Texas Supreme Court Opinions for FY 2010

IRVING W. MARKS v. ST. LUKE'S EPISCOPAL HOSPITAL, No. 07-0783.

scope of med mal, premises liability

Opinion of the Court

Concurring

Concurring

Concurring and Dissenting

Marks (part 2): The Marks case, the Marks rule, and cases without holdings SCOTXblog (September 30, 2010)

Looking for loopholes in malpractice caps Southeast Texas Record (September 25, 2010)

Marks (part 1): Why the fuss about granting rehearing? SCOTXblog (September 22, 2010)

High Court: Broken Bed Falls Under Malpractice Cap Texas Tribune (September 22, 2010)

Turn around in the Texas Supreme Court Fort Worth Star-Telegram (September 6, 2010)

High Court Flip-Flops in Case Involving Hospital Bed Footboard Texas Lawyer (September 6, 2010)

Artful Pleading No Cure For Tort Reform Mass Torts: State of the Art (August 27, 2010)

Texas Supreme Court cites limits to med-mal law Legal Newsline (August 31, 2009)

THE STATE OF TEXAS v. CHARLES LYNN BROWNLOW AND MARLENE H. BROWNLOW, No. 08-0551.

sovereign immunity, inverse condemnation

Opinion of the Court

On the docket: Selling your lottery winnings; retaliatory discharge; land under easement hauled away for building materials SCOTXblog (December 16, 2009)

IN RE COLUMBIA VALLEY HEALTHCARE SYSTEM, L.P. D/B/A VALLEY REGIONAL MEDICAL CENTER, No. 08-0995.

disqualification

Opinion of the Court

High court: Law firm should be disqualified in case Brownsville Herald (August 28, 2010)

High Court clarifies rules on legal assistant-based disqualification Tex Parte (August 27, 2010)

Filling out the February argument sitting SCOTXblog (January 15, 2010)

KIRBY LAKE DEVELOPMENT, LTD., MITER DEVELOPMENT CO., L.L.C. AND TAYLOR LAKE, LTD. AND FRIENDSWOOD DEVELOPMENT COMPANY, LTD. v. CLEAR LAKE CITY WATER AUTHORITY, No. 08-1003.

breach of contract, local bonds

Opinion of the Court

TRANSCONTINENTAL INSURANCE COMPANY v. JOYCE CRUMP, No. 09-0005.

producing cause definition, charge

Opinion of the Court

Concurring

SAMUEL GARCIA, JR., M.D. v. MARIA GOMEZ, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF OFELIA MARROQUIN, DECEASED, No. 09-0159.

medical malpractice, dismissal, attorney's fees

Opinion of the Court

Dissenting

JEFFERSON STATE BANK v. CHRISTA C. LENK, ADMINISTRATRIX OF THE ESTATE OF MICKEY CARL MARCUS, No. 09-0269.

Opinion of the Court

New CVSG; Exxon well-plugging cases to be reheard; a (rare) improvident grant; four new grants [orders Nov. 20, 2009] SCOTXblog (November 20, 2009)

REGAL FINANCE COMPANY, LTD. AND REGAL FINANCE COMPANY II, LTD. v. TEX STAR MOTORS, INC., No. 08-0148.

UCC Article 9, commercial reasonableness, implied contracts

Opinion of the Court

Dissenting

Two decisions, three new grants, and a whole mess of petition denials [Aug. 20, 2010] SCOTXblog (August 20, 2010)

FRESH COAT, INC. v. K-2, INC., No. 08-0592.

indemnity

Opinion of the Court

Two decisions, three new grants, and a whole mess of petition denials [Aug. 20, 2010] SCOTXblog (August 20, 2010)

On the docket: cities being sued for back pay; remedies for breaching duty to a partner; who must a manufacturer of defective products reimburse SCOTXblog (December 17, 2009)

Order List for September 25, 2009 SCOTXblog (September 25, 2009)

GRANT THORNTON LLP v. PROSPECT HIGH INCOME FUND, ML CBO IV (CAYMAN), LTD., PAMCO CAYMAN, LTD., AND PAM CAPITAL FUNDING, L.P., No. 06-0975.

Opinion of the Court

Not Sitting

Grant Thornton v. Prospect High Income Fund: Tip Of The Hat For A Good Introductory Paragraph Appellate Record (July 6, 2010)

IN THE INTEREST OF B.G., C.W., E.W., B.B.W., AND J.W., CHILDREN, No. 07-0960.

263.405(i), waiver

Opinion of the Court

Not Sitting

Order List for May 1, 2009 SCOTXblog (May 1, 2009)

INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE AND MIGUEL MARTINEZ v. ARTHUR POWELL, No. 08-0345.

Per Curiam

Not Sitting

THE UNIVERSITY OF TEXAS AT EL PASO v. ALFREDO HERRERA, No. 08-1049.

Opinion of the Court

Not Sitting

SONDRA L. GROHMAN, FORMERLY KNOWN AS SONDRA GROHMAN KAHLIG v. CLARENCE J. KAHLIG, II; NORTH PARK LINCOLN-MERCURY, INC., NORTH PARK LINCOLN-MERCURY, LTD.; NORTH PARK HOLDING, L.L.P.; NORTH PARK LM, L.L.C.; KAHLIG ENTERPRISES, INC.; KAHLIG MOTOR, LTD.; KAHLIG MOTOR HOLDING, L.L.P.; AND KAHLIG MOTOR MANAGEMENT, L.L.C., No. 09-0093.

