75 Texas opinions name it 4 courts 1972–2025 8 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 |
|---|---|---|
Hardin v. Stategreen2 sentences2015See Stine v. State, 300 S.W.3d 52, 59 (Tex. App.— Texarkana 2009, pet. ref'd) (citing Hardin v. State, 20 S.W.3d 84, 93 (Tex. App.— Texarkana 2000, pet. ref'd)). 2009Hardin v. State, 20 S.W.3d 84, 93 (Tex.App.-Texarkana 2000, pet. ref d). | 4 | 4 |
Georgia v. Randolphgreen2 sentences2013See Randolph, 547 U.S. at 112 , 126 S.Ct. 1515 . 2013See Randolph, 547 U.S. at 112 , 126 S.Ct. 1515 . | 2 | 2 |
Holland v. Floridagreen2 sentences2013See, e.g., Holland v. Florida, — U.S.-,-, 130 S.Ct. 2549, 2563 , 177 L.Ed.2d 130 (2010) (courts of equity must take account of “specific circumstances, often hard to predict in advance, [that] could warrant special treatment in an appropriate case”); Baggett v. Bullitt, 377 U.S. 360, 375 , 84 S.Ct. 1316 , 12 L.Ed.2d 377 (1964) (“exercise of a court’s equity powers ... must be made on a case-by-case basis”); Holmberg v. Armbrecht, 327 U.S. 392, 396 , 66 S.Ct. 582 , 90 L.Ed. 743 (1946) (“Equity eschews mechanical rules; it depends on flexibility”). 2013See, e.g., Holland v. Florida, — U.S.-,-, 130 S.Ct. 2549, 2563 , 177 L.Ed.2d 130 (2010) (courts of equity must take account of “specific circumstances, often hard to predict in advance, [that] could warrant special treatment in an appropriate case”); Baggett v. Bullitt, 377 U.S. 360, 375 , 84 S.Ct. 1316 , 12 L.Ed.2d 377 (1964) (“exercise of a court’s equity powers ... must be made on a case-by-case basis”); Holmberg v. Armbrecht, 327 U.S. 392, 396 , 66 S.Ct. 582 , 90 L.Ed. 743 (1946) (“Equity eschews mechanical rules; it depends on flexibility”). | 2 | 2 |
Holmberg v. Armbrechtgreen2 sentences2013See, e.g., Holland v. Florida, — U.S.-,-, 130 S.Ct. 2549, 2563 , 177 L.Ed.2d 130 (2010) (courts of equity must take account of “specific circumstances, often hard to predict in advance, [that] could warrant special treatment in an appropriate case”); Baggett v. Bullitt, 377 U.S. 360, 375 , 84 S.Ct. 1316 , 12 L.Ed.2d 377 (1964) (“exercise of a court’s equity powers ... must be made on a case-by-case basis”); Holmberg v. Armbrecht, 327 U.S. 392, 396 , 66 S.Ct. 582 , 90 L.Ed. 743 (1946) (“Equity eschews mechanical rules; it depends on flexibility”). 2013See, e.g., Holland v. Florida, — U.S.-,-, 130 S.Ct. 2549, 2563 , 177 L.Ed.2d 130 (2010) (courts of equity must take account of “specific circumstances, often hard to predict in advance, [that] could warrant special treatment in an appropriate case”); Baggett v. Bullitt, 377 U.S. 360, 375 , 84 S.Ct. 1316 , 12 L.Ed.2d 377 (1964) (“exercise of a court’s equity powers ... must be made on a case-by-case basis”); Holmberg v. Armbrecht, 327 U.S. 392, 396 , 66 S.Ct. 582 , 90 L.Ed. 743 (1946) (“Equity eschews mechanical rules; it depends on flexibility”). | 2 | 2 |
Baggett v. Bullittgreen2 sentences2013See, e.g., Holland v. Florida, — U.S.-,-, 130 S.Ct. 2549, 2563 , 177 L.Ed.2d 130 (2010) (courts of equity must take account of “specific circumstances, often hard to predict in advance, [that] could warrant special treatment in an appropriate case”); Baggett v. Bullitt, 377 U.S. 360, 375 , 84 S.Ct. 1316 , 12 L.Ed.2d 377 (1964) (“exercise of a court’s equity powers ... must be made on a case-by-case basis”); Holmberg v. Armbrecht, 327 U.S. 392, 396 , 66 S.Ct. 582 , 90 L.Ed. 743 (1946) (“Equity eschews mechanical rules; it depends on flexibility”). 2013See, e.g., Holland v. Florida, — U.S.