Bowen factors (Texas) · Go Syfert
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Bowen factors in Texas

14 Texas opinions name it 3 courts 1933–2022 2 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 (11)

CaseFollowedCited
Texas Iron Workers' Pension Fund v. Trefgergreen
texapp · 1983 · cited in 3 Texas opinions naming this issue, 2003–2003
2 sentences

2003Gibbs, 210 F.3d at 504 ; Iron Workers Local No. 272 v. Bowen, 624 F.2d 1255 (5th Cir.1980); see also Texas Iron Workers’ Pension Fund v. Trefger, 651 S.W.2d 956, 958-59 (Tex.App.-Fort Worth 1983, no writ) (applying five Bowen factors to determination of attorney fees under ERISA).

2003Gibbs , 210 F.3d at 504 ; Iron Workers Local No. 272 v. Bowen , 624 F.2d 1255 (5th Cir. 1980); see also Texas Iron Workers = Pension Fund v. Trefger , 651 S.W.2d 956 , 958 B 59 (Tex. App. C Fort Worth 1983, no writ) (applying five Bowen factors to determination of attorney fees under ERISA).

33
Iron Workers Local v. Bowengreen
ca5 · 1980 · cited in 4 Texas opinions naming this issue, 1993–2003
2 sentences

2003Gibbs, 210 F.3d at 504 ; Iron Workers Local No. 272 v. Bowen, 624 F.2d 1255 (5th Cir.1980); see also Texas Iron Workers’ Pension Fund v. Trefger, 651 S.W.2d 956, 958-59 (Tex.App.-Fort Worth 1983, no writ) (applying five Bowen factors to determination of attorney fees under ERISA).

2003Gibbs , 210 F.3d at 504 ; Iron Workers Local No. 272 v. Bowen , 624 F.2d 1255 (5th Cir. 1980); see also Texas Iron Workers = Pension Fund v. Trefger , 651 S.W.2d 956 , 958 B 59 (Tex. App. C Fort Worth 1983, no writ) (applying five Bowen factors to determination of attorney fees under ERISA).

14
Dunn v. Blumsteingreen
scotus · 1972 · cited in 2 Texas opinions naming this issue, 2005–2005
2 sentences

2005Blumstein , 405 U.S. 330 , 342 (1972) (stating a classification involving a fundamental right must be a compelling state interest). 10 Because it was set forth in a plurality opinion, the validity of the Bowen standard has been the subject of some debate.

2005Blumstein , 405 U.S. 330 , 342 (1972) (stating a classification involving a fundamental right must be a compelling state interest). 10 Because it was set forth in a plurality opinion, the validity of the Bowen standard has been the subject of some debate.

12
Guidry v. National Freight, Inc.green
texapp · 1997 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See Guidry v. Nat’l Freight, Inc., 944 S.W.2d 807, 812 (Tex. App.— Austin 1997, no writ).

11
In Re Labatt Food Service, L.P.green
tex · 2009 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017See In re Labatt Food Serv., L.P., 279 S.W.3d at 643 .

11
Jabri v. Qadduragreen
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017See Jabri, 108 S.W.3d at 410-11 .

11
State v. Mercadogreen
texcrimapp · 1998 · cited in 1 Texas opinions naming this issue, 2014–2014
2 sentences

2014In State v. Mercado, the Texas Court of Criminal Appeals stated the obvious principle of fairness, “Ordinary notions of procedural default should apply equally to the defendant and the State.” 15 Further, as Judge Cochran has explained, “The purpose of the contemporaneous-objection rule is to provide both the trial judge and the opposing party an opportunity to avoid or correct 15 972 S.W.2d 75, 78 (Tex. Crim.

2014In State v. Mercado, the Texas Court of Criminal Appeals stated the obvious principle of fairness, “Ordinary notions of procedural default should apply equally to the defendant and the State.” 15 Further, as Judge Cochran has explained, “The purpose of the contemporaneous-objection rule is to provide both the trial judge and the opposing party an opportunity to avoid or correct 15 972 S.W.2d 75, 78 (Tex. Crim.

11
LifeCare Management Services LLC v. Insurance Management Administrators Inc.green
ca5 · 2013 · cited in 1 Texas opinions naming this issue, 2014–2014
2 sentences

2014Adm’rs Inc., 703 F.3d 835, 846-47 (5th Cir.2013) (explaining that the United States Supreme Court stated “we do not need to consider the Bowen factors,” citing Hardt v. Reliance Standard Life Ins.