Per Curiam

Not Sitting

THE STATE OF TEXAS v. K.E.W., No. 09-0236.

involuntary commitment, psychoactive medication

Opinion of the Court

Concurring

Not Sitting

Filling out the February argument sitting SCOTXblog (January 15, 2010)

QUIXTAR INC. v. SIGNATURE MANAGEMENT TEAM, LLC, D/B/A TEAM, No. 09-0345.

Per Curiam

Not Sitting

IN RE PERVEZ DAREDIA, No. 09-1014.

Per Curiam

Not Sitting

Final Judgments: Be Careful What You Ask For Reverse and Render (July 13, 2010)

THOMAS O. BENNETT, JR., AND JAMES B. BONHAM CORPORATION v. RANDY REYNOLDS, No. 08-0074.

exemplary damages, due process

Opinion of the Court

Concurring

Not Sitting

Texas Supreme Court: Cattle Rustling Justifies Punitive Damages ... But Amount is Constitutionally Excessive Appellate Strategist (July 1, 2010)

Texas Supreme Court Delivers Some Good News To Texas Trial Lawyers Mass Torts: State of the Art (June 25, 2010)

Court tosses $1.25 million award in ranching feud Austin American-Statesman (June 25, 2010)

On the docket: Ratio for punitive damages; landowner’s duty to clear ice; later-discovered heirs SCOTXblog (December 15, 2009)

TEXAS STATE UNIVERSITY-SAN MARCOS v. SAM AND BETTY BONNIN, INDIVIDUALLY, AND AS INDEPENDENT CO-ADMINISTRATORS OF THE ESTATE OF JASON LEE BONNIN, No. 09-0061.

sovereign immunity, TTCA, incurable pleading defects

Per Curiam

Not Sitting

IN RE MERRILL LYNCH & CO., INC. AND MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, No. 09-0161.

Per Curiam

Not Sitting

2010 Arbitration Case Law: Texas Supreme Court Disputing (January 3, 2011)

Texas Supreme Court Rules that Court Abused Its Discretion By Refusing to Stay Litigation Disputing (July 7, 2010)

IN THE MATTER OF B.W., No. 08-1044.

juvenile, prostitution, age of consent

Opinion of the Court

Dissenting

Lawmakers Take Closer Aim at Human Trafficking Texas Tribune (November 11, 2010)

High court ruling could affect hundreds of kids forced into prostitution KVUE (August 6, 2010)

Change exploited kid laws Atlanta Journal-Constitution (July 12, 2010)

Casey: Prostitution charges against 13-year old criminalized victimhood Grits for Breakfast (June 23, 2010)

Child forced into prostitution below the legal age of consent is a victim, not an offender; net-worth discovery [June 18, 2010] SCOTXblog (June 18, 2010)

On the docket: Can a child too young to consent to sex have the requisite intent to commit prostitution? SCOTXblog (January 19, 2010)

WAL-MART STORES, INC. v. CHARLES T. MERRELL, SR., AS WRONGFUL DEATH BENEFICIARY OF CHARLES THOMAS MERRELL, II, DECEASED, AND AS REPRESENTATIVE OF THE ESTATE OF CHARLES THOMAS MERRELL, II AND JANE CEVERNY, AS WRONGFUL DEATH BENEFICIARY OF CHARLES THOMAS MERRELL II, DECEASED, No. 09-0224.

causation, no evidence

Per Curiam

Not Sitting

Plaintiff Expert Must Exclude Other Plausible Causation Theories Mass Tort Defense (July 1, 2010)

Wal Mart Stores, Inc. v. Merrell: The Elephant in the Room Appellate Record (June 21, 2010)

Child forced into prostitution below the legal age of consent is a victim, not an offender; net-worth discovery [June 18, 2010] SCOTXblog (June 18, 2010)

WAFFLE HOUSE, INC. v. CATHIE WILLIAMS, No. 07-0205.

negligent supervision, punitive damages

Opinion of the Court

Dissenting

Texas High Court Nixes Common-Law Claims in Sexual Harassment Suits Texas Lawyer (June 22, 2010)

Sexual harassment torts found preempted by TCHRA; homeowners policy doesn’t cover water-leak mold-damage to structure [Jun. 11, 2010] SCOTXblog (June 11, 2010)

Texas Supreme Court Serves Up Significant Victory for Texas Employers Texas Employment Law Update (June 11, 2010)

STATE FARM LLOYDS AND ERIN STRACHAN v. WANDA M. PAGE, No. 08-0799.

insurance, mold damage

Opinion of the Court

Texas Supreme Court Retreats From Its Previous Broad Mold Exclusion Ruling Property Insurance Coverage Law Blog (August 5, 2010)

Sexual harassment torts found preempted by TCHRA; homeowners policy doesn’t cover water-leak mold-damage to structure [Jun. 11, 2010] SCOTXblog (June 11, 2010)

On the docket: Texas Open Beaches Act; mold coverage; pleading a taking SCOTXblog (November 19, 2009)

Order List for June 19, 2009 SCOTXblog (June 19, 2009)

TEXAS DEPARTMENT OF CRIMINAL JUSTICE v. KIRK WAYNE MCBRIDE, SR., No. 08-0832.