-,-, 130 S.Ct. 2549, 2563 , 177 L.Ed.2d 130 (2010) (courts of equity must take account of “specific circumstances, often hard to predict in advance, [that] could warrant special treatment in an appropriate case”); Baggett v. Bullitt, 377 U.S. 360, 375 , 84 S.Ct. 1316 , 12 L.Ed.2d 377 (1964) (“exercise of a court’s equity powers ... must be made on a case-by-case basis”); Holmberg v. Armbrecht, 327 U.S. 392, 396 , 66 S.Ct. 582 , 90 L.Ed. 743 (1946) (“Equity eschews mechanical rules; it depends on flexibility”). | 2 | 2 |
Moki Mac River Expeditions v. Drugggreen2 sentences2007See Moki Mac, 221 S.W.3d at 575-76 ; see also Fielding, 415 F.3d at 425-26 (stating that Calder jurisdiction requires a case-by-case analysis of the publication’s purpose and impact and that, in addition to requiring that the story’s “effects” be felt in the forum, the defendant’s “aim” must be demonstrated by showing that the article’s subject matter, and the sources relied upon for the article, were in the forum state). 2007See Moki Mac , 221 S.W.3d at 575-76 ; see also Fielding , 415 F.3d at 425-26 (stating that Calder jurisdiction requires a case-by-case analysis of the publication’s purpose and impact and that, in addition to requiring that the story’s “effects” be felt in the forum, the defendant’s “aim” must be demonstrated by showing that the article’s subject matter, and the sources relied upon for the article, were in the forum state). | 2 | 2 |
Fielding v. Hubert Burda Media, Inc.green2 sentences2007See Moki Mac, 221 S.W.3d at 575-76 ; see also Fielding, 415 F.3d at 425-26 (stating that Calder jurisdiction requires a case-by-case analysis of the publication’s purpose and impact and that, in addition to requiring that the story’s “effects” be felt in the forum, the defendant’s “aim” must be demonstrated by showing that the article’s subject matter, and the sources relied upon for the article, were in the forum state). 2007See Moki Mac , 221 S.W.3d at 575-76 ; see also Fielding , 415 F.3d at 425-26 (stating that Calder jurisdiction requires a case-by-case analysis of the publication’s purpose and impact and that, in addition to requiring that the story’s “effects” be felt in the forum, the defendant’s “aim” must be demonstrated by showing that the article’s subject matter, and the sources relied upon for the article, were in the forum state). | 2 | 2 |
Bartholomew v. Stategreen2 sentences2006See Bartholomew v. State, 871 S.W.2d 210, 212 (Tex. Crim. 2006See Bartholomew v. State , 871 S.W.2d 210, 212 (Tex. Crim. | 2 | 2 |
Correa v. General Motors Corp.green2 sentences2004Correa v. GMC, 948 S.W.2d 515, 518 (Tex. App.-Corpus Christi 1997, no pet.). 2004Correa v. GMC, 948 S.W.2d 515, 518 (Tex.App.-Corpus Christi 1997, no pet.). | 2 | 2 |
BOARD OF LAW EXAMINERS OF STATE OF TEX. v. Allengreen2 sentences1998See id. 1998See id. | 2 | 2 |
Merlin James v. Stategreen1 sentence2023James v. State, 425 S.W.3d 492, 495 (Tex. App.—Houston [1st Dist.] 2012, pet. ref'd). | 1 | 1 |
In Re Jjl-P.green1 sentence2019The case-by-case inquiry begins with the shared intent of those entitled to fix the child’s residence at the latest time that their intent was shared, based on actions as well as declarations, and then requires a determination of whether the evidence “unequivocally points to the conclusion that the child has acclimatized to the new location and thus has acquired a new habitual residence, notwithstanding any conflict with the parents’ latest shared intent.” Id. (emphasis added) (quoting In re S.J.O.B.G., 292 S.W.3d 764, 779 (Tex. App.—Beaumont 2009, no pet.)); J.J.L.-P., 256 S.W.3d at 373 (“[T] | 1 | 1 |
