Law Commons^™

Warranties, Disclaimers, Limitation Of Remedies, And The Texas Deceptive Trade Practices Act., Thomas Black

St. Mary's Law Journal

No abstract provided.

The Federal Courts Study Committee Begins Its Work., Joseph F. Weis Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Private Retirement Benefits Earned During Marriage Characterized As Community Property And Do Not Automatically Remain Property Of Surviving Spouse., Darryl J. Silvera

St. Mary's Law Journal

Abstract Forthcoming.

In Pari Delicto Defense May Bar Recovery In Section 12(1) Action Under Securities Act Of 1933., G. Barton Chucker

St. Mary's Law Journal

Abstract Forthcoming.

Document Destruction In Business Litigation From A Practitioner's Point-Of-View: The Ethical Rules Vs. Practical Realities., Ricardo G. Cedillo, David Lopez

St. Mary's Law Journal

No abstract provided.

Squeezing The Lemon - Helping Texas Consumers With New Car Problems., Darby Riley

St. Mary's Law Journal

No abstract provided.

An Understanding Of Damages Recoverable Under The Dtpa., Deborah J. Bullion

St. Mary's Law Journal

No abstract provided.

Judiciary's Inherent Power To Compel Funding: A Tale Of Heating Stoves And Air Conditioners., Ted Z. Robertson, Christa Brown

St. Mary's Law Journal

No abstract provided.

Military Contractors Who Comply With Elements Of Government Contractor Defense Are Immune From Products Liability Suits Stemming From Design Defects., Matthew J. Sullivan

St. Mary's Law Journal

In Boyle v. United Technologies Corp., the United States Supreme Court held military contractors who comply with the elements of the government contractor defense are immune from products liability suits stemming from design defects. Lower courts consider the government contractor defense to be a combination of two separate defenses. The first is the well-settled contract specification defense which eliminates liability for contractors who properly follow client supplied specifications. The second defense is the doctrine of shared sovereign immunity shielding the contractor from liability based on public policy concerns.

In Boyle, the Court held defective design of military equipment will not …

D.W.I. Suspects Do Not Have Right To Consult With Counsel Before Intoxilyzer Test Under Texas Constitution Because Test Is Not A Critical Stage In Proceedings., Clifford C. Herberg Jr.

St. Mary's Law Journal

Under the Texas Constitution, D.W.I. suspects do not have a right to consult with counsel before an intoxilyzer test because the test is not considered a “critical stage” in proceedings. In Forte v. State, the Texas Court of Criminal Appeals adopted the critical stage approach and held D.W.I. suspects do not have a right to counsel under the Texas Constitution until the filing of the complaint. The court reasoned because the statute implies consent to the test, and the suspect has no legal right to refuse the test, counsel’s presence would not serve to protect “any known right or safeguard,” …

Should Your Spouse Be Compensated For Putting You Through School - Texas Says No; Is That Just And Right., Darryl J. Silvera

St. Mary's Law Journal

No abstract provided.

Improper Use Of Removal And Its Disruptive Effect On State Court Proceedings: A Call To Reform 28 U.S.C. 1446., Ellen Bloomer Mitchell

St. Mary's Law Journal

Abstract Forthcoming.

Foreword., Barbara Bader Aldave

St. Mary's Law Journal

Abstract Forthcoming.

Address., William H. Rehnquist

St. Mary's Law Journal

Abstract Forthcoming.

Asserting And Defending Claims Involving An Fslic Relationship., Joe Phillips

St. Mary's Law Journal

No abstract provided.

Fundamental Error When Rule Against Misjoinder Violated By Charging More Than One Non-Property Offense In Same Indictment Resulting In Multiple Convictions., Virginia Coyle

St. Mary's Law Journal

Abstract Forthcoming.

Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare

St. Mary's Law Journal

Significant changes have recently occurred in reporting requirements for employers who have hazardous chemicals in their workplaces. The amended Federal Hazard Communication Standard requires private employers, engaged in a business using hazardous chemicals, to communicate to employees the potential hazards. The Standard requires employers to use: 1) a Hazard Communication Program, 2) labels and other forms of warning, 3) material safety data sheets, and 4) information and training about hazardous chemicals. Local and state governments must compare and reconcile the various and complex provisions relating to the Standard to ensure compliance with all requirements of the respective laws. The Texas …

Toxic Waste: Who Pays The Piper - A Private Party's Federal And Texas Rights To Recovery Of Voluntary Cleanup Costs Of Toxic Waste., Barbara Hanson Nellermoe

St. Mary's Law Journal

Abstract Forthcoming.

$500,000 Cap On Non-Economic Damages For Medical Malpractice Inconsistent With Open Courts Guarantee In Texas Constitution., Kathryn Kase

St. Mary's Law Journal

Abstract Forthcoming.

Government Action Does Not Violate Free Exercise Clause Of First Amendment When It Neither Coerces Action Contrary To Religious Beliefs Nor Prohibits Access To Practice Those Beliefs, But Merely Imposes An Incidental Burden On Religious Practice., Joani S. Harrison

St. Mary's Law Journal

Abstract Forthcoming.

A Consumer Update: Recent Developments Under The Texas Deceptive Trade Practices Act., Richard M. Alderman, Melanie P. Rosenthal

St. Mary's Law Journal

No abstract provided.

Merger Doctrine No Defense To Deceptive Trade Practices Suit For Breach Of Express Warranty., Robert Carl Jones

St. Mary's Law Journal

No abstract provided.

The Health Care Quality Improvement Act Of 1986: A Proposal For Interpretation Of Its Protection., Louise M. Joy

St. Mary's Law Journal

No abstract provided.

Judicial Rulemakers Held To Have Produced Federal Sentencing Guidelines Within Permissible Twilight Area In Which Branches Of Government Merge., Janis Hillman

St. Mary's Law Journal

No abstract provided.

The New Texas Business Corporation Act Merger Provisions., Curtis W. Huff

St. Mary's Law Journal

Abstract Forthcoming.

Summary Judgments In Texas., David Hittner, Lynne Liberato

St. Mary's Law Journal

Abstract Forthcoming.

Aspects Of Defending A Texas Deceptive Trade Practices - Consumer Protection Act Claim., Andy A. Tschoepe Ii, Stanley E. Crawford Jr., David Jed Williams

St. Mary's Law Journal

No abstract provided.

Statutory Claims For Unfair Insurance Settlement Practices - Vail V. Texas Farm Bureau Mutual Insurance Company., Joseph G. Chumlea

St. Mary's Law Journal

No abstract provided.

Private Cause Of Action For Unfair Insurance Claim Settlement Practices Exists Under Texas Deceptive Trade Practices Act And Insurance Code., Gloria F. Christmas

St. Mary's Law Journal

In Vail v. Texas Farm Bureau Mutual Insurance Company, the Texas Supreme Court held a private cause of action for unfair insurance claim settlement practices exists under the Texas Deceptive Trade Practices Act and Insurance Code (DTPA). The DTPA and Insurance Code have repeatedly been used against the insurance industry in the areas of first and third-party claims, particularly in cases involving sales misrepresentations and post-loss claims misconduct. The goal of DTPA is to provide adequate safeguards to aggrieved consumers and, therefore, a broad interpretation of the act allows the courts to provide consumers a remedy and deter the continuance …

The Relevancy Revolution In Criminal Law: A Practical Tour Through The Texas Rules Of Criminal Evidence., Cathleen C. Herasimchuk

St. Mary's Law Journal

No abstract provided.