fact-driven inquiry (Texas) · Go Syfert
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fact-driven inquiry in Texas

11 Texas opinions name it 2 courts 2009–2023 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.

Followed or applied (7)

CaseFollowedCited
Continental Dredging, Inc. v. De-Kaizered, Inc.green
texapp · 2003 · cited in 7 Texas opinions naming this issue, 2009–2015
2 sentences

2015Id. at 389 .

2010Id. at 389 .

27
Greenfield Energy, Inc. v. Dupreygreen
texapp · 2008 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015Appellants’ position, however, is contrary to well-established Texas law. “ ‘[Ajgency will not be presumed, and the party asserting the relationship has the burden of proving it.’ ” Greenfield Energy, Inc. v. Duprey, 252 S.W.3d 721, 733 (Tex.App. — Houston [14th Dist.] 2008, no pet.) (quoting Coleman v. Klockner & Co. AG, 180 S.W.3d 577 , 588 (Tex.App. — Houston [14th Dist.] 2005, no pet.)); see also Suzlon Energy Ltd. v. Trinity Structural Towers, Inc., 436 S.W.3d 835, 842 (Tex.App. — Dallas 2014, no pet.) (“ ‘Texas courts never presume an alleged agency relationship exists.’ ” (quoting Capit

2015Appellants’ position, however, is contrary to well-established Texas law. “‘[A]gency will not be presumed, and the party asserting the relationship has the burden of proving it.’” Greenfield Energy, Inc. v. Duprey, 252 S.W.3d 721, 733 (Tex. App.— Houston [14th Dist.] 2008, no pet.) (quoting Coleman v. Klockner & Co. AG, 180 S.W.3d 577 , 588 (Tex. App.—Houston [14th Dist.] 2005, no pet.)); see also Suzlon Energy Ltd. v. Trinity Structural Towers, Inc., 436 S.W.3d 835, 842 (Tex. App.—Dallas 2014, no pet.) (“‘Texas courts never presume an alleged agency relationship exists.’” (quoting Capital Fin

22
Capital Finance & Commerce AG v. Sinopec Overseas Oil & Gas, Ltd.green
texapp · 2008 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015Appellants’ position, however, is contrary to well-established Texas law. “ ‘[Ajgency will not be presumed, and the party asserting the relationship has the burden of proving it.’ ” Greenfield Energy, Inc. v. Duprey, 252 S.W.3d 721, 733 (Tex.App. — Houston [14th Dist.] 2008, no pet.) (quoting Coleman v. Klockner & Co. AG, 180 S.W.3d 577 , 588 (Tex.App. — Houston [14th Dist.] 2005, no pet.)); see also Suzlon Energy Ltd. v. Trinity Structural Towers, Inc., 436 S.W.3d 835, 842 (Tex.App. — Dallas 2014, no pet.) (“ ‘Texas courts never presume an alleged agency relationship exists.’ ” (quoting Capit

2015Appellants’ position, however, is contrary to well-established Texas law. “‘[A]gency will not be presumed, and the party asserting the relationship has the burden of proving it.’” Greenfield Energy, Inc. v. Duprey, 252 S.W.3d 721, 733 (Tex. App.— Houston [14th Dist.] 2008, no pet.) (quoting Coleman v. Klockner & Co. AG, 180 S.W.3d 577 , 588 (Tex. App.—Houston [14th Dist.] 2005, no pet.)); see also Suzlon Energy Ltd. v. Trinity Structural Towers, Inc., 436 S.W.3d 835, 842 (Tex. App.—Dallas 2014, no pet.) (“‘Texas courts never presume an alleged agency relationship exists.’” (quoting Capital Fin

22
Suzlon Energy Limited v. Trinity Structural Towers, Inc.green
texapp · 2014 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015Appellants’ position, however, is contrary to well-established Texas law. “ ‘[Ajgency will not be presumed, and the party asserting the relationship has the burden of proving it.’ ” Greenfield Energy, Inc. v. Duprey, 252 S.W.3d 721, 733 (Tex.App. — Houston [14th Dist.] 2008, no pet.) (quoting Coleman v. Klockner & Co. AG, 180 S.W.3d 577 , 588 (Tex.App. — Houston [14th Dist.] 2005, no pet.)); see also Suzlon Energy Ltd. v. Trinity Structural Towers, Inc., 436 S.W.3d 835, 842 (Tex.App. — Dallas 2014, no pet.) (“ ‘Texas courts never presume an alleged agency relationship exists.’ ” (quoting Capit