| Pamela Herrington v. Waterstone Mortgage Corporatiogreen | 1 | 1 |
At&T Mobility LLC v. Concepciongreen2 sentences2019Corp., 907 F.3d 502, 510 (7th Cir. 2018). 67 Concepcion, 563 U.S. at 347. 68 Id. at 348. 69 Id. at 344. 70 DelWebb Cmtys., Inc. v. Carlson, 817 F.3d 867, 869 (4th Cir. 2016). 17 courts—not a procedural question presumptively for the arbitrator.71 The distinctions between bilateral and class arbitration implicate the principal characteristic of gateway issues—namely, the expectation that a judge would ordinarily decide arbitrability of such matters. 2019Corp., 907 F.3d 502, 510 (7th Cir. 2018). 67 Concepcion, 563 U.S. at 347. 68 Id. at 348. 69 Id. at 344. 70 DelWebb Cmtys., Inc. v. Carlson, 817 F.3d 867, 869 (4th Cir. 2016). 17 courts—not a procedural question presumptively for the arbitrator.71 The distinctions between bilateral and class arbitration implicate the principal characteristic of gateway issues—namely, the expectation that a judge would ordinarily decide arbitrability of such matters. | 1 | 1 |
in the Interest of S.H v. and P.J.V.C. Childrengreen1 sentence2019The case-by-case inquiry begins with the shared intent of those entitled to fix the child’s residence at the latest time that their intent was shared, based on actions as well as declarations, and then requires a determination of whether the evidence “unequivocally points to the conclusion that the child has acclimatized to the new location and thus has acquired a new habitual residence, notwithstanding any conflict with the parents’ latest shared intent.” Id. (emphasis added) (quoting In re S.J.O.B.G., 292 S.W.3d 764, 779 (Tex. App.—Beaumont 2009, no pet.)); J.J.L.-P., 256 S.W.3d at 373 (“[T] | 1 | 1 |
| Del Webb Communities, Inc. v. Roger Carlsongreen | 1 | 1 |
| In Re: The Application Of, Arnon Mozes v. Michal Mozesgreen | 1 | 1 |
| In Re SJOBGgreen | 1 | 1 |
Yossi Gitter, in the Matter of Eden Moshe Gitter: Infant Under the Age of 16 v. Miriam Gittergreen1 sentence2019That is, “[i]n relatively rare circumstances, . . . it is possible that the child’s acclimatization to the location abroad will be so complete that serious harm to the child can be expected to result from compelling his return to the family’s intended residence.” S.J.O.B.G., 292 S.W.3d at 780 (quoting Gitter v. Gitter, 396 F.3d 124, 134 (2d Cir. 2005)); see also Mozes v. Mozes, 239 F.3d 1067, 1075 (9th Cir. 2001) (explaining that the first step toward 10 acquiring a new habitual residence is forming a settled intention to abandon the one left behind). | 1 | 1 |
Aldine Independent School District v. Standleygreen1 sentence2019See id. | 1 | 1 |
| Perry v. Leekegreen | 1 | 1 |
| Geders v. United Statesgreen | 1 | 1 |
| In re Settlement Capital Corp.green | 1 | 1 |
| State of Texas v. Thomas, Jeremygreen | 1 | 1 |
| Stine v. Stategreen | 1 | 1 |
| Herrera v. Stategreen | 1 | 1 |
| Mickens v. Taylorgreen | 1 | 1 |
| Del Carmen Hernandez v. Stategreen | 1 | 1 |
| Abney, Rickey Dewaynegreen | 1 | 1 |
| Wade, Christopher Jamesgreen | 1 | 1 |
| Roberts v. Williamsongreen | 1 | 1 |
| Lopez v. Stategreen | 1 | 1 |
| Ex Parte Drakegreen | 1 | 1 |
| Ex Parte Emmonsgreen | 1 | 1 |
| Mosley v. Stategreen | 1 | 1 |
| Campbell v. Stategreen | 1 | 1 |
| Ellison v. Stategreen | 1 | 1 |
| Shell Oil Co. v. Iowa Department of Revenuegreen | 1 | 1 |
