guise privilege (Texas) · Go Syfert
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guise privilege in Texas

10 Texas opinions name it 3 courts 1983–2026 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.

Followed or applied (10)

CaseFollowedCited
Pittsburgh Corning Corp. v. Caldwellgreen
texapp · 1993 · cited in 2 Texas opinions naming this issue, 2026–2026
2 sentences

2026Dist. v. Cornyn, 25 S.W.3d 328 , 334 n.12 (Tex. App.—Austin 2000, pet. denied) (“It is inconceivable that an attorney could give sound legal advice on a client’s case if he or she did not include an application of the law or opinion to the specific facts of the case.” (quoting Pittsburgh Corning Corp. v. Caldwell, 861 S.W.2d 423, 425 (Tex. App.—Houston [14th Dist.] 1993, no writ))); Pittsburgh Corning, 861 S.W.2d at 425 (noting that “the relevant facts of a case may not be hidden under the guise of privilege” but that “those facts are discoverable through other proper means of discovery, witho

2026Dist. v. Cornyn, 25 S.W.3d 328 , 334 n.12 (Tex. App.—Austin 2000, pet. denied) (“It is inconceivable that an attorney could give sound legal advice on a client’s case if he or she did not include an application of the law or opinion to the specific facts of the case.” (quoting Pittsburgh Corning Corp. v. Caldwell, 861 S.W.2d 423, 425 (Tex. App.—Houston [14th Dist.] 1993, no writ))); Pittsburgh Corning, 861 S.W.2d at 425 (noting that “the relevant facts of a case may not be hidden under the guise of privilege” but that “those facts are discoverable through other proper means of discovery, witho

22
Heyker v. McLaughlingreen
kyctapp · 1899 · cited in 2 Texas opinions naming this issue, 1983–1983
2 sentences

1983Accord, Heyker v. Herbst, 50 S.W. 859 , 860 (Ky. 1899).

1983Accord, Heyker v. Herbst, 50 S.W. 859, 860 (Ky. 1899).

22
Moff v. Stategreen
texcrimapp · 2004 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017See id. at 490-92 .

11
Rosa v. Lawrence & Memorial Hospitalgreen
connappct · 2013 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Tex. 2005) (noting distinction between federal and Texas approaches when federal procedure governed admissibility of expert testimony but Texas state law governed substantive sufficiency of evidence review); see also, e.g., Friedrich v. Fetterman & Assocs., P.A., 137 So. 3d 362, 366-67 (Fla. 2013) (reinstating trial court’s judgment in favor of defendant when plaintiff’s expert testified that defendant would have discovered defect in chair in reasonable inspection, even though expert testified that reasonable interval for inspection was every six months but failed to provide basis for concludi

11
Acker v. Texas Water Commissiongreen
tex · 1990 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Acker, 790 S.W.2d at 301 (holding officials cannot be allowed to meet and deliberate privately about contested proceedings without eviscerating TOMA).

11
C.B. Fleet Company, Incorporated, a Virginia Corporation v. Smithkline Beecham Consumer Healthcare, L.P., a Delaware Limited Partnershipgreen
ca4 · 1997 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Fleet Co. v. SmithKline Beecham Consumer Healthcare, L.P., 131 F.3d 430, 437 (4th Cir. 1997) (rejecting party’s argument that it could challenge the sufficiency of expert testimony to support finding in the absence of an admissibility objection and stating that a Daubert review ″cannot be done under the guise of a challenge to the substantive sufficiency of the evidence″); Cano v. Everest Minerals Corp., 362 F. Supp. 2d 814, 821 (W.D.

11
Cano v. Everest Minerals Corp.green
txwd · 2005 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Fleet Co. v. SmithKline Beecham Consumer Healthcare, L.P., 131 F.3d 430, 437 (4th Cir. 1997) (rejecting party’s argument that it could challenge the sufficiency of expert testimony to support finding in the absence of an admissibility objection and stating that a Daubert review ″cannot be done under the guise of a challenge to the substantive sufficiency of the evidence″); Cano v. Everest Minerals Corp., 362 F. Supp. 2d 814, 821 (W.D.

