68 Texas opinions name it 5 courts 1996–2026 14 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 |
|---|---|---|
Fraud-Tech, Inc. v. Choicepoint, Inc.green2 sentences2015Phillips v. Carlton Energy Grp., LLC, — S.W.3d -, -, 58 Tex. Sup. Ct. J. 803 , 2015 WL 2148951, at *9 (May 8, 2015); Holt Atherton Indus., Inc. v. Heine, 835 S.W.2d 80, 84 (Tex.1992); Fraud-Tech, Inc. v. Choicepoint, Inc., 102 S.W.3d 366, 381 (Tex.App.-Fort Worth 2003, pet. denied). 2015Phillips v. Carlton Energy Grp., LLC, 58 Tex. Sup. Ct. J. 803 , 2015 WL 2148951, at *9 (May 8, 2015); Holt Atherton Indus., Inc. v. Heine, 835 S.W.2d 80, 84 (Tex. 1992); Fraud-Tech, Inc. v. Choicepoint, Inc., 102 S.W.3d 366, 381 (Tex. App.— Fort Worth 2003, pet. denied). | 3 | 3 |
Holt Atherton Industries, Inc. v. Heinegreen2 sentences2015Phillips v. Carlton Energy Grp., LLC, — S.W.3d -, -, 58 Tex. Sup. Ct. J. 803 , 2015 WL 2148951, at *9 (May 8, 2015); Holt Atherton Indus., Inc. v. Heine, 835 S.W.2d 80, 84 (Tex.1992); Fraud-Tech, Inc. v. Choicepoint, Inc., 102 S.W.3d 366, 381 (Tex.App.-Fort Worth 2003, pet. denied). 2015Phillips v. Carlton Energy Grp., LLC, 58 Tex. Sup. Ct. J. 803 , 2015 WL 2148951, at *9 (May 8, 2015); Holt Atherton Indus., Inc. v. Heine, 835 S.W.2d 80, 84 (Tex. 1992); Fraud-Tech, Inc. v. Choicepoint, Inc., 102 S.W.3d 366, 381 (Tex. App.— Fort Worth 2003, pet. denied). | 3 | 3 |
Sapone v. Grand Targhee, Inc.green2 sentences2003See Sapone, 308 F.3d at 1103-05 . 2003See Sapone, 308 F.3d at 1103-05 . | 3 | 3 |
Phillips v. Carlton Energy Group, LLCgreen2 sentences2015Phillips v. Carlton Energy Grp., LLC, — S.W.3d -, -, 58 Tex. Sup. Ct. J. 803 , 2015 WL 2148951, at *9 (May 8, 2015); Holt Atherton Indus., Inc. v. Heine, 835 S.W.2d 80, 84 (Tex.1992); Fraud-Tech, Inc. v. Choicepoint, Inc., 102 S.W.3d 366, 381 (Tex.App.-Fort Worth 2003, pet. denied). 2015Phillips v. Carlton Energy Grp., LLC, 58 Tex. Sup. Ct. J. 803 , 2015 WL 2148951, at *9 (May 8, 2015); Holt Atherton Indus., Inc. v. Heine, 835 S.W.2d 80, 84 (Tex. 1992); Fraud-Tech, Inc. v. Choicepoint, Inc., 102 S.W.3d 366, 381 (Tex. App.— Fort Worth 2003, pet. denied). | 2 | 2 |
Kothe v. Stategreen2 sentences2011Kothe v. State , 152 S.W.3d 54, 62 (Tex. Crim. 2011Kothe v. State, 152 S.W.3d 54, 62 (Tex. Crim. | 2 | 2 |
Texas Instruments, Inc. v. Teletron Energy Management, Inc.green2 sentences2009Texas Instruments v. Teletron Energy Management , 877 S.W.2d 276, 278-80 (Tex. 1994); Capital Metro. 2009Texas Instruments v. Teletron Energy Management, 877 S.W.2d 276, 278-80 (Tex. 1994); Capital Metro. | 2 | 2 |
Allapattah Services, Inc. v. Exxon Corp.green2 sentences2003See Allapattah Servs., Inc. v. Exxon Corp., 61 F.Supp.2d 1308, 1324 (S.D.Fl.1999) (holding that the parties’ intentions in setting an open price term and the reasonableness of an open price term are questions for the trier of fact). 2003See Allapattah Servs., Inc. v. Exxon Corp. , 61 F. Supp. 2d 1308, 1324 (S.D. | 2 | 2 |