| Campbell County School District v. Stategreen | 1 | 1 |
| Seattle School District No. 1 v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
in Re Olshan Foundation Repair Company, LLC and Olshan Foundation Repair Company of Dallas, Ltd.green2 sentences2015But see Circuit City Stores, Inc. v. Adams, 279 F.3d Page 13 of 19 328 S.W.3d 883, *893 ; 2010 Tex. LEXIS 897 , **22 court, that inquiry requires ″a case-by-case analysis that focuses, among other things, upon [**23] the claimant’s ability to pay the arbitration fees and costs, the expected cost differential between arbitration and litigation in court, and whether that cost differential is so substantial as to deter the bringing of claims.″ Id. (quotations omitted). 2015But see Circuit City Stores, Inc. v. Adams, 279 F.3d Page 13 of 19 328 S.W.3d 883, *893 ; 2010 Tex. LEXIS 897 , **22 court, that inquiry requires ″a case-by-case analysis that focuses, among other things, upon [**23] the claimant’s ability to pay the arbitration fees and costs, the expected cost differential between arbitration and litigation in court, and whether that cost differential is so substantial as to deter the bringing of claims.″ Id. (quotations omitted). | 1 | 4 |
| Case | Cited | Years |
|---|---|---|
John Bruce Bradford v. Rockwell Semiconductor Systems, Incorporated
green
2 sentences2022This inquiry required “a case-by- case analysis that focuse[d], among other things, upon the claimant’s ability to pay the arbitration fees and costs, the expected cost differential between arbitration and litigation in court, and whether that cost differential is so substantial as to deter the bringing of claims.” Id. (quoting Bradford, 238 F.3d. at 556 ). 2022This inquiry required “a case-by- case analysis that focuse[d], among other things, upon the claimant’s ability to pay the arbitration fees and costs, the expected cost differential between arbitration and litigation in court, and whether that cost differential is so substantial as to deter the bringing of claims.” Id. (quoting Bradford, 238 F.3d. at 556 ). | 4 | 2010–2022 |
Apex Towing Co. v. Tolin
green
2 sentences2011Apex Towing, 41 S.W.3d at 122 . 2011Apex Towing, 41 S.W.3d at 122 . | 3 | 2011–2011 |
In Re the Commitment of Browning
green
2 sentences2007In In re Commitment of Browning, 113 S.W.3d 851 (Tex.App.-Austin 2003, pet. denied), the defendant claimed that the trial court erred in refusing to submit a question to the jury asking whether he had serious difficulty in controlling his behavior. 2005In In re: Commitment of Browning , 113 S.W.3d 851 (Tex. App.--Austin 2003, pet. denied), the defendant claimed that the trial court erred in refusing to submit a question to the jury asking whether he had serious difficulty in controlling his behavior. | 3 | 2005–2007 |
Lawrence v. State
green
2 sentences1996Id.; Daniels v. State, 754 S.W.2d 214 , (Tex.Crim.App.1988); Lawrence v. State, 700 S.W.2d 208 (Tex.Crim.App.1985). 1996Id.; Daniels v. State, 754 S.W.2d 214 , (Tex.Crim.App.1988); Lawrence v. State, 700 S.W.2d 208 (Tex.Crim.App.1985). | 3 | 1986–1996 |
Smith, Al Letroy
green
2 sentences2024Rather, courts should “engage in a case-by-case inquiry to determine whether equitable relief is warranted in light of the particular circumstances surrounding each case,” Perez, 398 S.W.3d at 216-17 , considering, “among other things, the length of applicant’s delay in requesting equitable relief, the reasons for the delay, and the degree and type of prejudice borne by the State resulting from applicant’s delay,” Smith, 444 S.W.3d at 666-67 . 2022Id. at 666-67 . | 2 | 2022–2024 |
