fact issue regarding doctrine (Texas) · Go Syfert
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fact issue regarding doctrine in Texas

9 Texas opinions name it 1 courts 1998–2024 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 (5)

CaseFollowedCited
Exxon Corp. v. Emerald Oil & Gas Co., LCgreen
tex · 2011 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Exxon Corp. v. Emerald Oil & Gas Co., 348 S.W.3d 194, 209 (Tex. 2011) (the doctrine of fraudulent concealment did not toll the limitations period where plaintiff had “actual knowledge of alleged injury-causing conduct”); cf. Etan Indus., Inc., 359 S.W.3d at 623 (the estoppel effect of defendant’s presumed fraudulent concealment ended when plaintiffs were appraised of facts, conditions, and circumstances sufficient to cause a reasonable person to make inquiry that would lead to the discovery of the concealed cause of action.).

2015See Exxon Corp. v. Emerald Oil & Gas Co., 348 S.W.3d 194, 209 (Tex.2011) (the' doctrine of fraudulent concealment did not toll the limitations period where plaintiff had “actual knowledge of alleged injury-causing conduct”); cf. Etan Indus., Inc., 359 S.W.3d at 623 (the estoppel effect of defendant’s presumed fraudulent concealment ended when plaintiffs were appraised of facts, conditions, and circumstances sufficient to cause a reasonable person to make inquiry that would lead to the discovery of the concealed cause of action.).

22
Etan Industries, Inc. v. Lehmanngreen
tex · 2011 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Exxon Corp. v. Emerald Oil & Gas Co., 348 S.W.3d 194, 209 (Tex. 2011) (the doctrine of fraudulent concealment did not toll the limitations period where plaintiff had “actual knowledge of alleged injury-causing conduct”); cf. Etan Indus., Inc., 359 S.W.3d at 623 (the estoppel effect of defendant’s presumed fraudulent concealment ended when plaintiffs were appraised of facts, conditions, and circumstances sufficient to cause a reasonable person to make inquiry that would lead to the discovery of the concealed cause of action.).

2015See Exxon Corp. v. Emerald Oil & Gas Co., 348 S.W.3d 194, 209 (Tex.2011) (the' doctrine of fraudulent concealment did not toll the limitations period where plaintiff had “actual knowledge of alleged injury-causing conduct”); cf. Etan Indus., Inc., 359 S.W.3d at 623 (the estoppel effect of defendant’s presumed fraudulent concealment ended when plaintiffs were appraised of facts, conditions, and circumstances sufficient to cause a reasonable person to make inquiry that would lead to the discovery of the concealed cause of action.).

22
Mesa v. Prejeangreen
ca5 · 2008 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011See Mesa , 543 F.3d at 269 .

2011See Mesa, 543 F.3d at 269 .

22
Brownlee v. Brownleegreen
tex · 1984 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Brownlee, 665 S.W.2d at 112 (“If the party opposing a summary judgment relies on an affirmative defense, he must come forward with summary judgment evidence sufficient to raise an issue of fact on each element of the defense to avoid summary judgment.”); Fontana Evolution, LLC v. SCP Distrib., –25– LLC, No. 02-22-00211-CV; 2023 WL 308176 , at *4 (Tex. App.—Fort Worth Jan. 19, 2023, no pet.) (mem. op.) (summary judgment non-movant bore burden to raise a fact issue regarding the defense of release).

11
Ocean Transport, Inc. v. Greycas, Inc.green
texapp · 1994 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022Accordingly, Santos did not raise a fact issue regarding her defense that Yellowfin’s claim accrued outside the applicable limitations period.5 See, e.g., Ocean Transp., Inc. v. Greycas, Inc., 878 S.W.2d 256, 267 (Tex. App.—Corpus Christi 1994, writ denied) (when note provided that lender, at its option, could declare note immediately due and payable upon default of any installment, date of acceleration triggered limitations period).

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 (3)

CaseCitedYears
Marshall v. Housing Authority of San Antonio green
tex · 2006
1 sentence

2015Id. at 797 .

12015–2015
KPMG Peat Marwick v. Harrison County Housing Finance Corp. green
tex · 1999
1 sentence

2009KPMG Peat Marwick , 988 S.W.2d at 748 .

12009–2009
Inglish v. Prudential Insurance Co. of America green
texapp · 1996
1 sentence

1998Inglish, 928 S.W.2d at 706 .

11998–1998

Statutes the citing opinions construe

USC § 42u.s.c.1983 (4)

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.

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