2009 Texas Supreme Court Mandamus Decisions with Links to Opinions Also see --> 2008 Mandamus Rulings of the Texas Supreme Court MANDAMUS GRANTED AGAINST DISCOVERY ORDER TO LIMIT TEMPORAL SCOPE In Re Deere & Co., No. 08-1076 (Tex. Dec. 18, 2009)(per curiam)(orig. proceeding) (mandamus granted) (trial court’s order compelling production of documents found overly broad in temporal scope) IN RE DEERE & COMPANY D/B/A JOHN DEERE COMPANY AND JOHN DEERE CONSTRUCTION & FORESTRY COMPANY; from Johnson County; 10th district (10-08-00436-CV, ___ SW3d ___, 12-22-08) stay order issued January 14, 2009, lifted Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion [pdf] NON-SIGNATORIES COMPELLED TO ARBITRATE WRONGFUL DEATH CLAIMS BASED ON BENEFICIARY STATUS In Re Golden Peanut Co.,LLC, No. 09-0122 (Tex. Nov. 20, 2009)(per curiam)(mandamus compelling arbitration granted) (arbitration and nonsignatories, wrongful death plaintiffs bound by arb agreement signed by worker killed on the job as derivative claimants and must arbitrate claim against employer, pre-injury waivers, forum selection vs. waiver of substantive rights) IN RE GOLDEN PEANUT COMPANY, LLC; from Gaines County; 11th district (11 08 00215 CV, 269 SW3d 302, 11 13 08) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. EMPLOYEE REQUIRED TO ARBITRATE In Re Polymerica, LLC, No. 08-1064 (Tex. Oct. 23, 2009)(per curiam) (arbitration mandamus granted) IN RE POLYMERICA, LLC D/B/A GLOBAL ENTERPRISES, INC.; from El Paso County; 8th district (08-08-00070-CV, 271 SW3d 442, 11-25-08) stay order of February 24, 2009 lifted Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion OPINION ON DENIAL OF MOTION FOR REHEARING In Re Houston Pipe Line Co, LP., No. 08-0800 (Tex. Oct. 23, 2009)(per curiam)(opinion on motion for rehearing by real party in interest)(clarification on (non) availability of discovery prior to arbitration) IN RE HOUSTON PIPE LINE COMPANY, L.P., ET AL.; from Victoria County; 13th district (13-07-00299-CV & 13-07-00362-CV, 269 SW3d 90, 08-26-08) Supplemental Per Curiam Opinion In Re Union Pacific Railroad Co. No. 08-0740 (Tex. Sep. 25,2009)(per curiam) (discovery mandamus granted to protect trade secret, privilege, pricing information) IN RE UNION PACIFIC RAILROAD COMPANY; from Bexar County; 4th district (04-08-00388-CV, ___ SW3d ___, 08-20-08) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion In Re Liberty Mutual Fire Ins. Co., No. 08-0742 (Tex. Aug. 28, 2009)(per curiam) (worker's comp, exhaustion of administrative remedies, preauthorization of medical treatment) IN RE LIBERTY MUTUAL FIRE INSURANCE COMPANY; from Nueces County; 13th district (13-08-00129-CV, ___ SW3d ___, 08-07-08) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion In Re Greater Houston Orthopaedic Specialists, Inc. No. 08-0820 (Tex. Aug. 28, 2009)(per curiam) (effect of misnomer, nonsuit and counterclaim) IN RE GREATER HOUSTON ORTHOPAEDIC SPECIALISTS, INC.; from Cameron County; 3th district (13-08-00366-CV, ___ SW3d ___, 09-11-08) stay order issued October 17, 2008, lifted Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion In Re Weekley Homes, LP. No. 08-0836 (Tex. Aug. 28, 2009)(O'Neill) (discovery mandamus, electronic discovery, order to facilitate recovery of deleted emails from computer) IN RE WEEKLEY HOMES, L.P.; from Dallas County; 5th district (05-08-01249-CV, ___ SW3d ___, 09-24-08) The Court conditionally grants the petition for writ of mandamus. Justice O'Neill delivered the opinion of the Court. SUPREME COURT ORDERS JUDGES OF THE TRIAL COURTS TO EXPLAIN WHY THEY GRANTED NEW TRIALS: "In the Interest of Justice," WILL NO LONGER BE A SUFFICIENT BASIS In Re Columbia Medical Center of Las Colinas, No. 06-0416 (Tex. Jul. 3, 2009)(Johnson) (mandamus granted) (jury trial, reasons for trial court judge disregarding jury verdict and granting new trial required) (mandamus granted to direct trial court to elaborate on reasons for setting aside jury verdict and granting a new trial)(also see --> Judgment non obstante veredicto (JNOV) IN RE COLUMBIA MEDICAL CENTER OF LAS COLINAS, SUBSIDIARY, L.P. D/B/A LAS COLINAS MEDICAL CENTER, ANTONETTE CONNER, AND ANNA MATHEW; from Dallas County; 5th district (05-06-00611-CV, ___ SW3d ___, 05-12-06 Opinion of the Dallas Court of Appeals) as reinstated; stay order issued August 29, 2008, lifted The Court conditionally grants in part