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11 Texas opinions name it 3 courts 1914–2017 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 |
|---|---|---|
Dorman v. Swift and Co.green2 sentences2016The court of appeals cited three cases from other jurisdictions it found factually analogous. 415 S.W.3d at 35 (citing Stone v. United Eng’g, a Div. of Wean, Inc., 197 W.Va. 347 , 475 S.E.2d 439, 443-44 (1996) (holding former plant owner liable for its negligent design of conveyor belt); Dorman v. Swift & Co., 162 Ariz. 228 , 782 P.2d 704, 706-08 (1989) (holding former plant owner liable for-negligent design of conveyor belt); and Carroll v. Dairy Farmers of Am., Inc., No. 2-04-24, 2005 WL 405719 , at *6 (Ohio Ct.App. 2016The court of appeals cited three cases from other jurisdictions it found factually analogous. 415 S.W.3d at 35 (citing Stone v. United Eng’g, a Div. of Wean, Inc., 197 W.Va. 347 , 475 S.E.2d 439, 443-44 (1996) (holding former plant owner liable for its negligent design of conveyor belt); Dorman v. Swift & Co., 162 Ariz. 228 , 782 P.2d 704, 706-08 (1989) (holding former plant owner liable for-negligent design of conveyor belt); and Carroll v. Dairy Farmers of Am., Inc., No. 2-04-24, 2005 WL 405719 , at *6 (Ohio Ct.App. | 1 | 1 |
Stone v. UNITED ENGIN., a DIV. OF WEANgreen1 sentence2016The court of appeals cited three cases from other jurisdictions it found factually analogous. 415 S.W.3d at 35 (citing Stone v. United Eng’g, a Div. of Wean, Inc., 197 W.Va. 347 , 475 S.E.2d 439, 443-44 (1996) (holding former plant owner liable for its negligent design of conveyor belt); Dorman v. Swift & Co., 162 Ariz. 228 , 782 P.2d 704, 706-08 (1989) (holding former plant owner liable for-negligent design of conveyor belt); and Carroll v. Dairy Farmers of Am., Inc., No. 2-04-24, 2005 WL 405719 , at *6 (Ohio Ct.App. | 1 | 1 |
Texas Department of Public Safety v. Cox Texas Newspapers, L.P.green1 sentence2015Id. at 119 (“To the extent DPS can show . . . that revelation substantially threatens harm—as it has with respect to the number of guards protecting the governor—then the information at issue may be withheld.” (emphasis added)). | 1 | 1 |
William Fitzmaurice, Dorothy Fitzmaurice, Gregory Brumbaugh and Karen McClure v. Harvella Jonesgreen1 sentence2015The privilege that protects the parties and their lawyers from being sued for statements made in judicial proceedings is broadly interpreted, and it includes all “communications that bear some relationship to pending or proposed litigation and further the representation.” Fitzmaurice v. Jones, 417 S.W.3d 627, 633 (Tex. App.—Houston [14th Dist.] 2013, no pet.); see also Bell v. Lee, 49 S.W.3d 8, 11 (Tex. App.—San Antonio 2001, no pet.) (holding that privilege attaches if statement has some relationship to contemplated proceeding regardless of whether it actually furthers representation). | 1 | 1 |
Deshong v. Stategreen1 sentence2015The Court indicated the only factors linking the Appellant to the contraband were that he "was the driver and purported owner of the vehicle in which the syringe was found in a location that would have been conveniently accessible to both Tate and [the passenger]" 22 The State contends two additional factors support the Appellant's conviction: (1) the Appellant previously served four years for possession of a controlled substance; and (2) he invited people into 19 Poindexter v. State, 153 S.W.3d 402, 405-06 (Tex.Crim.App.2005). 20 Deshong v. State, 625 S.W.2d 327, 329 (Tex.Crim.App.1981). 21 J | 1 | 1 |
Poindexter v. Stategreen1 sentence2015The Court indicated the only factors linking the Appellant to the contraband were that he "was the driver and purported owner of the vehicle in which the syringe was found in a location that would have been conveniently accessible to both Tate and [the passenger]" 22 The State contends two additional factors support the Appellant's conviction: (1) the Appellant previously served four years for possession of a controlled substance; and (2) he invited people into 19 Poindexter v. State, 153 S.W.3d 402, 405-06 (Tex.Crim.App.2005). 20 Deshong v. State, 625 S.W.2d 327, 329 (Tex.Crim.App.1981). 21 J | 1 | 1 |
