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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.
| Case | Followed | Cited |
|---|---|---|
Texas Iron Workers' Pension Fund v. Trefgergreen2 sentences2003Gibbs, 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). | 3 | 3 |
Iron Workers Local v. Bowengreen2 sentences2003Gibbs, 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). | 1 | 4 |
Dunn v. Blumsteingreen2 sentences2005Blumstein , 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. | 1 | 2 |
Guidry v. National Freight, Inc.green1 sentence2019See Guidry v. Nat’l Freight, Inc., 944 S.W.2d 807, 812 (Tex. App.— Austin 1997, no writ). | 1 | 1 |
In Re Labatt Food Service, L.P.green1 sentence2017See In re Labatt Food Serv., L.P., 279 S.W.3d at 643 . | 1 | 1 |
Jabri v. Qadduragreen1 sentence2017See Jabri, 108 S.W.3d at 410-11 . | 1 | 1 |
State v. Mercadogreen2 sentences2014In 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. | 1 | 1 |
LifeCare Management Services LLC v. Insurance Management Administrators Inc.green2 sentences2014Adm’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. | 1 | 1 |
cluster 424759green2 sentences1993See 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). | 1 | 1 |
Heckler v. Chaneygreen2 sentences1993See 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). | 1 | 1 |
Phelps v. Stategreen2 sentences1984Id. at 436 (emphasis in original). 1984Id. at 436 (emphasis in original). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
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
2 sentences2003Gibbs, 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). | 3 | 2003–2003 |
Gorman v. Life Insurance Co. of North America
green
2 sentences2003Gorman, 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. | 3 | 2003–2003 |
Ex Parte Gardner
green
1 sentence2022Id. | 1 | 2022–2022 |
Bowen, Deborah
green
1 sentence2021The 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. | 1 | 2021–2021 |
Hardt v. Reliance Standard Life Insurance
green
2 sentences2014Co., 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)). | 1 | 2014–2014 |
Galveston, Harrisburg & San Antonio Railway Co. v. Hertzig
neutral
1 sentence1933Co. v. Hertzig, 3 Tex. Civ. | 1 | 1933–1933 |
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.
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.