12 Cited authorities

  1. Wilton v. Seven Falls Co.

    515 U.S. 277 (1995)   Cited 3,642 times   5 Legal Analyses
    Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test
  2. Ziegler v. IBP Hog Market, Inc.

    249 F.3d 509 (6th Cir. 2001)   Cited 752 times
    Holding that it would be overly harsh to dismiss a plaintiff's age-discrimination claims in their entirety because the plaintiff attempted to bring such claims under multiple theories
  3. Natl. Union Fire v. Merchants Fast Motor Lines

    939 S.W.2d 139 (Tex. 1997)   Cited 457 times
    Holding that the negligent discharge of a firearm while in a truck did not fall within the scope of an insurance policy covering injury "'resulting from the ownership . . . of a covered auto'"
  4. State Farm Life Ins. Co. v. Beaston

    907 S.W.2d 430 (Tex. 1995)   Cited 305 times
    Holding that "actual damages" as used in former Article 21.21, now renumbered as § 541, means "those damages recoverable at common law"
  5. Ingersoll-Rand Co. v. Valero Energy Corp.

    997 S.W.2d 203 (Tex. 1999)   Cited 157 times
    Holding that in a contribution claim against a joint tortfeasor liability could not have been established until judgment was rendered
  6. State Farm Lloyds v. Borum

    53 S.W.3d 877 (Tex. App. 2001)   Cited 79 times
    Holding that "being copied on letters, attending depositions, and discussing available defenses" are insufficient bases to establish privity
  7. Fisk Elec. Co. v. Constructors Associates

    888 S.W.2d 813 (Tex. 1994)   Cited 85 times
    In Fisk Elec. Co. v. Constructors Assoc. Inc., the indemnity clause provided that "[t]o the fullest extent permitted by law, [Fisk] shall indemnify, hold harmless, and defend [Constructors]... from and against all claims, damages, losses, and expenses, including but not limited to attorney's fees..."
  8. Safeco Ins. Co. of America v. Gaubert

    829 S.W.2d 274 (Tex. App. 1992)   Cited 42 times
    Explaining that a contract for indemnity is read as any other contract, such that the words and phrases in the agreement are given their "ordinary, popular, and commonly accepted meaning," and once the parties' intent is ascertained, the doctrine of strictissimi juris applies
  9. Tubb v. Bartlett

    862 S.W.2d 740 (Tex. App. 1993)   Cited 37 times
    In Tubb, the court noted that a right to bring suit with respect to a promise to indemnify against damages "does not accrue until the indemnitee has suffered damage or injury by being compelled to pay the judgment or debt."
  10. Continental Steel Co. v. H.A. Lott

    772 S.W.2d 513 (Tex. App. 1989)   Cited 15 times
    In Continental Steel Co. v. H.A. Lott, Inc., 772 S.W.2d 513 (Tex.App. 1989), the court found that the express negligence doctrine did not apply to the determination of an indemnitor's duty to indemnify when an indemnitee is found not negligent and is not seeking reimbursement for loses that are not related to the indemnitee's negligence.
  11. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 21,724 times   58 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment