remedial exception (Texas) · Go Syfert
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remedial exception in Texas

9 Texas opinions name it 2 courts 1980–2023 1 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
Cherne Industries, Inc. v. Magallanesgreen
tex · 1989 · cited in 3 Texas opinions naming this issue, 2001–2005
2 sentences

2005Cherne Indus., Inc. v. Magallanes , 763 S.W.2d 768, 772-73 (Tex. 1989).

2001Cherne Indus., Inc. v. Magallanes , 763 S.W.2d 768, 772 (Tex. 1989).

33
Marshall v. Visegreen
tex · 1989 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Marshall v. Vise, had an order from Dr. Lee, and you are 767 S.W.2d 699, 700 (Tex.1989); see also Shaw v. Nat'l not to consider the admissions for any County Mut.

11
Phil. H. Pierce Co. v. Watkinsgreen
tex · 1924 · cited in 1 Texas opinions naming this issue, 2010–2010
2 sentences

2010Pierce Co. v. Watkins, 114 Tex. 153 , 263 S.W. 905, 907 (1924) (orig. proceeding); see also DeCordova v. City of Galveston, 4 Tex. 470 , 477-78 (1849) (explaining the remedial exception and endorsing a New Hampshire decision affording protection to accrued causes of action).

2010Pierce Co. v. Watkins, 114 Tex. 153 , 263 S.W. 905, 907 (1924) (orig. proceeding); see also DeCordova v. City of Galveston, 4 Tex. 470 , 477-78 (1849) (explaining the remedial exception and endorsing a New Hampshire decision affording protection to accrued causes of action).

11
Terry v. Stategreen
texcrimapp · 1973 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003In Terry v. State , a question was asked by the court of the defense counsel as to whether the defendant would testify, for the stated purpose of aiding the court in determining if there would be sufficient testimony to fill the remaining portion of the day. 489 S.W.2d 879, 881 (Tex. Crim.

11
Adams v. Petrade International, Inc.green
texapp · 1988 · cited in 1 Texas opinions naming this issue, 1994–1994
1 sentence

1994Adams v. Petrade Int’l, Inc., 754 S.W.2d 696, 719 (Tex.App.-Houston [1st Dist.] 1988, writ denied); see also Brentwood Fin.

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
United States v. 429.59 Acres of Land green
ca9 · 1980
1 sentence

2023And federal courts, mindful of the constitutional promise that takings be for “just compensation” and the basic remedial principle that the injured party be restored to the position that he would have occupied but for the wrong, have based interest rates for money judgments “at the rate ‘a reasonably prudent person investing funds so as to produce a reasonable return while maintaining safety of principal’ would receive.” United States v. 429.59 Acres of Land, 612 F.2d 459 , 464– 65 (9th Cir. 1980).

12023–2023
Great American Federal Savings & Loan Ass'n v. Novotny green
scotus · 1979
2 sentences

1980Although Title VII creates substantive rights, they cannot be asserted within the remedial framework of 1985(3) because the proof required under both laws is different. 442 U.S. at 378 , 99 S.Ct. at 2349 .

1980Although Title VII creates substantive rights, they cannot be asserted within the remedial framework of 1985(3) because the proof required under both laws is different. 442 U.S. at 378 , 99 S.Ct. at 2349 .

11980–1980

Where else courts name it

OH 147 (1980–2026) PA 37 (1909–2025) IL 28 (2003–2026) WA 14 (2002–2022) MD 11 (1946–2020) GA 10 (1921–2019) TX 9 (1980–2023) ND 7 (1992–2015) CA 7 (1980–2025) MI 5 (2001–2004) AR 5 (2003–2018) ID 4 (1997–2021) AZ 4 (2012–2018) NY 4 (1992–2020) WI 3 (1975–2010) OR 3 (1929–2023) NJ 3 (1957–1991) NC 3 (1985–2002) MN 3 (1992–2001) MO 3 (1917–2022) VT 2 (1992–1993) OK 2 (2000–2001) DE 2 (2024–2025) CO 2 (1992–2012) FL 2 (1992–2014)

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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