Seabright Insurance Company v. Maximina Lopez, Beneficiary of Candelario Lopezgreen2 sentences2024We generally employ “a fact-intensive analysis to determine whether an employee’s travel originated in the employer’s business, focusing on the nature of the employee’s job, the circumstances of the travel, and any other relevant facts.” Lopez, 465 S.W.3d at 642 . 2016“Courts have generally employed a fact-intensive analysis to determine whether an employee’s travel originated in the employer’s business, focusing on the nature of the employee’s job, the circumstances of the travel, and any other relevant facts.” Id. at 642-43 . | 1 | 7 |
Lifecare Intl. v. CD Medical, Inc.green2 sentences2024Grp., 79 S.W.3d at 34 (quoting with approval Lifecare Int’l, Inc. v. CD Med., Inc., 68 F.3d 429 , 435 (11th Cir.1995)). 2011This is one area of the law which is highly dependent on the unique factual settings of each particular case.” Bossley, 79 S.W.3d at 34 (quoting Lifecare Int'l Inc. v. CD Med., Inc., 68 F.3d 429, 435 (11th Cir.1995)). | 1 | 3 |
Henson, Kevin Raygreen1 sentence2026See Henson, 407 S.W.3d at 22 769 (characterizing prejudice as fact intensive and stating it may not be readily apparent without factual development in trial court). | 1 | 1 |
Turner v. Perrygreen1 sentence2025Turner v. Perry, 278 S.W.3d 806, 812 (Tex. App.—Houston [14th Dist.] 2009, pet. denied). | 1 | 1 |
First Interstate Bank of Texas, N.A. v. S.B.F.I., Inc.green1 sentence2024Owners’ Ass’n, No. 05-17-01096-CV, 2019 WL 2211479 , at *9 (Tex. App.—Dallas May 21, 2019, pet. denied) (mem. op.); First Interstate Bank of Tex., N.A. v. S.B.F.I., Inc., 830 S.W.2d 239, 248 (Tex. App.— Dallas 1992, no pet.). | 1 | 1 |
Big Rock Investors Association v. Big Rock Petroleum, Inc. and J.A. McEntire, IIIgreen1 sentence2024See, e.g., Big Rock Investors Ass’n, 409 S.W.3d at 851 (collecting cases recognizing that when claims can be proven by evidence from representative injured members, participation of those individual members does not defeat associational standing). | 1 | 1 |
Leordeanu v. American Protection Insurance Co.green1 sentence2024Even if the origination and furtherance elements are met, transportation to and from work is excluded from course and scope unless it meets one of the three exceptions to Subsection (A), often called the “coming and going rule.” Leordeanu, 330 S.W.3d at 242, 244 . | 1 | 1 |
Couthren v. Stategreen1 sentence2024Couthren v. State, 571 S.W.3d 786, 793 (Tex. Crim. | 1 | 1 |
OEP Holdings, LLC. v. Mohammad Akhondigreen1 sentence2023See OEP Holdings, LLC v. Akhondi, 570 S.W.3d 774, 778 (Tex. App.—El Paso 2018, pet. denied) (“Differentiating transportation workers from those who only incidentally aid in the transport of goods is a fact intensive inquiry.”). | 1 | 1 |
Pearce v. Crossgreen1 sentence2023This is a fact-intensive inquiry, and courts generally consider the following factors: • the circumstances surrounding execution of the instrument; • the relationship between the grantor and the grantee; • the motive, character, and conduct of the persons benefitted by the instrument; • the participation by the beneficiary in the preparation or execution of the instrument; • the words and acts of the parties; • the interest in and opportunity for the exercise of undue influence; • the physical and mental condition of the grantor at the time of the instrument’s execution, including the extent t | 1 | 1 |
