citation_id,filing_id,case_name,citation,court,year,proposition,cited_by
46,10,Humphreys v. Caldwell,888 S.W.2d 469,Texas Supreme Court,1994,An affidavit must be based on the affiant's personal knowledge and must state that the facts in it are true,Kassab
47,10,Radio Station KSCS v. Jennings,750 S.W.2d 760,Texas Supreme Court,1988,Affidavit must show witness has personal knowledge under Tex. R. Evid. 602,Kassab
48,10,Burke v. Satterfield,525 S.W.2d 950,Texas Supreme Court,1975,"An affidavit must contain direct and unequivocal statements that, if false, would be grounds for perjury",Kassab
49,10,Hall v. Stephenson,919 S.W.2d 454,Tex. App.—Fort Worth,1996,Affidavit must contain statements that would be grounds for perjury if false,Kassab
50,10,Freeman v. American Motorists Ins.,53 S.W.3d 710,Tex. App.—Houston [1st Dist.],2001,Six elements required to introduce a business record through a witness under Tex. R. Evid. 803(6),Kassab
51,10,"Ryland Group, Inc. v. Hood",924 S.W.2d 120,Texas Supreme Court,1996,Conclusory affidavits do not raise fact issues and are incompetent evidence as a matter of law,Kassab
52,10,Stephens v. Precision Drilling Oilfield Servs. Corp.,2013 WL 1928797,Tex. App.—Houston [1st Dist.],2013,Conclusory affidavits are incompetent evidence as a matter of law,Kassab
53,10,Dolcefino v. Randolph,19 S.W.3d 906,Tex. App.—Houston [14th Dist.],2000,A conclusory statement is one that does not provide the underlying facts to support the conclusion,Kassab
54,10,E.I. du Pont de Nemours & Co. v. Shell Oil Co.,259 S.W.3d 800,Tex. App.—Houston [1st Dist.],2007,An affidavit is conclusory when it expresses a factual inference without stating the underlying facts on which the inference is based,Kassab
55,10,"Game Sys. v. Forbes Hutton Leasing, Inc.",2011 Tex. App. LEXIS 4098,Tex. App.—Fort Worth,2011,Statement that software 'constitutes a trade secret' was conclusory and not proper evidence,Kassab
56,10,McCollum v. Bank of N.Y. Mellon Tr. Co.,481 S.W.3d 352,Tex. App.—El Paso,2015,Conclusory statements that conduct is 'allegedly wrongful' are insufficient to raise a fact issue,Kassab
57,10,"Celtic Props., L.C. v. Cleveland Reg'l Med. Ctr., L.P.",2015 WL 4600661,Tex. App.—Beaumont,2015,Statement that property was 'damaged' as a result of defendant's conduct was insufficient as a matter of law,Kassab
58,10,"Chapa v. Stonehaven Dev., Inc.",2013 Tex. App. LEXIS 10159,Tex. App.—Corpus Christi,2013,Statement 'we lost the profits we would have made' is conclusory because it provides no underlying facts to support the conclusion,Kassab
59,10,"Fraud-Tech, Inc. v. Choicepoint, Inc.",2006 WL 1030189,Tex. App.—Fort Worth,2006,Affidavit testimony that appellants were damaged because of alleged conversion was conclusory when affiant did not supply facts underlying its conclusions,Kassab
60,10,"Plas-Tex, Inc. v. Jones",2000 Tex. App. LEXIS 3188,Tex. App.—Austin,2000,Conclusory statements regarding value of unidentified trade secrets were insufficient to support claim of damages,Kassab
61,10,Methodist Hosp. v. Zurich Am. Ins. Co.,329 S.W.3d 510,Tex. App.—Houston [14th Dist.],2009,"Bare assertion that opposing party's conduct was the 'causal connection' of damages was conclusory, 'substantively defective,' and no more than affiant's subjective opinion",Kassab
62,10,"In Re Kenneth George (consolidated with In Re Epic Holdings, Inc.)",28 S.W.3d 511,Texas Supreme Court,2000,"The attorney is the agent of the client, and the work product generated by the attorney in representing the client belongs to the client",Kassab
63,10,Hebisen v. State,615 S.W.2d 866,Tex. Civ. App.—Houston [1st Dist.],1981,Contents of a client's file must be turned over to the client promptly upon request,Kassab
64,10,"Resolution Trust Corp. v. H--, P.C.",128 FRD 647,N.D. Tex.,1989,"Attorney may retain a copy of the file at attorney's expense, but the original file belongs to the client",Kassab
65,10,Nolan v. Foreman,665 F.2d 738,"U.S. Court of Appeals, Fifth Circuit",1982,Client file belongs to the client; rehearing denied at 671 F.2d 1380,Kassab
66,10,Smith v. State,490 S.W.2d 902,Tex. Civ. App.—Corpus Christi,1972,Failure to turn over client files is willful and malicious and constitutes dishonorable conduct; retention only permitted to secure a debt if not prejudicial to client,Kassab
67,10,Castleman v. Internet Money Ltd.,546 S.W.3d 684,Texas Supreme Court,2018,Four-part test for TCPA commercial speech exception; party asserting exemption bears burden of proving applicability; exception requires conduct arise out of sale of goods/services in a commercial transaction,Kassab
68,10,Schimmel v. McGregor,438 S.W.3d 847,Tex. App.—Houston [1st Dist.],2014,The party asserting the commercial speech exemption bears the burden of proving its applicability,Kassab