Opinion of the Court

Sexual harassment torts found preempted by TCHRA; homeowners policy doesn’t cover water-leak mold-damage to structure [Jun. 11, 2010] SCOTXblog (June 11, 2010)

MARIA DEL CARMEN GUILBOT SERROS DE GONZALEZ, ET AL. v. MIGUEL ANGEL GONZALEZ GUILBOT, CARLOS A. GONZALEZ GUILBOT, AND MARIA ROSA DEL ARENAL DE GONZALEZ, No. 08-0961.

law of the case, prior federal case

Opinion of the Court

Not Sitting

Chief justice to sort out unique triple recusal case Southeast Texas Record (June 16, 2010)

Sexual harassment torts found preempted by TCHRA; homeowners policy doesn’t cover water-leak mold-damage to structure [Jun. 11, 2010] SCOTXblog (June 11, 2010)

New CVSG; Exxon well-plugging cases to be reheard; a (rare) improvident grant; four new grants [orders Nov. 20, 2009] SCOTXblog (November 20, 2009)

THE UNIVERSITY OF HOUSTON v. STEPHEN BARTH, No. 08-1001.

Per Curiam

Sexual harassment torts found preempted by TCHRA; homeowners policy doesn’t cover water-leak mold-damage to structure [Jun. 11, 2010] SCOTXblog (June 11, 2010)

ZENITH INSURANCE COMPANY v. CARMEN AYALA, No. 09-0292.

Per Curiam

Sexual harassment torts found preempted by TCHRA; homeowners policy doesn’t cover water-leak mold-damage to structure [Jun. 11, 2010] SCOTXblog (June 11, 2010)

LEILA REGENIA BROWN HIDALGO v. ALVIN STEVE HIDALGO, No. 09-0415.

seeking corrected opinion

Per Curiam

Child forced into prostitution below the legal age of consent is a victim, not an offender; net-worth discovery [June 18, 2010] SCOTXblog (June 18, 2010)

Five new grants; a remand in the interest of justice; more on contractual subrogation [May 28, 2010] SCOTXblog (May 28, 2010)

TEXAS HEALTH INSURANCE RISK POOL v. SHARON B. SIGMUNDIK, BENJAMIN J. SIGMUNDIK AND ZACHARY P. SIGMUNDIK, AS THE SOLE AND LEGAL HEIRS AND BENEFICIARIES OF THOMAS M. SIGMUNDIK, DECEASED, AND/OR OF THE ESTATE OF THOMAS M. SIGMUNDIK, DECEASED; OTTO L. MONECKE AND VIRGINIA L. MONECKE, No. 09-0772.

Per Curiam

Trial court can't cut insurer out of settlement, Texas SC rules Southeast Texas Record (June 2, 2010)

Five new grants; a remand in the interest of justice; more on contractual subrogation [May 28, 2010] SCOTXblog (May 28, 2010)

THE STATE OF TEXAS v. $281,420.00 IN UNITED STATES CURRENCY, No. 08-0465.

civil forfeiture, CVSG

Opinion of the Court

Order List for April 17, 2009 SCOTXblog (April 17, 2009)

THE TRAVELERS INSURANCE COMPANY (THE AUTOMOBILE INSURANCE COMPANY OF HARTFORD CONNECTICUT) v. BARRY JOACHIM, No. 08-0941.

want of prosecution, res judicata, nonsuit

Opinion of the Court

Filling out the February argument sitting SCOTXblog (January 15, 2010)

ERI CONSULTING ENGINEERS, INC. AND LARRY G. SNODGRASS v. J. MARK SWINNEA, BRADY ENVIRONMENTAL, INC., AND MALMEBA COMPANY, LTD., No. 07-1042.

fiduciary duty, lost profits, disgorgement, parole evidence rule

Opinion of the Court

New grant about calculating child support in divorce; seven cases decided with opinions [May 7, 2010] SCOTXblog (May 7, 2010)

On the docket: cities being sued for back pay; remedies for breaching duty to a partner; who must a manufacturer of defective products reimburse SCOTXblog (December 17, 2009)

GEFFREY KLEIN, M.D. AND BAYLOR COLLEGE OF MEDICINE v. CYNTHIA HERNANDEZ, AS THE PARENT AND NEXT FRIEND OF N.H., A MINOR, No. 08-0453.

sovereign immunity, interlocutory appeal, Health & Safety Code 312.007, medical malpractice

Opinion of the Court

Concurring

New grant about calculating child support in divorce; seven cases decided with opinions [May 7, 2010] SCOTXblog (May 7, 2010)

GEOFFREY ZIMMERMAN, M.D. v. WENDY GONZALEZ ANAYA, INDIVIDUALLY AND A/N/F OF CHRISTOPHER GABRIEL HERNANDEZ, DECEASED, No. 08-0580.

Per Curiam

SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION v. GARY FAIR AND LINDA FAIR, No. 08-0970.

slip and fall, natural condition

Opinion of the Court

New grant about calculating child support in divorce; seven cases decided with opinions [May 7, 2010] SCOTXblog (May 7, 2010)

On the docket: Ratio for punitive damages; landowner’s duty to clear ice; later-discovered heirs SCOTXblog (December 15, 2009)

Order List for August 21, 2009 SCOTXblog (August 21, 2009)

One issue that's no longer moot... SCOTXblog (August 21, 2009)

Can court crack this slippery issue? Or is the case too cold? Tex Parte (August 21, 2009)

IN RE ENSCO OFFSHORE INTERNATIONAL COMPANY, ENSCO INTERNATIONAL INCORPORATED AND ENSCO OFFSHORE COMPANY, INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST OF CHILES OFFSHORE, INC., No. 09-0317.

forum non conveniens, verified petition

Per Curiam

New grant about calculating child support in divorce; seven cases decided with opinions [May 7, 2010] SCOTXblog (May 7, 2010)

CITY OF DALLAS v. OLIVIA J. CARBAJAL, No. 09-0427.