and denies in part the petition for writ of mandamus. Justice Johnson delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Brister, and Justice Willett joined. [pdf] Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson, Justice Medina, and Justice Green joined. [pdf] AFTER MANDAMUS PETITION-ABATEMENT PING-PONG INVOLVING THREE DIFFERENT TRIAL COURT JUDGES, SUPREMES ORDER THE LAST ONE TO SERVE UP A VALID EXPLANATION WHY NEW TRIAL WAS GRANTED. In Re Baylor Medical Center at Garland, No. 06-0491 (Tex. Jul. 3, 2009) (mandamus granted)(Johnson) (trial judge granted new trial and then resigned, mandamus abatement, current judge ordered to provide reason for granting new trial) IN RE BAYLOR MEDICAL CENTER AT GARLAND; from Dallas County; 5th district (05-05-01663-CV, ___ SW3d ___, 01-04-06 Opinion of the Dallas Court below) as reinstated, stay order issued August 29, 2008, lifted The Court conditionally grants in part and denies in part the petition for writ of mandamus. Justice Johnson delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Brister, and Justice Willett joined. [pdf] Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson, Justice Medina, and Justice Green joined. [pdf] View Electronic Briefs in Tex. 2009 No. 06-0491 IN RE BAYLOR MED. CTR. AT GARLAND SUPREMES DENY MANDAMUS RELIEF IN DISPUTE OVER LEGAL CAPACITY ISSUE WITH RESPECT TO ARBITRATION AGREEMENT AND ISSUE NO LESS THAN FOUR (4) SEPARATE OPINIONS. In re Morgan Stanley & Co, Inc. No. 07-0665 (Tex. Jul. 3, 2009)(Medina) (arbitration vs. litigation: legal capacity of party to arbitration agreement, does the court or the arbitrator decide the issue?) IN RE MORGAN STANLEY & CO. INC., SUCCESSOR TO MORGAN STANLEY DW, INC.; from Dallas County; 5th district (05-07-00590-CV, ___ SW3d ___, 07-17-07 Opinion by the Dallas CoA) The petition for writ of mandamus is denied. Justice Medina delivered the opinion of the Court [pdf], in which Chief Justice Jefferson, Justice Wainwright, Justice Green, Justice Johnson, and Justice Willett joined. Justice Brister delivered a concurring opinion. Justice Willett delivered a concurring opinion. Justice Hecht delivered a dissenting opinion. (Justice O'Neill not sitting) TRIAL JUDGE ORDER TO FURNISH EXPLANATION FOR GRANTING NEW TRIAL In Re E.I. Du Pont de Nemours and Co., No. 08-0625 (Tex. Jul. 3, 2009)(Johnson) (mandamus granted: trial court's grant of new trial following jury verdict requires explanation) IN RE E.I. DU PONT DE NEMOURS AND COMPANY; from Jefferson County; 9th district (09-08-00318-CV, ___ SW3d ___, 07-24-08 Opinion of the Ninth Court of Appeals) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants in part and denies in part the petition for writ of mandamus. Justice Johnson delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Brister, and Justice Willett joined. [pdf] Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson, Justice Medina, and Justice Green joined. [pdf] ARBITRATION IN OCCUPATIONAL INJURY CASE COMPELLED BY MANDAMUS In Re Macy's Texas, Inc., No. 08-0584 (Tex. Jun. 26, 2009)(per curiam) IN RE MACY'S TEXAS, INC.; from Bexar County; 4th district (04-08-00469-CV, ___ SW3d ___, [per curiam opinion of the San Antonio Court of Appeals denying mandamus relief] 07-23-08) stay order issued October 10, 2008, lifted Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion [pdf] FORUM SELECTION CLAUSE ENFORCED BY MANDAMUS In re International Profit Associates, Inc. No. 08-0531 (Tex. Jun. 12, 2009)(per curiam) (mandamus to enforce forum selection clause choice of law clause granted)(who has evidentiary burden in dispute over forum selection clause, where dispute should be litigated?) IN RE INTERNATIONAL PROFIT ASSOCIATES, INC., INTEGRATED BUSINESS ANALYSIS, INC., ACCOUNTANCY ASSOCIATES, LLC., INTERNATIONAL TAX ADVISORS, INC., AND HUEY MITCHELL, JR.; from Dallas County; 5th district (05-08-00809-CV, ___ SW3d ___, 06-30-08) stay order issued March 11, 2009, lifted Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion DISCOVERY MANDAMUS GRANTED TO VACATE PROTECTIVE ORDER IN MED-MAL SUIT In re Lester Collins, MD, No. 07-0737 (Tex. Jun. 5, 2009)(O'Neill) (court grants discovery mandamus brought by doctor; protective order lifted covering ex parte contacts with witnesses)(medical health care information privacy, patient's release as condition of bringing med-mal suit, no HIPAA