James v. Browngreen2 sentences2015In James v. Brown, 637 S.W.2d 914, 916 (Tex. 1982), the Texas Supreme Court stated that “[c]ommunications in the due course of a judicial proceeding will 6 not serve as the basis of a civil action for libel or slander, regardless of the negligence or malice with which they are made.” The Court indicated that the privilege “extends to any statement made by the judge, jurors, counsel, parties or witnesses, and attaches to all aspects of the proceedings, including statements made in open court, pre-trial hearings, depositions, affidavits and any of the pleadings or other papers in the case.” Id. 2015In James v. Brown, 637 S.W.2d 914, 916 (Tex. 1982), the Texas Supreme Court stated that “[c]ommunications in the due course of a judicial proceeding will 6 not serve as the basis of a civil action for libel or slander, regardless of the negligence or malice with which they are made.” The Court indicated that the privilege “extends to any statement made by the judge, jurors, counsel, parties or witnesses, and attaches to all aspects of the proceedings, including statements made in open court, pre-trial hearings, depositions, affidavits and any of the pleadings or other papers in the case.” Id. | 1 | 1 |
Johnson v. Stategreen1 sentence2015The Court indicated the only factors linking the Appellant to the contraband were that he "was the driver and purported owner of the vehicle in which the syringe was found in a location that would have been conveniently accessible to both Tate and [the passenger]" 22 The State contends two additional factors support the Appellant's conviction: (1) the Appellant previously served four years for possession of a controlled substance; and (2) he invited people into 19 Poindexter v. State, 153 S.W.3d 402, 405-06 (Tex.Crim.App.2005). 20 Deshong v. State, 625 S.W.2d 327, 329 (Tex.Crim.App.1981). 21 J | 1 | 1 |
Bell v. Leegreen1 sentence2015The privilege that protects the parties and their lawyers from being sued for statements made in judicial proceedings is broadly interpreted, and it includes all “communications that bear some relationship to pending or proposed litigation and further the representation.” Fitzmaurice v. Jones, 417 S.W.3d 627, 633 (Tex. App.—Houston [14th Dist.] 2013, no pet.); see also Bell v. Lee, 49 S.W.3d 8, 11 (Tex. App.—San Antonio 2001, no pet.) (holding that privilege attaches if statement has some relationship to contemplated proceeding regardless of whether it actually furthers representation). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Von Moltke v. Gillies
green
2 sentences2000There, the court indicated that a waiver of the right to counsel must be made by the defendant with an apprehension of the nature of the offense, range of punishment, and "possible defenses to the charges and circumstances in mitigation thereof." Von Moltke , 332 U.S. at 723 . 2000There, the court indicated that a waiver of the right to counsel must be made by the defendant with an apprehension of the nature of the offense, range of punishment, and “possible defenses to the charges and circumstances in mitigation thereof.” Von Moltke, 332 U. S. at 723 . | 2 | 2000–2000 |
State v. Moore
green
1 sentence2017This Court indicated that the rule’s “limitation on filing an amendment to a timely filed original motion for new trial affects neither the jurisdiction nor the authority of the trial court.” Moore, 225 S.W.3d at 568 . | 1 | 2017–2017 |
Jason Jenkins v. Occidental Chemical Corporation
green
2 sentences2016The court indicated that the exception does not necessarily apply to "former home owners” who create “a dangerous condition through their design or construction work” but only to “an industrial plant owner who employed design professionals.” 415 S.W.3d at 35 n. 27. . 2016The court of appeals cited three cases from other jurisdictions it found factually analogous. 415 S.W.3d at 35 (citing Stone v. United Eng’g, a Div. of Wean, Inc., 197 W.Va. 347 , 475 S.E.2d 439, 443-44 (1996) (holding former plant owner liable for its negligent design of conveyor belt); Dorman v. Swift & Co., 162 Ariz. 228 , 782 P.2d 704, 706-08 (1989) (holding former plant owner liable for-negligent design of conveyor belt); and Carroll v. Dairy Farmers of Am., Inc., No. 2-04-24, 2005 WL 405719 , at *6 (Ohio Ct.App. | 1 | 2016–2016 |
Stone v. United Engineering, A Division of Wean, Inc.
