§Why CasetextPricing

Moore & Associates v. Jones & Carter, Inc

MEMORANDUM OF THE COURT: Signed

12 Cited authorities

  1. Wilton v. Seven Falls Co.

    515 U.S. 277 (1995)   Cited 4,289 times   7 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 858 times
    Holding that leave to amend should be denied where amendment would be futile

  3. Natl. Union Fire v. Merchants Fast Motor Lines

    939 S.W.2d 139 (Tex. 1997)   Cited 515 times
    Holding that even if "the complaint does not state facts sufficient to clearly bring the case within or without the coverage, the general rule is that the insurer is obligated to defend if there is, potentially , a case under the complaint within the coverage of the policy"

  4. State Farm Life Ins. Co. v. Beaston

    907 S.W.2d 430 (Tex. 1995)   Cited 327 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 166 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 81 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 92 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..." arising out of or resulting from the performance of Fisk's work. 888 S.W.2d at 814.

  8. Safeco Ins. Co. of America v. Gaubert

    829 S.W.2d 274 (Tex. App. 1992)   Cited 44 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 38 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 24,495 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment