Anderson claim (Texas) · Go Syfert
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Anderson claim in Texas

60 Texas opinions name it 3 courts 1952–2025 4 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 (43)

CaseFollowedCited
O'RARDEN v. Stategreen
texapp · 1989 · cited in 3 Texas opinions naming this issue, 2008–2008
2 sentences

2008See id.

2008See id.

33
Anderson v. Stategreen
texcrimapp · 2006 · cited in 3 Texas opinions naming this issue, 2008–2008
2 sentences

2008See Anderson v. State, 182 S.W.3d 914, 918 (Tex. Crim.

2008See Anderson v. State, 182 S.W.3d 914, 918 (Tex. Crim.

33
Bell v. Stategreen
texapp · 2008 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Bell v. State, 256 S.W.3d 465, 468 (Tex. App.—Waco 2008, no pet.) (“At a hearing on a motion for new trial, a trial court as finder of fact is free to believe or disbelieve the testimony of any witness, even if the testimony is uncontroverted.”) (citing Keeter v. State, 74 S.W.3d 31, 38 (Tex. Crim.

2015See Bell v. State, 256 S.W.3d 465, 468 (Tex. App.—Waco 2008, no pet.) (“At a hearing on a motion for new trial, a trial court as finder of fact is free to believe or disbelieve the testimony of any witness, even if the testimony is uncontroverted.”) (citing Keeter v. State, 74 S.W.3d 31, 38 (Tex. Crim.

22
Keeter v. Stategreen
texcrimapp · 2002 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Bell v. State, 256 S.W.3d 465, 468 (Tex. App.—Waco 2008, no pet.) (“At a hearing on a motion for new trial, a trial court as finder of fact is free to believe or disbelieve the testimony of any witness, even if the testimony is uncontroverted.”) (citing Keeter v. State, 74 S.W.3d 31, 38 (Tex. Crim.

2015See Bell v. State, 256 S.W.3d 465, 468 (Tex. App.—Waco 2008, no pet.) (“At a hearing on a motion for new trial, a trial court as finder of fact is free to believe or disbelieve the testimony of any witness, even if the testimony is uncontroverted.”) (citing Keeter v. State, 74 S.W.3d 31, 38 (Tex. Crim.

22
Jagaroo v. Stategreen
texapp · 2005 · cited in 2 Texas opinions naming this issue, 2012–2012
2 sentences

2012See Jagaroo, 180 S.W.3d at 802-03 .

2012See Jagaroo , 180 S.W.3d at 802-03 .

22
West v. Stategreen
texcrimapp · 1986 · cited in 2 Texas opinions naming this issue, 2012–2012
2 sentences

2012See West v. State, 702 S.W.2d 629, 633 (Tex. Crim.

2012See West v. State , 702 S.W.2d 629, 633 (Tex. Crim.

22
Brady v. United Statesgreen
scotus · 1970 · cited in 2 Texas opinions naming this issue, 2012–2012
2 sentences

2012See Brady v. United States, 397 U.S. 742, 755-57 (1970).

2012See Brady v. United States , 397 U.S. 742, 755-57 (1970).

22
Wilson v. Stategreen
texcrimapp · 2006 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

2008“To be entitled to post-conviction DNA testing under Chapter 64 of the Code of Criminal Procedure, appellant bears the burden of establishing, by a preponderance of the evidence, that he ‘would not have been convicted if exculpatory results had been obtained through DNA testing.’” Wilson v. State, 185 S.W.3d 481, 484 (Tex. Crim.

2008"To be entitled to post-conviction DNA testing under Chapter 64 of the Code of Criminal Procedure, appellant bears the burden of establishing, by a preponderance of the evidence, that he 'would not have been convicted if exculpatory results had been obtained through DNA testing.'" Wilson v. State , 185 S.W.3d 481, 484 (Tex. Crim.

22
Furst v. Smithgreen
texapp · 2005 · cited in 2 Texas opinions naming this issue, 2006–2006
2 sentences

2006Furst v. Smith , 176 S.W.3d 864, 868 (Tex.App.–Houston [1 st Dist.] 2005, no pet.).

2006Furst v. Smith , 176 S.W.3d 864, 868 (Tex.App.-Houston [1 st Dist.] 2005, no pet.).

22
Minnesota Mining & Manufacturing Co. v. Atterburygreen
texapp · 1998 · cited in 2 Texas opinions naming this issue, 2002–2002
2 sentences

2002Co. v. Atterbury, 978 S.W.2d 183, 191 (Tex.App.-Texarkana 1998, pet. denied) (same); Sanders at 110. 20 Proving one type of causation does not necessarily prove the other, and logic dictates that both are needed for a plaintiff in a toxic-tort suit to prevail. 21 See Atterbury, 978 S.W.2d at 199-200, 203 ; Sanders at 110. 22 Second, expert testimony is required to prove causation in this case, contrary to Anderson’s claim.

2002Co. v. Atterbury, 978 S.W.2d 183, 191 (Tex.App.-Texarkana 1998, pet. denied) (same); Sanders at 110. 20 Proving one type of causation does not necessarily prove the other, and logic dictates that both are needed for a plaintiff in a toxic-tort suit to prevail. 21 See Atterbury, 978 S.W.2d at 199-200, 203 ; Sanders at 110. 22 Second, expert testimony is required to prove causation in this case, contrary to Anderson’s claim.

22
Wright v. Stategreen
texapp · 1993 · cited in 2 Texas opinions naming this issue, 1996–1997
2 sentences

1997Under that circumstance, we “cannot determine whether appellant was sufficiently admonished.” Wright v. State, 855 S.W.2d 169, 170 (Tex.App.—Corpus Christi 1993, no pet.); accord, Anderson v. State, 930 S.W.2d 179, 182 (Tex.App.—Fort Worth 1996, pet. ref'd) (holding that “without a record of all of the plea proceedings, we cannot determine whether Anderson’s plea was involuntary”). 2 Moreover, the judgment states that appellant was “given all admonishments required by law.” Consequently, we are obligated to presume that the recitation is accurate until the complainant shows otherwise.

1996Wright v. State, 855 S.W.2d 169, 170 (Tex.App.—Corpus Christi 1993, no pet.).

22
Anderson v. State ex rel. Allredgreen
texcommnapp · 1933 · cited in 2 Texas opinions naming this issue, 2013–2025
2 sentences

2025Id. recognizing that the Anderson rule could apply to money also recognized that the rule did not apply to all money.

2025Id. recognizing that the Anderson rule could apply to money also recognized that the rule did not apply to all money.

12
Arthur Andersen & Co. v. Perry Equipment Corp.green
tex · 1997 · cited in 2 Texas opinions naming this issue, 2009–2011
2 sentences

2011See Arthur Andersen & Co., 945 S.W.2d at 818 ; see also AMX Enters., L.L.P., 283 S.W.3d at 520 (discussing uncontroverted evidence of four of eight Arthur Anderson factors).

2009In his affidavit, Scott opined that the amount was reasonable and necessary in light of the eight Anderson factors, which he laid out in the affidavit. 945 S.W.2d at 818 .

12
McFadin v. Broadway Coffeehouse, LLCgreen
tex · 2018 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See id. at 283 .

11
Exxon Mobil Corporation, Whm Custom Services, Inc., and Disa, Inc. v. Gilberto Rinconesgreen
tex · 2017 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022Circumstantial Evidence of Race Discrimination AISD argues that the trial court erred in denying its plea as to Anderson’s claim of racial discrimination because, it contends, he failed to adequately plead facts establishing a prima facie case and because the undisputed jurisdictional evidence affirmatively negates the existence of a prima facie case. 17 The precise elements of a prima facie case “vary depending on the circumstances.” Exxon Mobil Corp. v Rincones, 520 S.W.3d 572, 584 (Tex. 2017).

11
Alamo Heights Independent School District v. Catherine Clarkgreen
tex · 2018 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021See Alamo Heights, 544 S.W.3d at 770 (stating that plea may challenge jurisdiction on pleadings alone, on existence of jurisdictional facts, or both).

11
Clark v. Stategreen
texcrimapp · 2012 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018To the extent that Anderson’s brief could somehow be fairly read to raise some other issue, it was not preserved because a “point of error on appeal must comport with the objection made at trial.” Clark v. State, 365 S.W.3d 333, 339 (Tex. Crim.