2015Appellants’ position, however, is contrary to well-established Texas law. “‘[A]gency will not be presumed, and the party asserting the relationship has the burden of proving it.’” Greenfield Energy, Inc. v. Duprey, 252 S.W.3d 721, 733 (Tex. App.— Houston [14th Dist.] 2008, no pet.) (quoting Coleman v. Klockner & Co. AG, 180 S.W.3d 577 , 588 (Tex. App.—Houston [14th Dist.] 2005, no pet.)); see also Suzlon Energy Ltd. v. Trinity Structural Towers, Inc., 436 S.W.3d 835, 842 (Tex. App.—Dallas 2014, no pet.) (“‘Texas courts never presume an alleged agency relationship exists.’” (quoting Capital Fin

22
Vera v. North Star Dodge Sales, Inc.green
texapp · 1999 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Appellants reason that the application of a fact-driven inquiry will thwart releases, prevent finality, and force parties to contemplate and specifically name each 3 See also Vera v. N. Star Dodge Sales, Inc., 989 S.W.2d 13, 18 (Tex. App.—San Antonio 1998, no pet.) (op. on reh’g) (holding that release encompassed, not only the plaintiff’s claims against the car dealership, but also its employees who were associated with the sale of the car); Winkler v. Kirkwood Atrium Office Park, 816 S.W.2d 111, 114 (Tex. App.—Houston [14th Dist.] 1991, writ denied) (op. on reh’g) (holding that a release, con

11
Winkler v. Kirkwood Atrium Office Parkgreen
texapp · 1991 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Appellants reason that the application of a fact-driven inquiry will thwart releases, prevent finality, and force parties to contemplate and specifically name each 3 See also Vera v. N. Star Dodge Sales, Inc., 989 S.W.2d 13, 18 (Tex. App.—San Antonio 1998, no pet.) (op. on reh’g) (holding that release encompassed, not only the plaintiff’s claims against the car dealership, but also its employees who were associated with the sale of the car); Winkler v. Kirkwood Atrium Office Park, 816 S.W.2d 111, 114 (Tex. App.—Houston [14th Dist.] 1991, writ denied) (op. on reh’g) (holding that a release, con

11
Lenz v. Lenzgreen
tex · 2002 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014See Lenz, 79 S.W.3d at 15–16; see also FAM. § 156.101(a).

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 (2)

CaseCitedYears
Coleman v. Klöckner & Co. AG green
texapp · 2005
2 sentences

2015Appellants’ position, however, is contrary to well-established Texas law. “ ‘[Ajgency will not be presumed, and the party asserting the relationship has the burden of proving it.’ ” Greenfield Energy, Inc. v. Duprey, 252 S.W.3d 721, 733 (Tex.App. — Houston [14th Dist.] 2008, no pet.) (quoting Coleman v. Klockner & Co. AG, 180 S.W.3d 577 , 588 (Tex.App. — Houston [14th Dist.] 2005, no pet.)); see also Suzlon Energy Ltd. v. Trinity Structural Towers, Inc., 436 S.W.3d 835, 842 (Tex.App. — Dallas 2014, no pet.) (“ ‘Texas courts never presume an alleged agency relationship exists.’ ” (quoting Capit

2015Appellants’ position, however, is contrary to well-established Texas law. “‘[A]gency will not be presumed, and the party asserting the relationship has the burden of proving it.’” Greenfield Energy, Inc. v. Duprey, 252 S.W.3d 721, 733 (Tex. App.— Houston [14th Dist.] 2008, no pet.) (quoting Coleman v. Klockner & Co. AG, 180 S.W.3d 577 , 588 (Tex. App.—Houston [14th Dist.] 2005, no pet.)); see also Suzlon Energy Ltd. v. Trinity Structural Towers, Inc., 436 S.W.3d 835, 842 (Tex. App.—Dallas 2014, no pet.) (“‘Texas courts never presume an alleged agency relationship exists.’” (quoting Capital Fin

22015–2015
Chen v. Major League Baseball Properties, Inc. green
ca2 · 2015
1 sentence

2023Chen, 798 F.3d at 83 .

12023–2023

Where else courts name it

CA 12 (1998–2026) TX 11 (2009–2023) MO 11 (2000–2024) TN 9 (2000–2015) NY 6 (2004–2024) PA 5 (2017–2020) OH 4 (2004–2025) IL 3 (2001–2012) WV 3 (2013–2021) KS 3 (2007–2021) MI 3 (2007–2008) SC 2 (2007–2019) AL 2 (2018–2018)

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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