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16 Texas opinions name it 3 courts 1924–2015 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.
| Case | Followed | Cited |
|---|---|---|
Wieboldt v. Metzgreen2 sentences2015See, e.g., Wieboldt v. Metz, 355 F. Supp. 255, 261 (S.D.N.Y. 1973) (concluding that the purchaser’s “given role was not essentially ministerial, but truly active and discretionary” and “gave him virtually unfettered control, a situation which is irreconcilable . . . with Howey’s definition of an investment contract”). 23 converting a group policy into an individual policy where required, filing the death claim, collecting and distributing the death benefit (if requested), and assisting an investor who might wish to resell his interest”—were merely ministerial or clerical, rather than manageria 2015See, e.g., Wieboldt v. Metz, 355 F. Supp. 255, 261 (S.D.N.Y. 1973) (concluding that the purchaser’s “given role was not essentially ministerial, but truly active and discretionary” and “gave him virtually unfettered control, a situation which is irreconcilable . . . with Howey’s definition of an investment contract”). 23 converting a group policy into an individual policy where required, filing the death claim, collecting and distributing the death benefit (if requested), and assisting an investor who might wish to resell his interest”—were merely ministerial or clerical, rather than manageria | 2 | 2 |
Trenholm v. Ratcliffgreen2 sentences2012Faircloth in turn cites and relies upon Trenholm v. Ratcliff, 646 S.W.2d 927, 930 (Tex. 1983). 2012Faircloth in turn cites and relies upon Trenholm v. Ratcliff, 646 S.W.2d 927, 930 (Tex. 1983). | 2 | 2 |
Texas Tech University Health Sciences Center v. Lucerogreen2 sentences2011Likewise, in Lucero , the El Paso Court of Appeals applied Salcedo to hold that misuse of an abdominal CT scan and the related failure to diagnose a bile leak that resulted in the patient’s death stated a claim under the TTCA. 234 S.W.3d at 163 – 64, 172. 2011Likewise, in Lucero , the El Paso Court of Appeals applied Salcedo to hold that misuse of an abdominal CT scan and the related failure to diagnose a bile leak that resulted in the patient’s death stated a claim under the TTCA. 234 S.W.3d at 163-64, 172 . | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Securities and Exchange Commission v. Life Partners, Incorporated and Brian D. Pardo
green
1 sentence2015Id. at 545-46 . | 1 | 2015–2015 |
Green v. State
green
1 sentence1992Id. | 1 | 1992–1992 |
Paulus v. State
green
2 sentences1987Paulus v. State, 633 S.W.2d 827 (Tex.Cr.App.1982) (Opinion on Rehearing). 1987Paulus v. State, 633 S.W.2d 827 (Tex.Cr.App.1982) (Opinion on Rehearing). | 1 | 1987–1987 |
Robbins v. State
green
1 sentence1986Without repeating the analysis here, we hold that for the reasons explained in Robbins, supra, we agree with appellant that inclusion of the phrase “contributed to cause” the death is error under V.T.C.A. | 1 | 1986–1986 |
Whitaker v. General Insurance Company of America
green
1 sentence1976The case before us is controlled by the most recent Supreme Court case dealing with a death claim under the workmen’s compensation law, resulting from a heart attack, Baird v. Texas Employers’ Insurance Association, 495 S.W.2d 207 (Tex. 1973); and Whitaker v. General Insurance Company of America, 461 S.W.2d 148 (Tex.Civ.App., Dallas 1970, writ ref’d n. r. e.). | 1 | 1976–1976 |
Baird v. TEXAS EMPLOYERS'INSURANCE ASSOCIATION
green
