Ewing standard (Texas) · Go Syfert
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Ewing standard in Texas

7 Texas opinions name it 2 courts 1989–2023 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 (10)

CaseFollowedCited
Regents of the University of Michigan v. Ewinggreen
scotus · 1985 · cited in 2 Texas opinions naming this issue, 1989–1992
2 sentences

1989Ewing, 474 U.S. at 228 n. 14, 106 S.Ct. at 515 n. 14; Levi v. University of Texas at San Antonio, 840 F.2d at 280-81 (acknowledging that the Ewing standard for reviewing academic decisions also extends to equal protection claims); Clements v. County of Nassau, 835 F.2d at 1006 .

1989Ewing, 474 U.S. at 228 n. 14, 106 S.Ct. at 515 n. 14; Levi v. University of Texas at San Antonio, 840 F.2d at 280-81 (acknowledging that the Ewing standard for reviewing academic decisions also extends to equal protection claims); Clements v. County of Nassau, 835 F.2d at 1006 .

12
Doug Crownover v. Mid-Continent Casualty Cogreen
ca5 · 2014 · cited in 1 Texas opinions naming this issue, 2023–2023
2 sentences

2023Ewing, 420 S.W.3d at 31 ; see also Crownover, 772 F.3d at 210 (applying the Ewing analysis in determining the contractual-liability exclusion in a CGL policy did not apply, and it therefore did not need to address whether the insureds could “establish an exception to that exclusion”).

2023Ewing, 420 S.W.3d at 31 ; see also Crownover, 772 F.3d at 210 (applying the Ewing analysis in determining the contractual-liability exclusion in a CGL policy did not apply, and it therefore did not need to address whether the insureds could “establish an exception to that exclusion”).

11
Mann Frankfort Stein & Lipp Advisors, Inc. v. Fieldinggreen
tex · 2009 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020Mann Frankfort Stein & Lipp Advisors, Inc. v. Fielding, 289 S.W.3d 844, 848 (Tex. 2009).

11
Humphries v. ADVANCED PRINT MEDIAgreen
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See Humphries v. Advanced Print Media, 339 S.W.3d 206, 208 (Tex. App.— Dallas 2011, no pet.); see Berger v. Flores, No. 03-12-00415-CV, 2015 WL 3654555 , at *4 (Tex. App.—Austin June 12, 2015, no pet.) (mem. op.). (5) The Issue of Privilege Is Moot on Appeal, Given Ewing’s Forfeiture of any Attack on the “Truth” Defense Ewing’s petition alleges that the statement at issue was published “at the knowing and willful direction of Defendants Juan Sabillon and Brent Rhodes, and with malice.” Though the 10 “[I]ntentional infliction of emotional distress requires proof that: (1) the defendant acted in

11
James v. Hitchcock Independent School Districtgreen
texapp · 1987 · cited in 1 Texas opinions naming this issue, 2019–2019
2 sentences

2019See James, 742 S.W.2d at 704 .

2019See id.

11
Hoffmann-La Roche Inc. v. Zeltwangergreen
tex · 2004 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See Humphries v. Advanced Print Media, 339 S.W.3d 206, 208 (Tex. App.— Dallas 2011, no pet.); see Berger v. Flores, No. 03-12-00415-CV, 2015 WL 3654555 , at *4 (Tex. App.—Austin June 12, 2015, no pet.) (mem. op.). (5) The Issue of Privilege Is Moot on Appeal, Given Ewing’s Forfeiture of any Attack on the “Truth” Defense Ewing’s petition alleges that the statement at issue was published “at the knowing and willful direction of Defendants Juan Sabillon and Brent Rhodes, and with malice.” Though the 10 “[I]ntentional infliction of emotional distress requires proof that: (1) the defendant acted in

11
Wal-Mart Stores, Inc. v. Sturgesgreen
tex · 2001 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019Wal-Mart Stores, Inc. v. Sturges, 52 S.W.3d 711, 713 (Tex. 2001). 2 Originally appealed to the Third Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts.