green
1 sentence2016The court of appeals cited three cases from other jurisdictions it found factually analogous. 415 S.W.3d at 35 (citing Stone v. United Eng’g, a Div. of Wean, Inc., 197 W.Va. 347 , 475 S.E.2d 439, 443-44 (1996) (holding former plant owner liable for its negligent design of conveyor belt); Dorman v. Swift & Co., 162 Ariz. 228 , 782 P.2d 704, 706-08 (1989) (holding former plant owner liable for-negligent design of conveyor belt); and Carroll v. Dairy Farmers of Am., Inc., No. 2-04-24, 2005 WL 405719 , at *6 (Ohio Ct.App. | 1 | 2016–2016 |
Dallas Carl Tate v. State
green
1 sentence2015The Court indicated the only factors linking the Appellant to the contraband were that he "was the driver and purported owner of the vehicle in which the syringe was found in a location that would have been conveniently accessible to both Tate and [the passenger]" 22 The State contends two additional factors support the Appellant's conviction: (1) the Appellant previously served four years for possession of a controlled substance; and (2) he invited people into 19 Poindexter v. State, 153 S.W.3d 402, 405-06 (Tex.Crim.App.2005). 20 Deshong v. State, 625 S.W.2d 327, 329 (Tex.Crim.App.1981). 21 J | 1 | 2015–2015 |
Hickman v. Taylor
green
2 sentences1993The Court indicated that the privilege could be overcome as to factual information otherwise unavailable to the opposing party, but not as to the attorney’s “mental impressions.” Id. at 512 , 67 S.Ct. at 394 . 1993The Court indicated that the privilege could be overcome as to factual information otherwise unavailable to the opposing party, but not as to the attorney’s “mental impressions.” Id. at 512 , 67 S.Ct. at 394 . | 1 | 1993–1993 |
Cox v. Crow
neutral
1 sentence1980In Cox v. Crow, 336 F.Supp. 761 (N.D. | 1 | 1980–1980 |
cluster 303141
green
2 sentences1980In Gurley v. Lindsley, 459 F.2d 268 (5th Cir. 1972), the Court indicated that the rule does not apply where the action is essentially an equitable one involving land and sound judicial administration requires the allowance of the suit. 1980In Gurley v. Lindsley, 459 F.2d 268 (5th Cir. 1972), the Court indicated that the rule does not apply where the action is essentially an equitable one involving land and sound judicial administration requires the allowance of the suit. | 1 | 1980–1980 |
Terrell v. Crane
neutral
1 sentence1980In Terrell v. Crane, 55 Tex. 81 (1881), the Court indicated that the rule does not apply where title has directly vested into the administrator, as where made payable to him, or where judgment has been previously recovered in his name. | 1 | 1980–1980 |
J. M. Radford Grocery Co. v. City of Abilene
neutral
1 sentence1946It is true that such a claimed right may — by prescription — so ripen into a street easement in favor of the general public as will authorize the city, as its duly empowered governmental authority, to require that it be kept open, under such authorities as these, among others, the city has cited and herein relied upon: Preamble to, and Section 18, of Art. 1175, Vernon’s Texas Civil Statutes; Section 4, Article II, of the Charter of the City of Houston; Dozier v. City, Tex.Civ.App., 253 S.W. 554 , writ of error dismissed; Radford Grocery Co. v. City, Tex.Civ.App., 20 S.W.2d 255 , affirmed Tex. | 1 | 1946–1946 |
City of Dublin v. Barrett
green
1 sentence1946It is true that such a claimed right may — by prescription — so ripen into a street easement in favor of the general public as will authorize the city, as its duly empowered governmental authority, to require that it be kept open, under such authorities as these, among others, the city has cited and herein relied upon: Preamble to, and Section 18, of Art. 1175, Vernon’s Texas Civil Statutes; Section 4, Article II, of the Charter of the City of Houston; Dozier v. City, Tex.Civ.App., 253 S.W. 554 , writ of error dismissed; Radford Grocery Co. v. City, Tex.Civ.App., 20 S.W.2d 255 , affirmed Tex. | 1 | 1946–1946 |
Dozier v. City of Austin
green
1 sentence1946It is true that such a claimed right may — by prescription — so ripen into a street easement in favor of the general public as will authorize the city, as its duly empowered governmental authority, to require that it be kept open, under such authorities as these, among others, the city has cited and herein relied upon: Preamble to, and Section 18, of Art. 1175, Vernon’s Texas Civil Statutes; Section 4, Article II, of the Charter of the City of Houston; Dozier v. City, Tex.Civ.App., 253 S.W. 554 , writ of error dismissed; Radford Grocery Co. v. City, Tex.Civ.App., 20 S.W.2d 255 , affirmed Tex. | 1 | 1946–1946 |
J. M. Radford Grocery Co. v. City of Abilene
green
1 sentence1946It is true that such a claimed right may — by prescription — so ripen into a street easement in favor of the general public as will authorize the city, as its duly empowered governmental authority, to require that it be kept open, under such authorities as these, among others, the city has cited and herein relied upon: Preamble to, and Section 18, of Art. 1175, Vernon’s Texas Civil Statutes; Section 4, Article II, of the Charter of the City of Houston; Dozier v. City, Tex.Civ.App., 253 S.W. 554 , writ of error dismissed; Radford Grocery Co. v. City, Tex.Civ.App., 20 S.W.2d 255 , affirmed Tex. | 1 | 1946–1946 |
American Freehold Land Mortgage Co. of London v. Pace
neutral
1 sentence1914We are inclined to follow the rule, as laid down by Judge Eisher in the cases of Mortgage Co. v: Pace, 23 Tex. Civ. | 1 | 1914–1914 |
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.