11
Friedrich v. Fetterman & Associates, P.A.green
fla · 2013 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Tex. 2005) (noting distinction between federal and Texas approaches when federal procedure governed admissibility of expert testimony but Texas state law governed substantive sufficiency of evidence review); see also, e.g., Friedrich v. Fetterman & Assocs., P.A., 137 So. 3d 362, 366-67 (Fla. 2013) (reinstating trial court’s judgment in favor of defendant when plaintiff’s expert testified that defendant would have discovered defect in chair in reasonable inspection, even though expert testified that reasonable interval for inspection was every six months but failed to provide basis for concludi

11
Hughes v. Stategreen
texcrimapp · 1999 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See id.

11
Rice v. Pinneygreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2009–2009
1 sentence

2009A forcible detainer action, which is a special proceeding governed by particular statutes and rules, "was created to provide a speedy, simple, and inexpensive means for resolving the question of the right to possession of premises." Rice v. Pinney , 51 S.W.3d 705, 709 (Tex. App.-Dallas 2001, no pet.); see Tex. Prop.

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
Harlandale Independent School District v. Cornyn green
texapp · 2000
2 sentences

2026Dist. v. Cornyn, 25 S.W.3d 328 , 334 n.12 (Tex. App.— Austin 2000, pet. denied) (“It is inconceivable that an attorney could give sound legal advice on a client’s case if he or she did not include an application of the law or opinion to the specific facts of the case.” (quoting Pittsburgh Corning Corp. v. Caldwell, 861 S.W.2d 423, 425 (Tex. App.— 27 Houston [14th Dist.] 1993, no writ))); Pittsburgh Corning, 861 S.W.2d at 425 (noting that “the relevant facts of a case may not be hidden under the guise of privilege” but that “those facts are discoverable through other proper means of discovery,

2026Dist. v. Cornyn, 25 S.W.3d 328 , 334 n.12 (Tex. App.—Austin 2000, pet. denied) (“It is inconceivable that an attorney could give sound legal advice on a client’s case if he or she did not include an application of the law or opinion to the specific facts of the case.” (quoting Pittsburgh Corning Corp. v. Caldwell, 861 S.W.2d 423, 425 (Tex. App.—Houston [14th Dist.] 1993, no writ))); Pittsburgh Corning, 861 S.W.2d at 425 (noting that “the relevant facts of a case may not be hidden under the guise of privilege” but that “those facts are discoverable through other proper means of discovery, witho

22026–2026
Heiner v. Donnan green
scotus · 1932
2 sentences

2015This court has held more than once that a statute creating a presumption which operates to deny a fair opportunity to rebut it violates the due process clause of the Fourteenth Amendment," Id., at 329 . [emphasis added] "If a legislative body is without power to enact as a rule of evidence a statute denying a litigant the right to prove the facts of his case, certainly the power cannot be made to emerge by putting the enactment in the guise of a rule of substantive law," Id., at 329 .

2015This court has held more than once that a statute creating a presumption which operates to deny a fair opportunity to rebut it violates the due process clause of the Fourteenth Amendment," Id., at 329 . [emphasis added] "If a legislative body is without power to enact as a rule of evidence a statute denying a litigant the right to prove the facts of his case, certainly the power cannot be made to emerge by putting the enactment in the guise of a rule of substantive law," Id., at 329 .

12015–2015

Where else courts name it

CA 30 (1943–2020) TX 10 (1983–2026) OK 8 (1974–1996) MS 8 (1963–2013) NJ 7 (1955–1999) WY 7 (1974–2019) NY 7 (1915–2026) MI 6 (1894–2015) MO 6 (1929–2025) IL 5 (1999–2024) AR 5 (1985–2022) FL 3 (1970–2017) IN 3 (1994–2019) PA 3 (1914–1991) GA 3 (1943–2023) OH 2 (1929–2021) CT 2 (2009–2009) MN 2 (1915–2004) UT 2 (1950–2022) DC 2 (1999–1999) DE 2 (1975–2022)

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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