· 12/20/2023
Jose Horacio Hernandez v. the State of Texas
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that both are nonbinding persuasive authority
- “The district courts ... owe no obedience ... to the decisions of the courts of appeals in other circuits.”
- over the strong dissent of Judge (now Chief Justice) Burger, who, however, does not mention the possibility of ratification
- subrogation, of cause of action against ted party, by operation of law where insurer pays insured’s covered claim
- “[d]ecisions of district courts and other courts of appeal are, of course, not binding on us and are looked to only for their persuasive effect”; “[i]f they fail to persuade by the use of sound and logical reasoning, they will not be followed, no matter how great their number”
- totally subrogated insurer is real party in interest
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.