Per Curiam

New grant about calculating child support in divorce; seven cases decided with opinions [May 7, 2010] SCOTXblog (May 7, 2010)

IN RE ODYSSEY HEALTHCARE, INC. AND GEORGE PORTILLO, No. 09-0786.

Per Curiam

2010 Arbitration Case Law: Texas Supreme Court Disputing (January 3, 2011)

Supreme Court of Texas Directs Trial Court to Vacate Order and Send Case to Arbitration Texas Employment Law Update (June 11, 2010)

Texas Supreme Court Compels Arbitration in Slip and Fall at Hospice Disputing (May 10, 2010)

New grant about calculating child support in divorce; seven cases decided with opinions [May 7, 2010] SCOTXblog (May 7, 2010)

PRESIDIO INDEPENDENT SCHOOL DISTRICT v. ROBERT SCOTT, AS COMMISSIONER OF EDUCATION, No. 08-0958.

sovereign immunity

Opinion of the Court

Guzman: Education commissioners engaged in forum shopping Southeast Texas Record (April 29, 2010)

Order List for August 21, 2009 SCOTXblog (August 21, 2009)

IN RE THE JOHN G. AND MARIE STELLA KENEDY MEMORIAL FOUNDATION, No. 04-0607.

standing, jurisdiction

Opinion of the Court

Not Sitting

THE JOHN G. AND MARIE STELLA KENEDY MEMORIAL FOUNDATION v. ANN M. FERNANDEZ, No. 08-0528.

standing, discovery rule, jurisdiction

Opinion of the Court

Not Sitting

On the docket: Ratio for punitive damages; landowner’s duty to clear ice; later-discovered heirs SCOTXblog (December 15, 2009)

THE JOHN G. AND MARIE STELLA KENEDY MEMORIAL FOUNDATION v. ANN M. FERNANDEZ, No. 08-0529.

anti-injunction

Opinion of the Court

Not Sitting

FROST NATIONAL BANK, FORMER EXECUTOR OF THE ESTATE OF ELENA SUESS KENEDY, DECEASED, AND FROST NATIONAL BANK AND PABLO SUESS, TRUSTEES OF THE JOHN G. KENEDY, JR. CHARITABLE TRUST v. ANN M. FERNANDEZ, No. 08-0534.

subject matter jurisdiction, bill of review

Opinion of the Court

Not Sitting

IN RE LISA LASER USA, INC. AND LISA LASER PRODUCTS, OHG., No. 09-0557.

Per Curiam

Not Sitting

ZINC NACIONAL, S.A. v. BOUCH� TRUCKING, INC., No. 09-0734.

Per Curiam

Not Sitting

DEL LAGO PARTNERS, INC., AND DEL LAGO PARTNERS, L.P. DOING BUSINESS UNDER THE ASSUMED NAME OF DEL LAGO GOLF RESORT & CONFERENCE CENTER, AND BMC-THE BENCHMARK MANAGEMENT COMPANY v. BRADLEY SMITH, No. 06-1022.

premises liability, criminal conduct of 3rd party

Opinion of the Court

Dissenting

Del Lago Partners v. Smith: Imprudently Correct Appellate Record (April 13, 2010)

Texas Premises Liability: A Warning May Not Be Enough Mass Torts: State of the Art (April 7, 2010)

Texas Supreme Court upholds $1.48M Del Lago judgment The Courier of Montgomery County (April 5, 2010)

Court upholds $1.48 million for brawl injuries Houston Chronicle (April 2, 2010)

Texas Supreme Court upholds liability against a bar that did not stop a brewing fight [orders of Apr. 2, 2010] SCOTXblog (April 2, 2010)

Bar Brawl Verdict Stands in Texas Supreme Court Blawgletter (April 2, 2010)

IN RE UNITED SERVICES AUTOMOBILE ASSOCIATION, No. 07-0871.

limitations, adequate remedy by appeal, tolling

Opinion of the Court

Not Sitting

In re United Services Automobile Ass'n: How To Sleep Like A Baby Appellate Record (April 5, 2010)

If you intentionally sue in the wrong court, don’t expect mercy [orders of Mar. 26, 2010] SCOTXblog (March 31, 2010)

In re USAA: Chuck Norris And The SCOTX Mandamus Standard Appellate Record (March 29, 2010)

SCOTX Update: Mandamus and Forum Shopping Appellate Record (March 26, 2010)

IN RE LAIBE CORPORATION, No. 09-0426.

forum selection clause

Per Curiam

SCOTX Update: Mandamus and Forum Shopping Appellate Record (March 26, 2010)

EAST TEXAS SALT WATER DISPOSAL COMPANY, INC. v. RICHARD LEON WERLINE, No. 07-0135.

arbitration

Opinion of the Court

Concurring

Dissenting

2010 Arbitration Case Law: Texas Supreme Court Disputing (January 3, 2011)

Texas Supreme Court Clarifies Appeals Under the Texas Arbitration Act Disputing (March 26, 2010)

A district court order vacating a Texas arbitration award and ordering a new proceeding can be immediately appealed SCOTXblog (March 12, 2010)

SPIR STAR AG v. LOUIS KIMICH, No. 07-0340.

personal jurisdiction, products liability, foreign manufacturer

Opinion of the Court

Texas Supreme Court Find Jurisdiction Over Foreign Manufacturer K&L Construction Law Blog (April 5, 2010)

TXI TRANSPORTATION COMPANY, ET AL. v. RANDY HUGHES, ET AL., No. 07-0541.

