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12 Texas opinions name it 1 courts 1982–2022 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 |
|---|---|---|
TransAmerican Natural Gas Corp. v. Powellgreen2 sentences2015The imposition of the death-penalty sanction is limited by constitutional due process and therefore, “ought to be the exception rather than the rule.” TransAmerican, 811 S.W.2d at 917, 919 . 2015“Discovery sanctions cannot be used to adjudicate the merits of a party’s claims or defenses unless a party’s hindrance of the discovery process justifies a presumption that its claims or defenses lack 22 merit.” Id. at 918 ; see Hammond Packing Co. v. State of Ark., 212 U.S. 322, 351 (1909) (“[T]he preservation of due process was secured by the presumption that the refusal to produce evidence material to the administration of due process was but an admission of the want of merit in the asserted defense.”). | 1 | 3 |
Hampden Corp. v. Remark, Inc.green2 sentences2022See Hampden Corp., 331 S.W.3d at 495 . 2022Id. | 1 | 2 |
Hammond Packing Co. v. Arkansasgreen2 sentences2015“Discovery sanctions cannot be used to adjudicate the merits of a party’s claims or defenses unless a party’s hindrance of the discovery process justifies a presumption that its claims or defenses lack 22 merit.” Id. at 918 ; see Hammond Packing Co. v. State of Ark., 212 U.S. 322, 351 (1909) (“[T]he preservation of due process was secured by the presumption that the refusal to produce evidence material to the administration of due process was but an admission of the want of merit in the asserted defense.”). 2015Rendition of default judgment as a discovery S.Ct. at 1094; Hammond Packing, 212 U.S. at 350-51 , 29 sanction ought to be the exception rather than the rule. | 1 | 2 |
Easley, Damian Demitriusgreen1 sentence2015See 424 S.W.3d at 541 . | 1 | 1 |
Richard Gladden, Cross-Appellee v. Randy W. Roach (Officer), and City of Denton, Cross-Appellantgreen1 sentence2014See Gladden v. Roach, 864 F.2d 1196, 1198 (5th Cir. 1989) (noting that biographical question could be interrogation if identity was element of offense). 10 to the United States. | 1 | 1 |
Lilly v. Stategreen1 sentence2014See id. | 1 | 1 |
Spence & Howe Construction Co. v. Gulf Oil Corp.green1 sentence1982Spence & Howe Construction Co. v. Gulf Oil Corp., 365 S.W.2d 631, 633 (Tex. 1963). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lassiter v. Shavor
green
1 sentence1995Ultimate penalties, such as exclusion of essential evidence, striking pleadings, dismissal, and default, should be “the exception rather than the rule.” Lassiter, 824 S.W.2d at 670 . | 1 | 1995–1995 |
F.N. Fausing Trading ApS v. Estate of Barbouti
green
2 sentences1995Id. at 316-17 . 1995Id. at 316-17 . | 1 | 1995–1995 |
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.