Perez, Ex Parte Alberto Giron
green
2 sentences2024Rather, courts should “engage in a case-by-case inquiry to determine whether equitable relief is warranted in light of the particular circumstances surrounding each case,” Perez, 398 S.W.3d at 216-17 , considering, “among other things, the length of applicant’s delay in requesting equitable relief, the reasons for the delay, and the degree and type of prejudice borne by the State resulting from applicant’s delay,” Smith, 444 S.W.3d at 666-67 . 2021Id. at 216–17. | 2 | 2021–2024 |
Benson v. Wanda Petroleum Company
green
2 sentences2008Benson , 468 S.W.2d at 363 . 2008Benson, 468 S.W.2d at 363 . | 2 | 2008–2008 |
Atkinson Gas Co. v. Albrecht
green
2 sentences2005Id. 1997Id. | 2 | 1997–2005 |
Stephens v. State
green
2 sentences1982Stephens v. State, 509 S.W.2d 363 (Tex.Crim. 1979Stephens v. State, Tex.Cr.App., 509 S.W.2d 363 . | 2 | 1979–1982 |
United States v. Anthony Antone, Manuel Gispert, Larry Neil Miller, Frank Diecidue, A/K/A \The Under Boss
green
1 sentence2025Ultimately, rather than attempting to decide what role Juvenile Services typically plays in relation to gathering and controlling documents used to prepare social history reports, “a case-by- case analysis is better suited for determining whether an individual is deemed part of the prosecution team pursuant to the principles of agency law.” Avila, 560 F.3d at 308 (citing Antone, 603 F.2d at 570 ); cf. Harm v. State, 183 S.W.3d 403 , 407–08 (Tex. Crim. | 1 | 2025–2025 |
Harm v. State
green
1 sentence2025Ultimately, rather than attempting to decide what role Juvenile Services typically plays in relation to gathering and controlling documents used to prepare social history reports, “a case-by- case analysis is better suited for determining whether an individual is deemed part of the prosecution team pursuant to the principles of agency law.” Avila, 560 F.3d at 308 (citing Antone, 603 F.2d at 570 ); cf. Harm v. State, 183 S.W.3d 403 , 407–08 (Tex. Crim. | 1 | 2025–2025 |
Avila v. Quarterman
green
1 sentence2025Ultimately, rather than attempting to decide what role Juvenile Services typically plays in relation to gathering and controlling documents used to prepare social history reports, “a case-by- case analysis is better suited for determining whether an individual is deemed part of the prosecution team pursuant to the principles of agency law.” Avila, 560 F.3d at 308 (citing Antone, 603 F.2d at 570 ); cf. Harm v. State, 183 S.W.3d 403 , 407–08 (Tex. Crim. | 1 | 2025–2025 |
Lujan v. Navistar, Inc.
green
1 sentence2022Id. | 1 | 2022–2022 |
| Revco, D.S., Inc. v. Cooper green | 1 | 2018–2018 |
| Schmerber v. California green | 1 | 2015–2015 |
| Miranda v. Arizona green | 1 | 2015–2015 |
| United States v. Edwards green | 1 | 2015–2015 |
| EZ Pawn Corp. v. Mancias green | 1 | 2014–2014 |
| Missouri v. McNeely green | 1 | 2014–2014 |
| Smith v. State green | 1 | 2013–2013 |
| Benavides v. Chicago Title Insurance green | 1 | 2013–2013 |
| Vincent v. Voight green | 1 | 2005–2005 |
| Daniels v. State green | 1 | 1996–1996 |
| Magro v. Ragsdale Brothers, Inc. green | 1 | 1994–1994 |
| Cumbie v. State green | 1 | 1985–1985 |
| Gilbert v. Fireside Enterprises, Inc. green | 1 | 1985–1985 |
| Denham v. State green | 1 | 1979–1979 |
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.