Batson, inflammatory jury argument

Opinion of the Court

Concurring and Dissenting

Not Sitting

Testimony about a driver’s illegal-immigrant status was harmful error and cause for a new trial SCOTXblog (March 12, 2010)

Court asked to void $15.8 million award Austin American-Statesman (May 26, 2009)

TEXAS DEPARTMENT OF INSURANCE v. RECONVEYANCE SERVICES, INC., No. 07-0786.

UDJA, Justiciability, agency jurisdiction

Per Curiam

An ultra vires suit must be pleaded against state officials in their official capacities, not the state itself SCOTXblog (March 12, 2010)

SPECTRUM HEALTHCARE RESOURCES, INC., AND MICHAEL SIMS v. JANICE MCDANIEL AND PATRICK MCDANIEL, No. 07-0787.

expert report, medical malpractice, expert reports

Opinion of the Court

Dissenting

When does a trial court’s discovery schedule extend the 120-day statutory deadline for medical expert reports? SCOTXblog (March 12, 2010)

TANGIE WALTERS v. CLEVELAND REGIONAL MEDICAL CENTER, SHIRLEY KIEFER, AND KEITH SPOONER, M.D., No. 08-0169.

medical malpractice, discovery rule, statute of limitations

Opinion of the Court

Cases to test time limits on lawsuits Austin American-Statesman (September 28, 2009)

METHODIST HEALTHCARE SYSTEM OF SAN ANTONIO, LTD., L.L.P., W.C. SCHORLEMER, M.D., AND ROBERT SCHORLEMER, M.D. v. EMMALENE RANKIN, No. 08-0316.

medical malpractice, statute of repose

Opinion of the Court

Case: Statute of Repose in Medical Malpractice in Texas SCOTXblog (November 19, 2009)

Texas AG defends state medical malpractice reforms Legal Newsline (November 19, 2009)

Abbott asks court to throw out sponge lawsuit Austin American-Statesman (November 18, 2009)

Cases to test time limits on lawsuits Austin American-Statesman (September 28, 2009)

IN RE COLUMBIA MEDICAL CENTER OF LAS COLINAS, INC. D/B/A LAS COLINAS MEDICAL CENTER, No. 09-0733.

proportionality of punitive damages

Per Curiam

SOUTHWESTERN BELL TELEPHONE COMPANY v. MARKETING ON HOLD, INC. D/B/A SOUTHWEST TARIFF ANALYST, No. 05-0748.

class action, class certification

Opinion of the Court

Dissenting

Not Sitting

New grant about calculating child support in divorce; seven cases decided with opinions [May 7, 2010] SCOTXblog (May 7, 2010)

Can't Get An Opinion?: Sue the Court! Appellate Strategist (March 4, 2010)

Texas SC: Class representation by assignment should be scrutinized Southeast Texas Record (February 25, 2010)

Supreme Court Issues Opinion in Case Eight Days After Being Sued By Parties Texas Lawyer (February 19, 2010)

Texas Supremes Deem Assignee Inadequate Class Representative Blawgletter (February 19, 2010)

Four opinions, with the first dissents and concurrence of the Term [Feb. 19, 2010] SCOTXblog (February 19, 2010)

Federal suit against the Texas Supreme Court asking for a quicker ruling SCOTXblog (February 15, 2010)

CITY OF WACO, TEXAS v. LARRY KELLEY, No. 07-0485.

civil service suspension

Opinion of the Court

Four opinions, with the first dissents and concurrence of the Term [Feb. 19, 2010] SCOTXblog (February 19, 2010)

Nine-Year Legal Fight Over Waco Police Official's Firing Not Over Yet KWTX (February 19, 2010)

CITY OF DALLAS v. GREG ABBOTT, ATTORNEY GENERAL OF TEXAS, No. 07-0931.

PIA

Opinion of the Court

Dissenting

Not Sitting

Texas high court resets clock on records requests Austin American-Statesman (February 27, 2010)

On the Records: 10 Days, Give or Take Texas Tribune (February 22, 2010)

Texas high court redefines response time in state open records law Reporters Committee for Freedom of the Press (February 22, 2010)

Four opinions, with the first dissents and concurrence of the Term [Feb. 19, 2010] SCOTXblog (February 19, 2010)

IN RE ADM INVESTOR SERVICES, INC., No. 08-0570.

Opinion of the Court

Concurring

Four opinions, with the first dissents and concurrence of the Term [Feb. 19, 2010] SCOTXblog (February 19, 2010)

GALLAGHER HEADQUARTERS RANCH DEVELOPMENT, LTD., CHRIS HILL AND JULIE HOOPER v. CITY OF SAN ANTONIO AND CITY PUBLIC SERVICE, No. 08-0773.

contract with the voters

Per Curiam

GALVESTON INDEPENDENT SCHOOL DISTRICT v. BRENT JACO, No. 09-0195.

Per Curiam

Not Sitting

IN THE MATTER OF R.D., A JUVENILE, No. 09-0343.

juvenile justice, pellet gun, deadly weapon

Per Curiam

IN RE J.H.G., No. 09-0531.