2014Adm’rs Inc., 703 F.3d 835, 846-47 (5th Cir.2013) (explaining that the United States Supreme Court stated “we do not need to consider the Bowen factors,” citing Hardt v. Reliance Standard Life Ins.

11
cluster 424759green
ca3 · 1983 · cited in 1 Texas opinions naming this issue, 1993–1993
2 sentences

1993See Bowen , 624 F.2d at 1266 ; see also Donovan v. Cunningham , 716 F.2d 1455 (5th Cir. 1983), cert. denied , 467 U.S. 1251 (1984).

1993See Bowen , 624 F.2d at 1266 ; see also Donovan v. Cunningham , 716 F.2d 1455 (5th Cir. 1983), cert. denied , 467 U.S. 1251 (1984).

11
Heckler v. Chaneygreen
scotus · 1984 · cited in 1 Texas opinions naming this issue, 1993–1993
2 sentences

1993See Bowen , 624 F.2d at 1266 ; see also Donovan v. Cunningham , 716 F.2d 1455 (5th Cir. 1983), cert. denied , 467 U.S. 1251 (1984).

1993See Bowen , 624 F.2d at 1266 ; see also Donovan v. Cunningham , 716 F.2d 1455 (5th Cir. 1983), cert. denied , 467 U.S. 1251 (1984).

11
Phelps v. Stategreen
texcrimapp · 1980 · cited in 1 Texas opinions naming this issue, 1984–1984
2 sentences

1984Id. at 436 (emphasis in original).

1984Id. at 436 (emphasis in original).

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 (6)

CaseCitedYears
Carolyn J. Gibbs v. Ashley C. Gibbs, a Minor Child and Andrew F. Gibbs, a Minor Child, Intervenor v. General American Life Insurance Company green
ca5 · 2000
2 sentences

2003Gibbs, 210 F.3d at 504 ; Iron Workers Local No. 272 v. Bowen, 624 F.2d 1255 (5th Cir.1980); see also Texas Iron Workers’ Pension Fund v. Trefger, 651 S.W.2d 956, 958-59 (Tex.App.-Fort Worth 1983, no writ) (applying five Bowen factors to determination of attorney fees under ERISA).

2003Gibbs , 210 F.3d at 504 ; Iron Workers Local No. 272 v. Bowen , 624 F.2d 1255 (5th Cir. 1980); see also Texas Iron Workers = Pension Fund v. Trefger , 651 S.W.2d 956 , 958 B 59 (Tex. App. C Fort Worth 1983, no writ) (applying five Bowen factors to determination of attorney fees under ERISA).

32003–2003
Gorman v. Life Insurance Co. of North America green
tex · 1991
2 sentences

2003Gorman, 811 S.W.2d at 548 . 7 .

2003Gorman , 811 S.W.2d at 548 . [7] We recognize there is authority that an unsuccessful claimant to the interpleaded fund should bear the burden of the innocent stakeholder = s attorney fees in bringing the interpleader action.

32003–2003
Ex Parte Gardner green
texcrimapp · 1998
1 sentence

2022Id.

12022–2022
Bowen, Deborah green
texcrimapp · 2012
1 sentence

2021The court below then proceeded to conduct a “Bowen analysis”3 to see if the case should be remanded to the trial court for modification of the judgment to reflect 3 In Bowen v. State, 374 S.W.3d 427 , 431–32 (Tex. Crim.

12021–2021
Hardt v. Reliance Standard Life Insurance green
scotus · 2010
2 sentences

2014Co., 560 U.S. 242 , 130 S.Ct. 2149, 2158 , 176 L.Ed.2d 998 (2010)).

2014Co., 560 U.S. 242 , 130 S.Ct. 2149, 2158 , 176 L.Ed.2d 998 (2010)).

12014–2014
Galveston, Harrisburg & San Antonio Railway Co. v. Hertzig neutral
texapp · 1893
1 sentence

1933Co. v. Hertzig, 3 Tex. Civ.

11933–1933

Statutes the citing opinions construe

USC § 29u.s.c.1001-1461 (4) USC § 29u.s.c.1132 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 14 (1933–2022) GA 9 (1995–2025) CA 5 (1990–2025) FL 5 (1976–2000) KS 4 (2014–2017) VA 3 (1988–2021) AZ 3 (1967–2010) OH 3 (2018–2025) SC 2 (1993–2014) PA 2 (2019–2020)

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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