Flow-down clauses incorporate terms from the prime contract into subcontracts. Texas courts examine the specificity of the flow-down language and whether the subcontractor had notice.
The cases below are organized by outcome and significance. Flagship cases represent the most-cited opinions that have shaped how flow-down clauses are interpreted in Texas courts.
Appellate courts must review all sentences under an abuse-of-discretion standard regardless of whether they fall inside or outside the Guidelines range, and cannot require extraordinary circumstances to justify sentences outside the range.
Municipal liability under § 1983 requires proof of official policy as the moving force; isolated employee misconduct insufficient, and equal protection claim time-barred.
Federal race-based classifications must be analyzed under strict scrutiny regardless of whether they benefit or burden minorities, and the Fifth Amendment's equal protection obligation equals the Fourteenth Amendment's.
143 opinions sorted by most cited
| CASE | CITATION | OUTCOME | CITES |
|---|---|---|---|
| Gall v. United States Supreme Court of the United States | 169 L. Ed. 2d 445 (2007) | enforced | 20,484 |
| Piotrowski v. City of Houston Court of Appeals for the Fifth Circuit | 237 F.3d 567 (2001) | reversed | 1,320 |
| Adarand Constructors, Inc. v. Pena Supreme Court of the United States | 132 L. Ed. 2d 158 (1995) | remanded | 1,314 |
| Northeastern Florida Chapter of the Associated General Contractors of America v. City of Jacksonville Supreme Court of the United States | 124 L. Ed. 2d 586 (1993) | remanded | 1,117 |
| In Re Kellogg Brown & Root, Inc. Texas Supreme Court | 166 S.W.3d 732 (2005) | enforced | 998 |
| Edwin P. Harrison, and United States of America, Party in Interest v. Westinghouse Savannah River Company Court of Appeals for the Fourth Circuit | 176 F.3d 776 (1999) | reversed | 976 |
| Tal v. Hogan Court of Appeals for the Tenth Circuit | 453 F.3d 1244 (2006) | enforced | 766 |
| Lee Lewis Construction, Inc. v. Harrison Texas Supreme Court | 70 S.W.3d 778 (2002) | enforced | 753 |
| Board of Comm'rs, Wabaunsee Cty. v. Umbehr Supreme Court of the United States | 135 L. Ed. 2d 843 (1996) | affirmed | 750 |
| Reata Construction Corp. v. City of Dallas Texas Supreme Court | 197 S.W.3d 371 (2006) | remanded | 705 |
| Applied Equipment Corp. v. Litton Saudi Arabia Ltd. California Supreme Court | 869 P.2d 454 (1994) | voided | 559 |
| Ward v. Hall Court of Appeals for the Eleventh Circuit | 592 F.3d 1144 (2010) | remanded | 514 |
| S.W.S. Erectors, Inc. v. Infax, Inc. Court of Appeals for the Fifth Circuit | 72 F.3d 489 (1996) | enforced | 488 |
| Kelly v. General Interior Construction, Inc. Texas Supreme Court | 301 S.W.3d 653 (2010) | modified | 487 |
| Carroll v. Nakatani Court of Appeals for the Ninth Circuit | 342 F.3d 934 (2003) | enforced | 484 |
| Turner v. Anheuser-Busch, Inc. California Supreme Court | 876 P.2d 1022 (1994) | enforced | 416 |
| Westech Engineering, Inc. v. Clearwater Constructors, Inc. Court of Appeals of Texas | 835 S.W.2d 190 (1992) | enforced | 393 |
| Getty Oil Co. v. Insurance Co. of North America Texas Supreme Court | 845 S.W.2d 794 (1993) | modified | 389 |
| Dolcefino v. Randolph Texas Court of Appeals, 14th District (Houston) | 19 S.W.3d 906 (2000) | enforced | 380 |
| American Family Mutual Insurance v. American Girl, Inc. Wisconsin Supreme Court | 2004 WI 2 (2004) | enforced | 366 |