11
Texas Commerce Bank, National Ass'n v. Newgreen
tex · 1999 · cited in 1 Texas opinions naming this issue, 2018–2018
11
Lone Star College System and Richard Carpenter v. Immigration Reform Coalition of Texas (IRCOT)green
texapp · 2013 · cited in 1 Texas opinions naming this issue, 2016–2016
11
Thornton v. Stategreen
texcrimapp · 1999 · cited in 1 Texas opinions naming this issue, 2016–2016
11
Thierry v. Stategreen
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2016–2016
11
Breshears v. State Farm Lloydsgreen
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2016–2016
11
Tenaska Energy, Inc. v. Ponderosa Pine Energy, LLCgreen
tex · 2014 · cited in 1 Texas opinions naming this issue, 2015–2015
11
Franka v. Velasquezgreen
tex · 2011 · cited in 1 Texas opinions naming this issue, 2014–2014
11
Ptomey v. Texas Tech Universitygreen
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2014–2014
11
Castro v. McNabbgreen
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2014–2014
11
DiGiuseppe v. Lawlergreen
tex · 2008 · cited in 1 Texas opinions naming this issue, 2013–2013
11
Reata Construction Corp. v. City of Dallasgreen
tex · 2006 · cited in 1 Texas opinions naming this issue, 2013–2013
11
Douglas W. STREBEL, Appellant, v. John C. WIMBERLY II, Appelleegreen
texapp · 2012 · cited in 1 Texas opinions naming this issue, 2013–2013
11
AMX Enterprises, L.L.P. v. Master Realty Corp.green
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2011–2011
11
French v. Stategreen
texcrimapp · 1992 · cited in 1 Texas opinions naming this issue, 2011–2011
11
Weaver v. Stategreen
texapp · 2008 · cited in 1 Texas opinions naming this issue, 2011–2011
11
Weeks v. Stategreen
texapp · 1994 · cited in 1 Texas opinions naming this issue, 2011–2011
11
C.M. Asfahl Agency v. Tensor Inc.green
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2008–2008
11
State v. Munozgreen
texcrimapp · 1999 · cited in 1 Texas opinions naming this issue, 2007–2007
11
Shaw v. Stategreen
texcrimapp · 2003 · cited in 1 Texas opinions naming this issue, 2007–2007
11
State v. Humble Oil & Refining Co.green
tex · 1943 · cited in 1 Texas opinions naming this issue, 2006–2006
11
Dallas Area Rapid Transit v. Whitleygreen
tex · 2003 · cited in 1 Texas opinions naming this issue, 2005–2005
11
Breazeale v. Stategreen
texcrimapp · 1985 · cited in 1 Texas opinions naming this issue, 1997–1997
11
Anderson v. Stategreen
texapp · 1996 · cited in 1 Texas opinions naming this issue, 1997–1997
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 (21)

CaseCitedYears
Gutierrez v. Flores green
ca5 · 2008
2 sentences

2011Anderson’s claim that she was defamed by the information on the union’s website is not included within the list of “unfair labor practices” set forth in section 7116(b) because “[n]othing in the CSRA pertains to this specific scenario.” Gutiemz, 543 F.3d at 255 .

2011Anderson's claim that she was defamed by the information on the union's website is not included within the list of "unfair labor practices" set forth in section 7116(b) because "[n]othing in the CSRA pertains to this specific scenario." Gutierrez, 543 F.3d at 255 .

32011–2011
Jeffrey A. Saul v. United States of America Ray Larsen Colleen St. Louis John Doe St. Louis green
ca9 · 1991
2 sentences

2011The union relies on Bush, Fausto, Saul, and Rollins , in support of its argument that Anderson’s claims are preempted. 462 U.S. at 367 , 103 S.Ct. 2404 , 484 U.S. at 439 , 108 S.Ct. 668 , 928 F.2d at 843 , 937 F.2d at 138 .

2011The union relies on Bush, Fausto, Saul, and Rollins , in support of its argument that Anderson's claims are preempted. 462 U.S. at 367 , 103 S.Ct. 2404 , 484 U.S. at 439 , 108 S.Ct. 668 , 928 F.2d at 843 , 937 F.2d at 138 .

32011–2011
Aletha Rollins and Jessie Rollins v. John O. Marsh, Jr., Secretary of the United States Department of the Army green
ca5 · 1991
2 sentences

2011The union relies on Bush, Fausto, Saul, and Rollins , in support of its argument that Anderson’s claims are preempted. 462 U.S. at 367 , 103 S.Ct. 2404 , 484 U.S. at 439 , 108 S.Ct. 668 , 928 F.2d at 843 , 937 F.2d at 138 .

2011The union relies on Bush, Fausto, Saul, and Rollins , in support of its argument that Anderson's claims are preempted. 462 U.S. at 367 , 103 S.Ct. 2404 , 484 U.S. at 439 , 108 S.Ct. 668 , 928 F.2d at 843 , 937 F.2d at 138 .

32011–2011
United States v. Fausto green
scotus · 1988
2 sentences

2011The union relies on Bush, Fausto, Saul, and Rollins , in support of its argument that Anderson's claims are preempted. 462 U.S. at 367 , 103 S.Ct. 2404 , 484 U.S. at 439 , 108 S.Ct. 668 , 928 F.2d at 843 , 937 F.2d at 138 .