Per Curiam

JOHNNY CARROLL, INDIVIDUALLY AND AS TRUSTEE OF THE JOHNNY CARROLL TRUST v. LETHA FRANCES CARROLL AND DONALD CARROLL, No. 08-0644.

default judgment, notice, exemplary damages

Per Curiam

Texas SC: Court at Law judge had no jurisdiction in $3.8 M probate case Southeast Texas Record (January 21, 2010)

Jurisdiction over corporate officers still requires minimum contacts (orders of Jan. 15, 2010) SCOTXblog (January 15, 2010)

DAN KELLY AND LAURA HOFSTATTER v. GENERAL INTERIOR CONSTRUCTION, INC., No. 08-0669.

personal jurisdiction, corporate officers

Opinion of the Court

Jurisdiction over corporate officers still requires minimum contacts (orders of Jan. 15, 2010) SCOTXblog (January 15, 2010)

Texas Supreme Court Justice Eva Guzman feels the need for speed Tex Parte (January 15, 2010)

On the docket: Suing to enforce a city referendum; med mal experts; jurisdiction over corporate officers SCOTXblog (November 18, 2009)

IN RE UNITED SCAFFOLDING, INC., No. 09-0403.

motion for new trial

Per Curiam

Jurisdiction over corporate officers still requires minimum contacts (orders of Jan. 15, 2010) SCOTXblog (January 15, 2010)

ED VANEGAS, JIMMY D. HALMAN, SAM ARMSTRONG, ALEX CARBAJAL, ROGER FARRINGTON, CURTIS HUFF, AND TITO BETANCUR v. AMERICAN ENERGY SERVICES, NIEWOEHNER PARTNERSHIP, L.P., RCH/HSJ/CCM/MCPI, L.P., AUTRY STEPHENS, JOHN CARNETT, BRACK BLACKWOOD, AND DENNIE MARTIN, No. 07-0520.

unilateral contract, at-will employment, contract, illusory

Opinion of the Court

Employer’s promise to pay employees a merger bonus; discovery cannot go back forever; correction deeds to real estate [orders of Dec. 18, 2009] SCOTXblog (December 18, 2009)

Company must honor pledge to workers, Supreme Court says Austin American-Statesman (December 18, 2009)

MYRAD PROPERTIES, INC. v. LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC COMMERCIAL MORTGAGE SECURITES, INC., COMMERICIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1997-C1, ROBIN GREEN, AND MELISSA COBB, No. 08-0444.

correction deed, foreclosure sale, wrongful foreclosure, equitable rescission, mutual mistake

Opinion of the Court

Employer’s promise to pay employees a merger bonus; discovery cannot go back forever; correction deeds to real estate [orders of Dec. 18, 2009] SCOTXblog (December 18, 2009)

THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS v. LARRY M. GENTILELLO, M.D., No. 08-0696.

Whistleblower Act, jurisdictional requirements

Per Curiam

Employer’s promise to pay employees a merger bonus; discovery cannot go back forever; correction deeds to real estate [orders of Dec. 18, 2009] SCOTXblog (December 18, 2009)

IN RE DEERE & COMPANY D/B/A JOHN DEERE COMPANY AND JOHN DEERE CONSTRUCTION & FORESTRY COMPANY, No. 08-1076.

scope of discovery

Per Curiam

Employer’s promise to pay employees a merger bonus; discovery cannot go back forever; correction deeds to real estate [orders of Dec. 18, 2009] SCOTXblog (December 18, 2009)

D.R. HORTON-TEXAS, LTD. v. MARKEL INTERNATIONAL INSURANCE COMPANY, LTD., No. 06-1018.

Eight Corners Rule, duty to indemnify, insurance

Opinion of the Court

Not Sitting

Federal District Judge Says Texas' 'Eight Corners' Rule Is No Longer Law. Really? Law and Insurance (June 25, 2010)

Is the Duty to Indemnify Dependent on the Duty to Defend? Texas Insurance Law Blog (February 1, 2010)

Texas Policy Holders Win Big in Texas High Court Duty-To-Indemnify Decision Law and Insurance (December 11, 2009)

The test for causation under the DTPA; an insurer’s duty to cover a homebuilder for mold; expert testimony [orders of Dec. 11, 2009] SCOTXblog (December 11, 2009)

Currently pending cases involving new Justice Eva Guzman SCOTXblog (October 8, 2009)

Order List for August 21, 2009 SCOTXblog (August 21, 2009)

Order List for June 26, 2009 SCOTXblog (June 26, 2009)

METRO ALLIED INSURANCE AGENCY, INC. AND C. MICHAEL MCGLOTHLIN v. SHIHCHE E. LIN, INDIVIDUALLY AND D/B/A APTUS COMPANY, AND SUNG-PING H. LIN, No. 07-1032.

Per Curiam

The test for causation under the DTPA; an insurer’s duty to cover a homebuilder for mold; expert testimony [orders of Dec. 11, 2009] SCOTXblog (December 11, 2009)

WHIRLPOOL CORPORATION v. MARGARITA CAMACHO, ET AL., No. 08-0175.

design defect

Opinion of the Court

Not Sitting

Justices say expert opinion not enough proof in dryer fire case Southeast Texas Record (December 15, 2009)

Texas Supreme Court Reverses Award Against Whirlpool, Reaffirms Expert Reliability Standards Mass Torts: State of the Art (December 15, 2009)

The test for causation under the DTPA; an insurer’s duty to cover a homebuilder for mold; expert testimony [orders of Dec. 11, 2009] SCOTXblog (December 11, 2009)

EXXON MOBIL CORPORATION v. DAN GILL, ET AL., No. 07-0404.

