rourke v. Garzagreen1 sentence1977Regardless of that, the factors involved in making the balancing test include, among others, the following: “ * * * (1) the usefulness and desirability of the product, (2) the availability of other and safer products to meet the same need, (3) the likelihood of injury and its probable seriousness, (4) the obviousness of the danger, (5) common knowledge and normal public expectation of the danger (particularly for established products), (6) the avoidability of injury by care in use of the product (including the effect of instructions or warnings), and (7) the ability to eliminate the danger wit | 1 | 1 |
cluster 327598green1 sentence1977Regardless of that, the factors involved in making the balancing test include, among others, the following: “ * * * (1) the usefulness and desirability of the product, (2) the availability of other and safer products to meet the same need, (3) the likelihood of injury and its probable seriousness, (4) the obviousness of the danger, (5) common knowledge and normal public expectation of the danger (particularly for established products), (6) the avoidability of injury by care in use of the product (including the effect of instructions or warnings), and (7) the ability to eliminate the danger wit | 1 | 1 |
Heck v. Stategreen1 sentence1974See Heck v. State, Tex.Cr.App., 507 S.W.2d 737 (this day decided.) . | 1 | 1 |
Charles Pfizer and Company v. Branchgreen1 sentence1968See also Charles Pfizer & Company v. Branch, supra. In view of another trial, we are of the opinion there could be no recovery under this record on the basis of implied warranty. | 1 | 1 |
Sylvester Hansen v. Firestone Tire and Rubber Companygreen2 sentences1967See, Dagley v. Armstrong Rubber Company, 344 F.2d 245 (7th Cir. 1965), citing Hansen v. Firestone Tire and Rubber Co., 276 F.2d 254 (6th Cir. 1960). 1967See, Dagley v. Armstrong Rubber Company, 344 F.2d 245 (7th Cir. 1965), citing Hansen v. Firestone Tire and Rubber Co., 276 F.2d 254 (6th Cir. 1960). | 1 | 1 |
cluster 267583green2 sentences1967See, Dagley v. Armstrong Rubber Company, 344 F.2d 245 (7th Cir. 1965), citing Hansen v. Firestone Tire and Rubber Co., 276 F.2d 254 (6th Cir. 1960). 1967See, Dagley v. Armstrong Rubber Company, 344 F.2d 245 (7th Cir. 1965), citing Hansen v. Firestone Tire and Rubber Co., 276 F.2d 254 (6th Cir. 1960). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Schlup v. Delo
red
2 sentences2015The lower burden of proof for the applicant in a Schlup claim is justified because the conviction “may not be entitled to the same degree of respect of one, such as Herrera’s, that is the product of an error- free trial.” Id. at 316 . 2015The lower burden of proof for the applicant in a Schlup claim is justified because the conviction “may not be entitled to the same degree of respect of one, such as Herrera’s, that is the product of an error- free trial.” Id. at 316 . | 3 | 2012–2015 |
Reaves v. City of Corpus Christi
green
1 sentence2023Its genesis is in a legislative directive to the supreme court “to adopt rules for the dismissal of causes of action that have no basis in law or fact, to be achieved ‘on motion and without evidence’.” Reaves, 518 S.W.3d at 599 (citing TEX. | 1 | 2023–2023 |
Alm v. Aluminum Co. of America
green
1 sentence2012Generally, “[t]he adequacy of a warning is a question of fact to be determined by the jury.” Aim, 717 S.W.2d at 592 ; see Bituminous Cas. | 1 | 2012–2012 |
Dudley v. State
green
2 sentences1987Several court decisions, perhaps the most explicit of which is Dudley v. State, 548 S.W.2d 706 (Tex.Crim.App.1977), prohibiting the State from eliciting testimony concerning an accused’s refusal to take a sobriety test, have rested upon Tex.Code Crim.P.Ann. art. 38.22 (Vernon Supp.1987), the “confession statute,” as well as the rule of evidence that forbids an accused’s silence to be used against him as tending to establish guilt. 1987Several court decisions, perhaps the most explicit of which is Dudley v. State, 548 S.W.2d 706 (Tex.Crim.App.1977), prohibiting the State from eliciting testimony concerning an accused's refusal to take a sobriety test, have rested upon Tex.Code Crim.P.Ann. art. 38.22 (Vernon Supp.1987), the "confession statute," as well as the rule of evidence that forbids an accused's silence to be used against him as tending to establish guilt. | 1 | 1987–1987 |
Technical Chemical Company v. Jacobs
green
1 sentence1982This presumption comes from the decision in Technical Chemical Co. v. Jacobs, supra, in which the Supreme Court set forth the following principles: [T]he presumption is that [the user] would have read an adequate warning. | 1 | 1982–1982 |
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.