2011The union relies on Bush, Fausto, Saul, and Rollins , in support of its argument that Anderson's claims are preempted. 462 U.S. at 367 , 103 S.Ct. 2404 , 484 U.S. at 439 , 108 S.Ct. 668 , 928 F.2d at 843 , 937 F.2d at 138 .

32011–2011
Bush v. Lucas green
scotus · 1983
2 sentences

2011The union relies on Bush, Fausto, Saul, and Rollins , in support of its argument that Anderson's claims are preempted. 462 U.S. at 367 , 103 S.Ct. 2404 , 484 U.S. at 439 , 108 S.Ct. 668 , 928 F.2d at 843 , 937 F.2d at 138 .

2011The union relies on Bush, Fausto, Saul, and Rollins , in support of its argument that Anderson's claims are preempted. 462 U.S. at 367 , 103 S.Ct. 2404 , 484 U.S. at 439 , 108 S.Ct. 668 , 928 F.2d at 843 , 937 F.2d at 138 .

32011–2011
Anderson v. State green
texcrimapp · 2013
2 sentences

2019Anderson The issue in Anderson was whether North Carolina’s indecent liberties statute was substantially similar to indecency with a child. 394 S.W.3d at 533 .

2019Anderson The issue in Anderson was whether North Carolina's indecent liberties statute was substantially similar to indecency with a child. 394 S.W.3d at 533 .

22019–2019
Fisk v. State green
texcrimapp · 2019
2 sentences

2019The first prong of the Prudholm/Anderson test “required ‘that the elements being compared . . . must display a high degree of likeness, but may be less than identical.’” Fisk, 574 S.W.3d at 920 (quoting Prudholm, 333 S.W.3d at 594 ).

2019We recently *533 abandoned the second prong of the Prudholm / Anderson test in Fisk v. State , 574 S.W.3d 917 (Tex. Crim.

22019–2019
ST. LUKE'S EPISCOPAL HOSPITAL v. Marks green
tex · 2006
2 sentences

2015See id.; De Ayala, 193 S.W.3d at 578 .

2011See id.; De Ayala, 193 S.W.3d at 578 .

22011–2015
Alden v. Maine green
scotus · 1999
2 sentences

2025However, we went on to private suits for money damages.” Alden v. Maine, 527 hold that the Anderson rule did not apply in Humble Oil U.S. 706, 750, 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999). because (1) its application would abolish the rule that taxes However, if the governmental entity interjects itself into or due the State cannot be offset, and (2) the defendant's claim chooses to engage in litigation to assert affirmative claims was not connected with the State's claim as the two involved for monetary damages, the entity will presumably have made a decision to expend resources to pay litiga

2025However, we went on to private suits for money damages.” Alden v. Maine, 527 hold that the Anderson rule did not apply in Humble Oil U.S. 706, 750, 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999). because (1) its application would abolish the rule that taxes However, if the governmental entity interjects itself into or due the State cannot be offset, and (2) the defendant's claim chooses to engage in litigation to assert affirmative claims was not connected with the State's claim as the two involved for monetary damages, the entity will presumably have made a decision to expend resources to pay litiga

12025–2025
Prudholm v. State green
texcrimapp · 2011
2 sentences

2019The first prong of the Prudholm/Anderson test “required ‘that the elements being compared . . . must display a high degree of likeness, but may be less than identical.’” Fisk, 574 S.W.3d at 920 (quoting Prudholm, 333 S.W.3d at 594 ).

2019“The second prong required ‘that the elements must be substantially similar with respect to the individual or public interests protected and the impact of the elements on the seriousness of the offenses.’” Id. (quoting Prudholm, 333 S.W.3d at 595 ).

12019–2019
Kamel v. University of Texas Health Science Center at Houston green
texapp · 2010
2 sentences

2019Under Kamel’s reasoning, immunity was waived by neither. 53 See supra note __. 54 333 S.W.3d 676 (Tex. App.—Houston [1st Dist.] 2010, pet. denied). 55 Id. at 679 . 56 Id. 57 Id. 58 Id. at 680 . 59 Ante at ___. 16 Similarly, in University of Texas Health Science Center at Tyler v. Smith, the court of appeals rejected a claim that a bile leak following gallbladder surgery was caused by the use of the electrocautery instrument used in the surgery.60 As in this case, there was no evidence or even a claim that the use of the instrument was itself negligent.61 The court concluded that the plaintiff’

2019Under Kamel’s reasoning, immunity was waived by neither. 53 See supra note __. 54 333 S.W.3d 676 (Tex. App.—Houston [1st Dist.] 2010, pet. denied). 55 Id. at 679 . 56 Id. 57 Id. 58 Id. at 680 . 59 Ante at ___. 16 Similarly, in University of Texas Health Science Center at Tyler v. Smith, the court of appeals rejected a claim that a bile leak following gallbladder surgery was caused by the use of the electrocautery instrument used in the surgery.60 As in this case, there was no evidence or even a claim that the use of the instrument was itself negligent.61 The court concluded that the plaintiff’

12019–2019
Arthur J. Gallagher & Co. v. Dieterich green
texapp · 2008
2 sentences

2018Gallagher & Co. v. Dieterich , 270 S.W.3d 695 , 706 (Tex. App.-Dallas 2008, no pet.) (rejecting argument that party seeking attorney's fees "did not offer any evidence of the Anderson factors").

2018Gallagher & Co. v. Dieterich , 270 S.W.3d 695 , 706 (Tex. App.-Dallas 2008, no pet.) (rejecting argument that party seeking attorney's fees "did not offer any evidence of the Anderson factors").

12018–2018
Save Our Springs Alliance, Inc. v. City of Dripping Springs green
texapp · 2010
2 sentences

2018See, e.g., Tex. Commerce Bank, Nat’l Ass’n v. New, 3 S.W.3d 515 , 517–18 (Tex. 1999) (per curiam); Save Our Springs Alliance, Inc. v. City of Dripping Springs, 304 S.W.3d 871 , 892–93 (Tex. App.—Austin 2010, pet. denied).

2018See, e.g., Tex. Commerce Bank, Nat’l Ass’n v. New, 3 S.W.3d 515 , 517–18 (Tex. 1999) (per curiam); Save Our Springs Alliance, Inc. v. City of Dripping Springs, 304 S.W.3d 871 , 892–93 (Tex. App.—Austin 2010, pet. denied).

12018–2018
State v. Lewallen green
texapp · 1996
12016–2016
Kelly, Sylvester green
texcrimapp · 2014
12015–2015
Anders v. California green
scotus · 1967
12015–2015
In Re Garza green
texapp · 2003
12015–2015
Winters v. Chubb & Son, Inc. green
texapp · 2004
12015–2015
Lehmann v. Har-Con Corp. red
tex · 2001
12015–2015
Mission Consolidated Independent School District v. Garcia green
tex · 2012
12012–2012
North East Texas Motor Lines, Inc. v. Dickson green
tex · 1949
11952–1952

Statutes the citing opinions construe

TX § Tex. Penal Code § 22.021 (6) TX § Tex. Lab. Code § 21.051 (5) TX § Tex. Lab. Code § 21.055 (3) TX § Tex. Penal Code § 12.42 (3) TX § Tex. Penal Code § 22.01 (3) USC § 5u.s.c.2301 (3) USC § 5u.s.c.2302 (3) USC § 5u.s.c.7101 (3) USC § 5u.s.c.7102 (3) USC § 5u.s.c.7116 (3) USC § 5u.s.c.7118 (3)

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.

Where else courts name it

CA 210 (1970–2026) TX 60 (1952–2025) WI 25 (1980–2026) MI 22 (1973–2026) OH 22 (1982–2025) FL 19 (1988–2018) GA 18 (1941–2026) PA 17 (1972–2024) WA 17 (1993–2024) IN 17 (1977–2026) IA 17 (1860–2026) MO 15 (1990–2021) MT 10 (1988–2024) UT 9 (1987–2026) DC 8 (1992–2015) DE 8 (2015–2025) AL 7 (1996–2013) MS 7 (2000–2026) KS 7 (1989–2026) AZ 7 (1977–2024) NJ 7 (1991–2021) VA 7 (1992–2023) MN 7 (1989–2019) AK 7 (1981–2014) IL 7 (1991–2026) ID 6 (1991–2025) SD 6 (1996–2025) SC 6 (1998–2026) ND 5 (1980–2004) CO 5 (1995–2026) AR 5 (1893–2024) KY 5 (1969–2025) NE 4 (1990–2024) RI 4 (1973–2012) OK 4 (1994–2007) CT 4 (1990–2020) TN 3 (2000–2020) MD 3 (2008–2017) NY 3 (1999–2025) ME 3 (2001–2020) LA 3 (1987–2002) NM 2 (2000–2021) NC 2 (1944–2006) NH 2 (2006–2007) NV 2 (2013–2019)

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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