class action, class certification, good faith, UCC

Per Curiam

Not Sitting

Couple's fight with pipeline company pits Texans' love of oil vs. love of land Victoria Advocate (January 29, 2012)

New CVSG; Exxon well-plugging cases to be reheard; a (rare) improvident grant; four new grants [orders Nov. 20, 2009] SCOTXblog (November 20, 2009)

ZACHRY CONSTRUCTION CORPORATION, ET AL. v. TEXAS A&M UNIVERSITY, No. 07-1050.

sovereign immunity, responsible third party, comparative responsibility, improvident grant

Per Curiam

Not Sitting

Court ruling clears way for bonfire lawsuits Austin American-Statesman (November 21, 2009)

Texas Supreme Court may send A&M bonfire case back to trial court Fort Worth Star-Telegram (November 20, 2009)

Texas Supreme Court dismisses as improvidently granted petitions for review in bonfire case filed by Zachry Construction Corp. and Scott-Macon Ltd. Tex Parte (November 20, 2009)

New CVSG; Exxon well-plugging cases to be reheard; a (rare) improvident grant; four new grants [orders Nov. 20, 2009] SCOTXblog (November 20, 2009)

Justices hear arguments in Texas A&M bonfire case Legal Newsline (September 8, 2009)

Bonfire case first to be argued in Texas Supreme Court’s new term Texas Lawyer (September 8, 2009)

Texas Supreme Court to hear bonfire case Tex Parte (May 15, 2009)

Order List for May 15, 2009 SCOTXblog (May 15, 2009)

THE STATE OF TEXAS v. CENTRAL EXPRESSWAY SIGN ASSOCIATES, ET AL., No. 08-0061.

Opinion of the Court

Not Sitting

New CVSG; Exxon well-plugging cases to be reheard; a (rare) improvident grant; four new grants [orders Nov. 20, 2009] SCOTXblog (November 20, 2009)

CITY OF WACO v. DEBRA KIRWAN, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF BRAD MCGEHEE, DECEASED, No. 08-0121.

Texas Tort Claims Act, recreational use statute, sovereign immunity

Opinion of the Court

A peaceful term (so far) at the Texas Supreme Court SCOTXblog (February 4, 2010)

Justices find Waco not negligent in death of man who fell from cliff Southeast Texas Record (December 2, 2009)

Editorial: High court's ruling reminds us that our actions often seal our fate Waco Tribune (November 28, 2009)

Texas Supreme Court dismisses lawsuit vs. Waco in Cameron Park death Waco Tribune (November 21, 2009)

Texas Supreme Court Favors Waco In Suit Over Deadly Cameron Park Fall KWTX (November 20, 2009)

New CVSG; Exxon well-plugging cases to be reheard; a (rare) improvident grant; four new grants [orders Nov. 20, 2009] SCOTXblog (November 20, 2009)

MIDLAND WESTERN BUILDING L.L.C. v. FIRST SERVICE AIR CONDITIONING CONTRACTORS, INC., No. 08-0504.

Per Curiam

New CVSG; Exxon well-plugging cases to be reheard; a (rare) improvident grant; four new grants [orders Nov. 20, 2009] SCOTXblog (November 20, 2009)

IN RE GOLDEN PEANUT COMPANY, LLC, No. 09-0122.

Per Curiam

Texas Supreme Court Compels Nonsignatories to Arbitrate Wrongful Death Claims Disputing (December 2, 2009)

New CVSG; Exxon well-plugging cases to be reheard; a (rare) improvident grant; four new grants [orders Nov. 20, 2009] SCOTXblog (November 20, 2009)

SHANE WATSON v. SHIRLEY NEWMAN AND JILL WATKINS, No. 09-0166.

official immunity

Dissenting

New CVSG; Exxon well-plugging cases to be reheard; a (rare) improvident grant; four new grants [orders Nov. 20, 2009] SCOTXblog (November 20, 2009)

AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P. v. NATIONAL DEVELOPMENT AND RESEARCH CORPORATION, No. 07-0818.

Opinion of the Court

Not Sitting

Texas Supreme Court Addresses Attorney's Fees as Damages Reverse and Render (November 12, 2009)

Legal Malpractice Plaintiffs Can Recoup Fees Paid to Fix Lawyers' Mistakes Texas Lawyer (November 9, 2009)

Texas SC weighs in on fees from negligent lawyers Southeast Texas Record (November 5, 2009)

Akin Gump v NDR - Practical Consequences of Allowing Attorneys' Fees as Damages Legal Malpractice Law Review (November 2, 2009)

The Hidden Issue in Akin Gump v NDR Legal Malpractice Law Review (November 2, 2009)

Texas Supreme Court Holds, like New Jersey, that Attorneys' Fees in a Later Legal Malpractice Action are Compensable Damages Legal Malpractice Law Review (October 30, 2009)

Five new Texas Supreme Court opinions [Order List for Oct. 30, 2009] SCOTXblog (October 30, 2009)

Texas Supreme Court: Legal malpractice client can recover fees it paid Tex Parte (October 30, 2009)

AQUAPLEX, INC. AND JAMES EDWARD JONES, JR. v. RANCHO LA VALENCIA, INC. AND CHARLES R. "RANDY" TURNER, No. 08-0280.

