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The Party Adverse to a Summary Judgment Motion May, Without Filing an Answer or other Response, Raise on Appeal the Sufficiency of the Summary Judgment Proof to Support the Specific Grounds Stated in the Motion, but, in the Absence of Such an Answer or Other Response, May Not Raise Any Other Material Fact Issue as Grounds for Reversal
(Texas Tech Law Review, 1980)
Analyzes the issue of whether an appellate court, in light of the 1978 amendment to Rule 166-A(c) of the Texas Rules of Civil Procedure, could review the sufficiency of the summary judgment proof to support the motion when ...
Arizona’s Medical Malpractice Act Is Not Unconstitutional
(Texas Tech Law Review, 1978)
Discusses the Arizona Supreme Court’s case Eastin v. Broomfield. The court in Eastin upheld as constitutional Arizona’s Medical Malpractice Act, which required in part that a plaintiff go first before a medical liability ...
State of New York Rejects Locality Standard Of Professional Care
(Texas Tech Law Review, 1978)
Examines the New York Court of Claims’ decision in Hirschberg v. State. In Hirschberg, the court rejected the long-standing locality rule, which dictated the standard of care required by a physician should be commiserate ...
A Homestead Claimant’s Rights in the Proceeds of a Forced Sale of His Urban Homestead Is to be Determined by Applying to the Current Value of the Lot the Ratio the Exemption Allowance at the Time of Designation Bears to the Value of the Lot at the Time of Designation
(Texas Tech Law Review, 1974)
In Hoffman, the court examined how to divide the sale proceeds of an urban homestead between a debtor and creditor, which (1) had an excessive value at the time of designation and (2) has increased subsequently in value. ...
Statute of Limitations is Tolled When the Plaintiff Produces Prima Facie Evidence to Raise Fraudulent Concealment as a Material Issue of Fact
(Texas Tech Law Review, 1973)
The Texas Court of Civil Appeals in Nichols v. Smith held that where a plaintiff produced prima facie evidence of fraudulent concealment, the statute of limitations will be tolled. The author supports adopting another ...
The Ability to Exercise Will Is an Element of Mental Capacity
(Texas Tech Law Review, 1975)
Analyzes the issue of whether depression counts for lack of mental capacity and if this mental capacity means that a person has a decreased volitional will. The author introduces the court’s new mental capacity instruction ...
Substantial Interest-Free Demand Loans From Parents for Benefit of Children Do Not Constitute a Taxable Gift
(Texas Tech Law Review, 1979)
Discusses Crown v. Commissioner, a case from the United States Court of Appeals for the Seventh Circuit. The court in Crown held that the interest not collected on a series of interest-free loans did not constitute a taxable gift.
Contracts Between an Injured Employee and His Employer to Waive Rights to Compensation are Void
(Texas Tech Law Review, 1974)
In James v. Vernon Calhoun Packing Co., the court reaffirmed its interpretation of Section 14 of the Texas Workmen’s Compensation Act, holding any agreement by an employee to waive his rights to compensation is automatically ...
The One Year Statute of Limitations for Initiating Paternity Suits in Texas is Not Unconstitutional
(Texas Tech Law Review, 1979)
Examines the Texas Court of Civil Appeals for Dallas’s decision in Texas Department of Human Resources v. Chapman. In Chapman, the court held that a Texas statute that established a one-year statute of limitations on ...
The Double Jeopardy Clause of the Fifth Amendment Precludes Retrial After a Reviewing Court Has Found the Evidence Legally Insufficient to Support a Guilty Verdict
(Texas Tech Law Review, 1978)
Examines the first two of the five companion cases decided by the United States Supreme Court, Burks v. United States and Greene v. Massey. In Burk, the Court held that the Double Jeopardy Clause of the Constitution precluded ...