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· 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).

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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.