Guthrie v. Suitergreen1 sentence2023This is a fact-intensive inquiry, and courts generally consider the following factors: • the circumstances surrounding execution of the instrument; • the relationship between the grantor and the grantee; • the motive, character, and conduct of the persons benefitted by the instrument; • the participation by the beneficiary in the preparation or execution of the instrument; • the words and acts of the parties; • the interest in and opportunity for the exercise of undue influence; • the physical and mental condition of the grantor at the time of the instrument’s execution, including the extent t | 1 | 1 |
| Tanglewood Homes Ass'n, Inc. v. Henkegreen | 1 | 1 |
| Zent v. Murrowgreen | 1 | 1 |
| Vinson v. Stategreen | 1 | 1 |
| Jacobs Engineering Group, Inc. v. Elseygreen | 1 | 1 |
| Lebo v. Johnsongreen | 1 | 1 |
| Moseley v. Arnoldgreen | 1 | 1 |
| Mayberry v. Stategreen | 1 | 1 |
| Wyatt v. Stategreen | 1 | 1 |
| Uptegraph v. Sandalwood Civic Clubgreen | 1 | 1 |
| Helena Chemical Co. v. Wilkinsgreen | 1 | 1 |
| Appraisal Review Board of Galveston County v. Tex-Air Helicopters, Inc.green | 1 | 1 |
| City of Austin v. Davisgreen | 1 | 1 |
| Chilman v. Stategreen | 1 | 1 |
| State v. Fritzgreen | 1 | 1 |
| People v. Lalkagreen | 1 | 1 |
| People v. Trucchiogreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Jim Rutherford Investment Inc. v. Terramar Beach Community Ass'ngreen2 sentences2019Owners Ass’n, 737 S.W.2d 589 (Tex. App.—Austin 1987, no writ) (jury trial); Tanglewood Homes, 728 S.W.2d at 43 (jury trial); New Jerusalem Baptist Church, Inc. v. City of Houston, 598 S.W.2d 666 (Tex. App.—Houston [14th Dist.] 1980, no writ) (bench trial); Zent v. Murrow, 476 S.W.2d 875, 880 (Tex. App.—Austin 1972, no writ); but see Jim Rutherford, 25 S.W.3d at 851–52 (upholding no-evidence summary judgment on affirmative defense of waiver because one violation of setback restriction is not so great as to lead mind of average man to reasonably conclude enforcement of restriction had been waive 2013See Uptegraph, 312 S.W.3d at 935 ; Rutherford, 25 S.W.3d at 851 . | 1 | 2 |
| Case | Cited | Years |
|---|---|---|
Bates v. Tesar
green
2 sentences2010Id. at 430 . 2003With regard to this fact-intensive inquiry, Bates listed the following factors to consider in determining whether relocation is a material and substantial change in circumstances: (1) the distance involved; (2) the quality of the relationship between the noncustodial parent and the child; (3) the nature and quantity of the child = s contacts with the noncustodial parent, both de jure and de facto; (4) whether the relocation would deprive the noncustodial parent of regular and meaningful access to the child; (5) the impact of the move on the quantity and quality of the child’s future contact wi | 4 | 2003–2010 |
Thompson v. State
green
2 sentences2002Thompson , 9 S.W.3d at 812-13 . 2002Id. at 813 . | 4 | 2002–2002 |
Mariner Financial Group, Inc. v. Bossley
green
2 sentences2024Grp., 79 S.W.3d at 34 (quoting with approval Lifecare Int’l, Inc. v. CD Med., Inc., 68 F.3d 429 , 435 (11th Cir.1995)). 2011This is one area of the law which is highly dependent on the unique factual settings of each particular case.” Bossley, 79 S.W.3d at 34 (quoting Lifecare Int'l Inc. v. CD Med., Inc., 68 F.3d 429, 435 (11th Cir.1995)). | 3 | 2011–2024 |
Meyer v. Western Fire Insurance Co.