preemption) IN RE LESTER COLLINS, M.D.; from Smith County; 12th district (12-06-00078-CV, 224 SW3d 798, 05-14-07) The Court conditionally grants the petition for writ of mandamus. Justice O'Neill delivered the opinion of the Court. SHAREHOLDER DERIVATIVE SUIT MANDAMUSED OUT OF EXISTENCE In Re Schmitz, No. 07-0581 (Tex. May 22, 2009)(Brister) (shareholder derivative suit, sufficiency of pre-suit demand letter, criteria for mandamus relief, proper respondent in proceeding for mandamus relief, abatement) IN RE HAROLD R. SCHMITZ, ET AL.; from Bexar County; 4th district (04-07-00359-CV, ___ SW3d ___, 07- 11-07) The Court conditionally grants the petition for writ of mandamus. Justice Brister delivered the opinion of the Court. (Chief Justice Jefferson not sitting) In Re Watkins, MD, No. 06-0653 (Tex. 2009)(Substituted concurrence by Johnson)(HCLC failure to comply with expert report requirement in health care liability suit, proper appellate remedy) IN RE MARY LOUISE WATKINS, M.D.; from Cameron County; 13th district (13-05-00765-CV & 13-06-00080- CV, 192 SW3d 672, 05-04-06) The concurring opinion by Justice Johnson issued January 23, 2009 is withdrawn and the concurring opinion issued this date is substituted. The remaining opinions, issued January 23, 2009, remain in place. In Re Gulf Exploration, LLC, No 07-0055 (Tex. Apr. 17, 2009)(mandamus granted) (arbitration mandamus, instant mandamus review and relief against order compelling arbitration -- as opposed to order denying arbitration -- not available in this case; appeal after final judgment held adequate remedy) IN RE GULF EXPLORATION, LLC, ET AL.; from Midland County; 11th district (11-06-00244-CV, 211 SW3d 828, 11-30-06) The Court conditionally grants the petition for writ of mandamus. Justice Scott Brister delivered the opinion of the Court. In Re Bank of America, N.A. (Tex. Feb. 27, 2009)(per curiam)(mandamus granted) (contractual jury waiver enforced by mandamus, conspicuousness of waiver, knowing and voluntary waiver) IN RE BANK OF AMERICA, N.A.; from Tarrant County; 2nd district (02-05-00397-CV, 232 SW3d 145, 05-03- 07) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion (Justice Johnson not sitting) In Re Lovito-Nelson, No. 08-0482 (Tex. Feb. 27, 2009)(per curiam)(mandamus granted) (written order required for grant of motion for new trial; docket control order with new trial date insufficient, plenary power) IN RE JOANNE LOVITO-NELSON; from Tarrant County Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion In Re Jindal Saw Limited, No. 08-0805 (Tex. Feb. 27, 2009)(per curiam)(mandamus granted) (arbitration, nonsignatories, wrongful death beneficiaries compelled to arbitrate, workplace death) IN RE JINDAL SAW LIMITED, JINDAL ENTERPRISES LLC, AND SAW PIPES USA; from Harris County; 1st district (01-07-01068-CV, 264 SW3d 755, 05-22-08) stay order issued October 24, 2008, lifted Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion In re Labatt Food Service, LP, No. 07-0419 (Tex. 2009)(Johnson)(mandamus granted) (arbitration mandamus, arbitration of wrongful death claim by nonsignatories compelled) IN RE LABATT FOOD SERVICE, L.P.; from Bexar County; 4th district (04-07-00312-CV, ___ SW3d ___, 05- 16-07) The Court conditionally grants the petition for writ of mandamus. Justice Johnson delivered the opinion of the Court. In re International Profit Associates, Inc. No. 08-0238 (Tex. 2009)(per curiam)(mandamus granted) IN RE INTERNATIONAL PROFIT ASSOCIATES, INC.; INTERNATIONAL TAX ADVISORS, INC.; AND IPA ADVISORY AND INTERMEDIARY SERVICES, LLC; from Hidalgo County; 13th district (13-08-00052-CV, ___ SW3d ___, 02-21-08) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion In re DFPS, No. 08-0524 (Tex. 2009)(Johnson)(mandamus) IN RE DEPARTMENT OF FAMILY & PROTECTIVE SERVICES; from Harris County; 1st district (01-08-00348- CV, 265 SW3d 545, 06-30-08) stay order issued July 3, 2008, lifted The petition for writ of mandamus is denied. Justice Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Green, and Justice Willett joined. Justice Hecht delivered a dissenting opinion, in which Justice Brister joined. Justice Brister delivered a dissenting opinion, in which Justice Hecht, Justice O'Neill, and Justice Medina joined. |
2009 TEXAS SUPREME COURT CASES
DECIDED WITH OPINIONS
DECIDED WITH OPINIONS
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