· 11/19/1997
Holguin Exrel. Rubio v. Ysleta Del Sur Pueblo
Citations
- 954 S.W.2d 843
- 1997 WL 539397
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- commenting that case law construing the Dram Shop Act demonstrates that the law exists to further the policy interest in Section 1.03 of the Code
- “holding] that a statutory dram shop law that confers standing upon private individuals to sue for damages caused by violations of the state’s alcoholic beverage code falls within the exercise of the state’s police power”
- “[A] private cause of action created by the Texas Dram Shop Act does not constitute ‘enforcement’ of an alcohol-related law that falls within the waiver of tribal immunity.”
- because the Act was created by statute in derogation of common law principles to regulate commercial providers of alcohol, “courts should defer to the plain meaning of the text of the law rather than using the dram shop law to fashion judicially created remedies”
Source: CourtListener parenthetical corpus (CC0).
Judges: Larsen, McClure, Chew
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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