Topic: to prevail in a claim under the act, rather than to obtain … · Go Syfert
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Topic #15518

5 canonical passages across 4 cases, quoted by 26 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from McKinley v. Drozd.

#Case FlagCanonical passage Citers
1 McKinley v. Drozd Anchor
tex · 1985
green “to prevail in a claim under the act, rather than to obtain a net recovery on all claims joined in one lawsuit.” 7
2 McKinley v. Drozd
tex · 1985
green “the more sensible meaning of the word 'prevail' is to prevail in a claim under the act, rather than to obtain a net recovery on all claims joined in one lawsuit,” 5
3 Roberts v. Grande
texapp · 1994
green “to prevail in a claim under the act, rather than to obtain a net recovery on all claims joined in one lawsuit.” 5
4 Rowland & Rowland, P.C. v. Texas Employers Indemnity Co.
texapp · 1998
green “there is an abundance of case law in which texas courts have manifested their interest in examining settlements in third-party actions to ensure an insurance carrier's right to subrogation” 5
5 Hamra v. Gulden
texapp · 1995
green “does not apply in a case in which a consumer has already received payment of an amount equal to or greater than the damages found by the fact finder in the trial of the consumer's case against the non-settling defendant.” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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