Case Citator › Scurlock Oil Co. v. Smithwick

Scurlock Oil Co. v. Smithwick

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Supreme Court of Texas
Citation
724 S.W.2d 1
Decided
Confirmed treatments
1
Flagged citations read
30 of 30
Citing cases (total)
30
Treatment dates
1993
Abrogated
A reviewed court treats this case as abrogated by later authority. Scurlock Oil Co. v. Smithwick was abrogated on Mary Carter agreements by Elbaor v. Smith, which held those agreements void. Scurlock had permitted their use with safeguards; Elbaor concluded the safeguards could not cure the harm.
More on how this was screened

Its separate rules on the preclusive effect of judgments pending appeal and responding to improperly admitted evidence continue to be applied. All 30 flagged citations have been read; the confirmed change is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

30 later cases cite Scurlock Oil Co. v. Smithwick; 30 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Scurlock Oil Co. v. Smithwick?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Texas Supreme Court rejected the safeguards used for Mary Carter agreements and declared those agreements void.

    Elbaor v. Smith · Supreme Court of Texas · filed

    The trial judge, who fully grasped the detrimental effect these agreements could have on the outcome, attempted to monitor the lawsuit by assiduously applying the guidelines suggested in the Smithwick concurrence. ... Thus, we declare them void as violative of sound public policy.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

Describe your facts. Ezel reads Scurlock Oil Co. v. Smithwick and the cases that treated it, then tells you whether it still holds for your situation, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace