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.
| Case | Followed | Cited |
|---|---|---|
O'RARDEN v. Stategreen2 sentences2008See id. 2008See id. | 3 | 3 |
Anderson v. Stategreen2 sentences2008See Anderson v. State, 182 S.W.3d 914, 918 (Tex. Crim. 2008See Anderson v. State, 182 S.W.3d 914, 918 (Tex. Crim. | 3 | 3 |
Bell v. Stategreen2 sentences2015See 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. | 2 | 2 |
Keeter v. Stategreen2 sentences2015See 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. | 2 | 2 |
Jagaroo v. Stategreen2 sentences2012See Jagaroo, 180 S.W.3d at 802-03 . 2012See Jagaroo , 180 S.W.3d at 802-03 . | 2 | 2 |
West v. Stategreen2 sentences2012See West v. State, 702 S.W.2d 629, 633 (Tex. Crim. 2012See West v. State , 702 S.W.2d 629, 633 (Tex. Crim. | 2 | 2 |
Brady v. United Statesgreen2 sentences2012See Brady v. United States, 397 U.S. 742, 755-57 (1970). 2012See Brady v. United States , 397 U.S. 742, 755-57 (1970). | 2 | 2 |
Wilson v. Stategreen2 sentences2008“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. | 2 | 2 |
Furst v. Smithgreen2 sentences2006Furst 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.). | 2 | 2 |
Minnesota Mining & Manufacturing Co. v. Atterburygreen2 sentences2002Co. 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. | 2 | 2 |
Wright v. Stategreen2 sentences1997Under 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.). | 2 | 2 |
Anderson v. State ex rel. Allredgreen2 sentences2025Id. 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. | 1 | 2 |
Arthur Andersen & Co. v. Perry Equipment Corp.green2 sentences2011See 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 . | 1 | 2 |
McFadin v. Broadway Coffeehouse, LLCgreen1 sentence2024See id. at 283 . | 1 | 1 |
Exxon Mobil Corporation, Whm Custom Services, Inc., and Disa, Inc. v. Gilberto Rinconesgreen1 sentence2022Circumstantial 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). | 1 | 1 |
Alamo Heights Independent School District v. Catherine Clarkgreen1 sentence2021See Alamo Heights, 544 S.W.3d at 770 (stating that plea may challenge jurisdiction on pleadings alone, on existence of jurisdictional facts, or both). | 1 | 1 |
Clark v. Stategreen1 sentence2018To 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. | 1 | 1 |
| Texas Commerce Bank, National Ass'n v. Newgreen | 1 | 1 |
| Lone Star College System and Richard Carpenter v. Immigration Reform Coalition of Texas (IRCOT)green | 1 | 1 |
| Thornton v. Stategreen | 1 | 1 |
| Thierry v. Stategreen | 1 | 1 |
| Breshears v. State Farm Lloydsgreen | 1 | 1 |
| Tenaska Energy, Inc. v. Ponderosa Pine Energy, LLCgreen | 1 | 1 |
| Franka v. Velasquezgreen | 1 | 1 |
| Ptomey v. Texas Tech Universitygreen | 1 | 1 |
| Castro v. McNabbgreen | 1 | 1 |
| DiGiuseppe v. Lawlergreen | 1 | 1 |
| Reata Construction Corp. v. City of Dallasgreen | 1 | 1 |
| Douglas W. STREBEL, Appellant, v. John C. WIMBERLY II, Appelleegreen | 1 | 1 |
| AMX Enterprises, L.L.P. v. Master Realty Corp.green | 1 | 1 |
| French v. Stategreen | 1 | 1 |
| Weaver v. Stategreen | 1 | 1 |
| Weeks v. Stategreen | 1 | 1 |
| C.M. Asfahl Agency v. Tensor Inc.green | 1 | 1 |
| State v. Munozgreen | 1 | 1 |
| Shaw v. Stategreen | 1 | 1 |
| State v. Humble Oil & Refining Co.green | 1 | 1 |
| Dallas Area Rapid Transit v. Whitleygreen | 1 | 1 |
| Breazeale v. Stategreen | 1 | 1 |
| Anderson v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gutierrez v. Flores
green
2 sentences2011Anderson’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 . | 3 | 2011–2011 |
Jeffrey A. Saul v. United States of America Ray Larsen Colleen St. Louis John Doe St. Louis
green
2 sentences2011The 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 . | 3 | 2011–2011 |
Aletha Rollins and Jessie Rollins v. John O. Marsh, Jr., Secretary of the United States Department of the Army
green
2 sentences2011The 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 . | 3 | 2011–2011 |
United States v. Fausto
green
2 sentences2011The 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 . | 3 | 2011–2011 |
Bush v. Lucas
green
2 sentences2011The 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 . | 3 | 2011–2011 |
Anderson v. State
green
2 sentences2019Anderson 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 . | 2 | 2019–2019 |
Fisk v. State
green
2 sentences2019The 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. | 2 | 2019–2019 |
ST. LUKE'S EPISCOPAL HOSPITAL v. Marks
green
2 sentences2015See id.; De Ayala, 193 S.W.3d at 578 . 2011See id.; De Ayala, 193 S.W.3d at 578 . | 2 | 2011–2015 |
Alden v. Maine
green
2 sentences2025However, 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 | 1 | 2025–2025 |
Prudholm v. State
green
2 sentences2019The 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 ). | 1 | 2019–2019 |
Kamel v. University of Texas Health Science Center at Houston
green
2 sentences2019Under 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’ | 1 | 2019–2019 |
Arthur J. Gallagher & Co. v. Dieterich
green
2 sentences2018Gallagher & 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"). | 1 | 2018–2018 |
Save Our Springs Alliance, Inc. v. City of Dripping Springs
green
2 sentences2018See, 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). | 1 | 2018–2018 |
| State v. Lewallen green | 1 | 2016–2016 |
| Kelly, Sylvester green | 1 | 2015–2015 |
| Anders v. California green | 1 | 2015–2015 |
| In Re Garza green | 1 | 2015–2015 |
| Winters v. Chubb & Son, Inc. green | 1 | 2015–2015 |
| Lehmann v. Har-Con Corp. red | 1 | 2015–2015 |
| Mission Consolidated Independent School District v. Garcia green | 1 | 2012–2012 |
| North East Texas Motor Lines, Inc. v. Dickson green | 1 | 1952–1952 |
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.