1 sentence1976The case before us is controlled by the most recent Supreme Court case dealing with a death claim under the workmen’s compensation law, resulting from a heart attack, Baird v. Texas Employers’ Insurance Association, 495 S.W.2d 207 (Tex. 1973); and Whitaker v. General Insurance Company of America, 461 S.W.2d 148 (Tex.Civ.App., Dallas 1970, writ ref’d n. r. e.). | 1 | 1976–1976 |
Mary Turcich, Administratrix of the Estate of John Zvanja, Deceased v. The Liberty Corporation. In Re Zvanja's Estate
neutral
2 sentences1956As this action was brought by the personal representative to recover damages for the death of the seaman, the rights of the parties depend upon the statute and not upon the general maritime law, under which there can be n'o recovery on a death claim [citing authorities].” See also Turcich v. Liberty Corp., 3 Cir., 217 F.2d 495 ; Carstens v. Great Lakes Towing Co., D.C., 71 F.Supp. 394 ; and 79 C.J.S., Seamen, §§ 191, 192, pp. 674, 679, 681. 1956As this action was brought by the personal representative to recover damages for the death of the seaman, the rights of the parties depend upon the statute and not upon the general maritime law, under which there can be no recovery on a death claim [citing authorities]." See also Turcich v. Liberty Corp., 3 Cir., 217 F.2d 495 ; Carstens v. Great Lakes Towing Co., D.C., 71 F. Supp. 394 ; and 79 C.J.S., Seamen, §§ 191, 192, pp. 674, 679, 681. | 1 | 1956–1956 |
Carstens v. Great Lakes Towing Co.
green
2 sentences1956As this action was brought by the personal representative to recover damages for the death of the seaman, the rights of the parties depend upon the statute and not upon the general maritime law, under which there can be n'o recovery on a death claim [citing authorities].” See also Turcich v. Liberty Corp., 3 Cir., 217 F.2d 495 ; Carstens v. Great Lakes Towing Co., D.C., 71 F.Supp. 394 ; and 79 C.J.S., Seamen, §§ 191, 192, pp. 674, 679, 681. 1956As this action was brought by the personal representative to recover damages for the death of the seaman, the rights of the parties depend upon the statute and not upon the general maritime law, under which there can be no recovery on a death claim [citing authorities]." See also Turcich v. Liberty Corp., 3 Cir., 217 F.2d 495 ; Carstens v. Great Lakes Towing Co., D.C., 71 F. Supp. 394 ; and 79 C.J.S., Seamen, §§ 191, 192, pp. 674, 679, 681. | 1 | 1956–1956 |
Blanchett, Adm. v. Willis
neutral
2 sentences1956Blanchett v. Willis, 161 S.C. 83 , 159 S.E. 469 , 75 A.L.R. 1428 ; Uptegrove v. Metropolitan Life Ins. 1956Blanchett v. Willis, 161 S.C. 83 , 159 S.E. 469 , 75 A.L.R. 1428 ; Uptegrove v. Metropolitan Life Ins. | 1 | 1956–1956 |
Texas & N. O. R. v. Grace
neutral
1 sentence1954Co. v. Grace, respectively reported in 144 Tex. 71 , 188 S. W.2d 378 , and in 204 S.W.2d 857 , wherein the evidence was held insufficient to support recovery under the doctrine of discovered peril on a death claim. | 1 | 1954–1954 |
Texas & New Orleans Railroad v. Grace
green
2 sentences1954Co. v. Grace, respectively reported in 144 Tex. 71 , 188 S. W.2d 378 , and in 204 S.W.2d 857 , wherein the evidence was held insufficient to support recovery under the doctrine of discovered peril on a death claim. 1954Co. v. Grace, respectively reported in 144 Tex. 71 , 188 S. W.2d 378 , and in 204 S.W.2d 857 , wherein the evidence was held insufficient to support recovery under the doctrine of discovered peril on a death claim. | 1 | 1954–1954 |
Oilmen's Reciprocal Ass'n v. Young-Blood
neutral
1 sentence1937Oilmen’s Reciprocal Assn. v. Youngblood, 297 S. W. 255 . | 1 | 1937–1937 |
Northern Assurance Co. v. Samuels & Jordt
neutral
1 sentence1924Judge Neill, in the case of Northern Assurance Co. v. Samuels, 11 Tex. Civ. | 1 | 1924–1924 |
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.