Per Curiam

Does evidence of fraudulent intent also show causation? SCOTXblog (November 11, 2009)

When does evidence of intent equate with causation? Reverse and Render (November 10, 2009)

Five new Texas Supreme Court opinions [Order List for Oct. 30, 2009] SCOTXblog (October 30, 2009)

CITY OF HOUSTON, TEXAS v. TRAIL ENTERPRISES, INC. D/B/A WILSON OIL COMPANY, ET AL., No. 08-0413.

Per Curiam

Five new Texas Supreme Court opinions [Order List for Oct. 30, 2009] SCOTXblog (October 30, 2009)

CHRYSLER INSURANCE COMPANY v. GREENSPOINT DODGE OF HOUSTON, INC., No. 08-0780.

Per Curiam

Not Sitting

Texas Supreme Court: Insurance Coverage Dispute Involving a $1.5 Million Arbitration Award Disputing (November 5, 2009)

Five new Texas Supreme Court opinions [Order List for Oct. 30, 2009] SCOTXblog (October 30, 2009)

INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA v. EDWARD LEJEUNE, No. 08-0829.

Per Curiam

Five new Texas Supreme Court opinions [Order List for Oct. 30, 2009] SCOTXblog (October 30, 2009)

MISSOURI PACIFIC RAILROAD COMPANY D/B/A UNION PACIFIC RAILROAD COMPANY v. PATRICIA LIMMER, BILLYE JOYCE SMITH, AND BOBBY JEAN NOTHNAGEL, No. 06-0023.

Opinion of the Court

Not Sitting

Texas SC reverses $5M verdict against Union Pacific Southeast Texas Record (October 29, 2009)

Texas SCt holds refactorized tape attached to crossbuck is a warning device Federal Preemption Blog (October 25, 2009)

Texas Supreme Court Decides 5 Cases, Grants Review in 13 More [Order List for October 23, 2009] SCOTXblog (October 23, 2009)

DENNIS L. MIGA v. RONALD L. JENSEN, No. 07-0123.

Opinion of the Court

LAURI SMITH AND HOWARD SMITH v. PATRICK W.Y. TAM TRUST, No. 07-0970.

Opinion of the Court

Not Sitting

New CVSG; Exxon well-plugging cases to be reheard; a (rare) improvident grant; four new grants [orders Nov. 20, 2009] SCOTXblog (November 20, 2009)

Supreme Court Limits Entitlement to Attorney's Fees Reverse and Render (November 17, 2009)

Tam Trust: Unreasonably Reasonable Attorneys’ Fees Trials and Errors Blog (November 13, 2009)

Texas Supreme Court grants new trial to decide attorney's fee Southeast Texas Record (November 11, 2009)

IN RE HOUSTON PIPE LINE COMPANY, L.P., ET AL., No. 08-0800.

arbitration, discovery

Per Curiam

Texas Supreme Court Finds that Court Abused Its Discretion by Allowing Pre-Arbitration Discovery Disputing (July 21, 2009)

UNIFUND CCR PARTNERS v. JAVIER VILLA, No. 08-1026.

Per Curiam

IN RE POLYMERICA, LLC D/B/A GLOBAL ENTERPRISES, INC., No. 08-1064.

Per Curiam

Supreme Court of Texas Compels Arbitration of Discrimination and Retaliation Claims Texas Employment Law Update (October 26, 2009)

IN RE UNION PACIFIC RAILROAD COMPANY, No. 08-0740.

trade secrets

Per Curiam

Texas Supreme Court Agrees With Railroad - Trade Secrets Needn't Be Disclosed Womble Carlyle Trade Secrets Blog (October 5, 2009)

Justices: No reason for railroad to share trade secrets with plaintiff Southeast Texas Record (October 1, 2009)

Plaintiffs dealt setback in derailment lawsuit San Antonio Express-News (September 26, 2009)

Order List for September 25, 2009 SCOTXblog (September 25, 2009)

Data Feeds and Other Resources
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Texas Supreme Court Opinions for FY 2010

Showing all opinions

Opinions from August 27, 2010

Opinions from August 20, 2010

Opinions from July 2, 2010

Opinions from June 25, 2010

Opinions from June 18, 2010

Opinions from June 11, 2010

Opinions from May 28, 2010

Opinions from May 14, 2010

Opinions from May 7, 2010

Opinions from April 23, 2010

Opinions from April 16, 2010

Opinions from April 9, 2010

Opinions from April 2, 2010

Opinions from March 26, 2010

Opinions from March 12, 2010

Opinions from February 19, 2010

Opinions from February 12, 2010

Opinions from January 22, 2010

Opinions from January 15, 2010

Opinions from December 18, 2009

Opinions from December 11, 2009

Opinions from November 20, 2009

Opinions from October 30, 2009

Opinions from October 23, 2009

Opinions from September 25, 2009

Data Feeds and Other Resourcesfor the Public

Texas Supreme Court Opinions for FY 2010

Showing all opinions

Opinions from August 27, 2010

Opinions from August 20, 2010

Opinions from July 2, 2010

Opinions from June 25, 2010

Opinions from June 18, 2010

Opinions from June 11, 2010

Opinions from May 28, 2010

Opinions from May 14, 2010

Opinions from May 7, 2010

Opinions from April 23, 2010

Opinions from April 16, 2010

Opinions from April 9, 2010

Opinions from April 2, 2010

Opinions from March 26, 2010

Opinions from March 12, 2010

Opinions from February 19, 2010

Opinions from February 12, 2010

Opinions from January 22, 2010

Opinions from January 15, 2010

Opinions from December 18, 2009

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Opinions from November 20, 2009

Opinions from October 30, 2009

Opinions from October 23, 2009

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