11
City of San Antonio ex rel. City Public Service Board v. Tommy Harral Construction, Inc.green
· 2016 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Here, the order entered by the trial court denying Ewing’s motion for summary judgment did not specify the basis for its ruling and merely stated that Ewing had “permission” to “pursue an interlocutory appeal.” It is well-settled that to invoke this court’s permissive-appeal jurisdiction, “the trial court must make a substantive ruling on the controlling legal issue being appealed so that the legal issue presented to this court is the same legal issue determined by the trial court.” Eagle Gun Range, Inc. v. Bancalari, 495 S.W.3d 887, 889 (Tex. App.—Fort Worth 2016, no pet.); see City of San An

11
Eagle Gun Range, Inc., David L. Prince, Justin Pollard, Mark Sliger, Jeffrey D. Saupp, and Bill Scott v. Quinn Bancalari, Individually and in His Capacity as Administrator of the Estate of Alessandro Jon Bancalari, and for and on Behalf of All Those Entitled to Recover for the Death of Alessandro Jon Bancalarigreen
texapp · 2016 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Here, the order entered by the trial court denying Ewing’s motion for summary judgment did not specify the basis for its ruling and merely stated that Ewing had “permission” to “pursue an interlocutory appeal.” It is well-settled that to invoke this court’s permissive-appeal jurisdiction, “the trial court must make a substantive ruling on the controlling legal issue being appealed so that the legal issue presented to this court is the same legal issue determined by the trial court.” Eagle Gun Range, Inc. v. Bancalari, 495 S.W.3d 887, 889 (Tex. App.—Fort Worth 2016, no pet.); see City of San An

11
Dr. Kenneth Levi v. University of Texas at San Antoniogreen
ca5 · 1988 · cited in 1 Texas opinions naming this issue, 1989–1989
2 sentences

1989Ewing, 474 U.S. at 228 n. 14, 106 S.Ct. at 515 n. 14; Levi v. University of Texas at San Antonio, 840 F.2d at 280-81 (acknowledging that the Ewing standard for reviewing academic decisions also extends to equal protection claims); Clements v. County of Nassau, 835 F.2d at 1006 .

1989Ewing, 474 U.S. at 228 n. 14, 106 S.Ct. at 515 n. 14; Levi v. University of Texas at San Antonio, 840 F.2d at 280-81 (acknowledging that the Ewing standard for reviewing academic decisions also extends to equal protection claims); Clements v. County of Nassau, 835 F.2d at 1006 .

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
Ewing Construction Company, Incorporated v. Amerisure Insurance Company green
tex · 2014
2 sentences

2023Ewing, 420 S.W.3d at 31 ; see also Crownover, 772 F.3d at 210 (applying the Ewing analysis in determining the contractual-liability exclusion in a CGL policy did not apply, and it therefore did not need to address whether the insureds could “establish an exception to that exclusion”).

2023Ewing, 420 S.W.3d at 31 ; see also Crownover, 772 F.3d at 210 (applying the Ewing analysis in determining the contractual-liability exclusion in a CGL policy did not apply, and it therefore did not need to address whether the insureds could “establish an exception to that exclusion”).

12023–2023
Gilbert Texas Construction, L.P. v. Underwriters at Lloyd's London green
tex · 2010
1 sentence

2014The district court’s analysis relied in large part on Gilbert Texas Construction, L.P. v. Underwriters at Lloyd’s London, 327 S.W.3d 118 (Tex.2010), in which this Court interpreted the contractual liability exclusion in a CGL policy.

12014–2014
Clements v. County of Nassau green
ca2 · 1987
2 sentences

1989Ewing, 474 U.S. at 228 n. 14, 106 S.Ct. at 515 n. 14; Levi v. University of Texas at San Antonio, 840 F.2d at 280-81 (acknowledging that the Ewing standard for reviewing academic decisions also extends to equal protection claims); Clements v. County of Nassau, 835 F.2d at 1006 .

1989Ewing, 474 U.S. at 228 n. 14, 106 S.Ct. at 515 n. 14; Levi v. University of Texas at San Antonio, 840 F.2d at 280-81 (acknowledging that the Ewing standard for reviewing academic decisions also extends to equal protection claims); Clements v. County of Nassau, 835 F.2d at 1006 .

11989–1989

Where else courts name it

TX 7 (1989–2023) DE 5 (1989–2023) OH 4 (2014–2022) CA 2 (2005–2014)

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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