green
2 sentences2023To determine the existence of origination, courts employ a fact-intensive analysis and consider “the nature of the employee’s job, the circumstances of the travel, and any other relevant facts.” Id. (citations omitted). 2019“Courts have generally employed a fact-intensive analysis to determine whether an employee’s travel originated in the employer’s business, focusing on the nature of the employee’s job, the circumstances of the travel, and any other relevant facts.” Id. at 642–43. | 3 | 2015–2023 |
Phoenix Founders, Inc. v. Marshall
green
2 sentences2010According to the Texas Supreme Court in Phoenix Founders: "The ultimate question *636 in weighing these factors is whether [the firm to be disqualified] has taken measures sufficient to reduce the potential for misuse of confidences to an acceptable level." 887 S.W.2d at 836 . 2010According to the Texas Supreme Court in Phoenix Founders: “The ultimate ques tion in weighing these factors is whether [the firm to be disqualified] has taken measures sufficient to reduce the potential for misuse of confidences to an acceptable level.” 887 S.W.2d at 836 . | 3 | 2010–2010 |
Jimenez v. State
green
2 sentences2013Id. at 523 . 1999Id. at 523 . | 2 | 1999–2013 |
I & JC Corp. v. Helen of Troy L.P.
green
2 sentences2007Cf. I JC Corp. , 164 S.W.3d at 889 . 2007Cf I & J C Corp., 164 S.W.3d at 889 . 111. | 2 | 2007–2007 |
Rodarte v. Cox
green
2 sentences2006We agree with the Tyler court that the Legislature intended the standard to be flexible in order to deal with “inevitable situations which could not be otherwise anticipated by the drafters.” Id. at 70 . 2006We agree with the Tyler court that the Legislature intended the standard to be flexible in order to deal with "inevitable situations which could not be otherwise anticipated by the drafters." Id. at 70 . | 2 | 2006–2006 |
Dr. Julia Elizabeth Berry v. The Board of Supervisors of L.S.U., Etc.
green
2 sentences2001Id. 2001Id. | 2 | 2001–2001 |
Murff v. Murff
green
1 sentence2026Id. -2- 04-24-00367-CV This is a fact-intensive inquiry and we “presume that the trial court properly exercised its discretion in reaching its decision.” Nunez v. Nunez, No. 04-22-00362-CV, 2024 WL 3054038 , at *1 (Tex. App.—San Antonio June 20, 2024, pet. denied) (mem. op.) (citing TEX. | 1 | 2026–2026 |
Solem v. Helm
red
1 sentence2026Solem, at 463 U.S. at 292 . | 1 | 2026–2026 |
| Rothermel v. Duncan green | 1 | 2023–2023 |
| Texas Mutual Insurance Co. v. Vista Community Medical Center, LLP green | 1 | 2022–2022 |
| Henry v. Cash Biz, LP green | 1 | 2022–2022 |
| Dempsey v. Apache Shores Property Owners Ass'n green | 1 | 2019–2019 |
| New Jerusalem Baptist Church, Inc. v. City of Houston green | 1 | 2019–2019 |
| Lashan D. Hill v. Rent-A-Center, Inc. green | 1 | 2018–2018 |
| HARLEY ROGERS, Plaintiff-Respondent v. SUPERIOR METAL, INC., RANDY MUELLER, and JONATHAN HOLTZMAN green | 1 | 2017–2017 |
| Pacheco v. Mineta green | 1 | 2017–2017 |
| Bartosh v. Sam Houston State University green | 1 | 2017–2017 |
| Davis v. United States green | 1 | 2013–2013 |
| State v. O'ROURKE green | 1 | 1999–1999 |
| Rawlings v. State green | 1 | 1996–1996 |
| Proctor v. State green | 1 | 1996–1996 |
| Coleman v. State green | 1 | 1996–1996 |
| Herrera v. State green | 1 | 1996–1996 |
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.