Galbraith Engineering Consul v. Pochucha
290 S.W.3d 863 (Tex. 2009) Cited 292 times 2 Legal AnalysesHolding that section 33.004(e) revives claims "otherwise 'barred by limitations' under certain limited circumstances"
F.F.P. Operating v. Duenez
237 S.W.3d 680 (Tex. 2007) Cited 297 timesHolding chapter 33 applied to the Texas Dram Shop Act in part based on the fact the act was not explicitly excepted from coverage as other acts are
Chu v. Chong Hui Hong
249 S.W.3d 441 (Tex. 2008) Cited 130 timesHolding that a third party cannot be held liable in tort when community property is taken by one of the spouses, citing Cohrs v. Scott , 161 Tex. 111, 338 S.W.2d 127, 133
Fisher v. Halliburton
667 F.3d 602 (5th Cir. 2012) Cited 101 times 3 Legal AnalysesNoting that "the applicability of the LHWCA’s exclusivity provision presents ... an issue of preemption, not jurisdiction" and that "Federal preemption is an affirmative defense that a defendant must plead and prove"
Schlumberger Well Surveying v. Nortex Oil Gas
435 S.W.2d 854 (Tex. 1969) Cited 292 timesHolding that civil conspiracy consists of a combination of two or more persons or entities
JCW Electronics, Inc. v. Garza
257 S.W.3d 701 (Tex. 2008) Cited 82 timesHolding negligence, products-liability, and breach-of-warranty causes of action subject to chapter 33
Dugger v. Arredondo
56 Tex. Sup. Ct. J. 1099 (Tex. 2013) Cited 65 timesConcluding state statutory proportionality scheme "controls over the unlawful acts doctrine" because "the statute indicates the Legislature's desire to compare responsibility for injuries rather than bar recovery, even if the claimant was partly at fault or violated some legal standard"
In re Unitec Elevator Services
178 S.W.3d 53 (Tex. App. 2005) Cited 69 timesFinding that trial court did not abuse its discretion in denying petitioners late-filed motion to designate where "relators waited over 18 months after plaintiffs named Centerpoint as a defendant to seek leave to designate Centerpoint as a responsible third party, and relators knew that plaintiffs could non-suit their claims at any time"
Sterling Trust Co. v. Adderley
168 S.W.3d 835 (Tex. 2005) Cited 59 times 2 Legal AnalysesHolding that the Texas Security Act is to be "construed ... to effectuate its general purpose to maximize coordination with federal and other states' law and administration."
Carroll v. Timmers Chevrolet, Inc.
592 S.W.2d 922 (Tex. 1980) Cited 126 timesHolding a co-conspirator jointly and severally liable for all acts done in furtherance of the conspiracy
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,753 times 16 Legal AnalysesAllowing service by filing papers with the court's electronic-filing system
Section 33.003 - Determination of Percentage of Responsibility
Tex. Civ. Prac. & Rem. Code § 33.003 Cited 262 times 1 Legal AnalysesDetermining percentage of responsibility
Section 33.002 - Applicability
Tex. Civ. Prac. & Rem. Code § 33.002 Cited 181 timesApplying only to a "cause of action based on tort in which a defendant, settling person, or responsible third party is found responsible for a percentage of the harm for which relief is sought" or an action brought under the DTPA "in which a defendant, settling person, or responsible third party is found responsible for a percentage of the harm for which relief is sought"
Section 581-33 - [Repealed]
Tex. Rev. Civ. Stat. art. 581-33 Cited 146 timesProviding "[n]o person may sue" under the TSA "more than five years after the sale" of the securities at issue
Section 33.013 - Amount of Liability
Tex. Civ. Prac. & Rem. Code § 33.013 Cited 74 timesProviding that when percentage of causation attributable to defendant is greater than 50%, defendant is jointly and severally liable for all compensatory damages