Opinions by Former Texas Supreme Court Justice Harriet O'Neill (Tex. 2008-2010)

May 2010. Justice O'Neill announces resignation effective June 20 (see--> press release)
Aug. 6, 2009. Justice O'Neill announces she will not seek re-election in 2010, thus creating open-
seat bench contest. (see --> S tatement)

OPINIONS BY HARRIET O'NEILL (Tex. 2010)

State Farm Lloyds v. Page, No. 08-0799 (Tex. June 11, 2010)(O'Neill)(insurance coverage, mold
damage)
Once again we are called upon to interpret the Texas Standard Homeowner’s Policy—Form B, in this instance to decide
whether it affords coverage for mold contamination resulting from plumbing leaks. We hold that when a plumbing leak
results in mold contamination, the policy covers mold damage to personal property but not to the dwelling. Accordingly, we
reverse the court of appeals’ judgment in part, affirm in part, and remand to the trial court for further proceedings.
STATE FARM LLOYDS AND ERIN STRACHAN v. WANDA M. PAGE;
from Johnson County; 10th district (10‑07‑00228‑CV, 259 SW3d 257, 06‑11‑08)
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the
trial court.
Justice O'Neill delivered the opinion of the Court. [pdf]
View Electronic Briefs in 08-0799 STATE FARM LLOYDS v. PAGE

State of Texas v. $281,430, No. 08-0465 (Tex. May 14, 2010)(O'Neill)
(civil forfeiture case, truck driver failed to show entitlement to money hidden in truck and unclaimed by
owner)
THE STATE OF TEXAS v. $281,420.00 IN UNITED STATES CURRENCY; from Hidalgo County; 13th district
(13-06-00158-CV, ___ SW3d ___, 04-03-08)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice O'Neill delivered the opinion of the Court [pdf]
View E -Briefs in No. 08-0465 THE STATE OF TEXAS v. $281,420.00 IN UNITED STATES CURRENCY

SWBT Co. v. Marketing on Hold, Inc,. No. 05-0748 (Tex. Feb. 19, 2010)(Majority opinion by Wainwright)
(class action undone, class de-certified in interlocutory appeal, standing)
SOUTHWESTERN BELL TELEPHONE COMPANY v. MARKETING ON HOLD, INC. D/B/A SOUTHWEST
TARIFF ANALYST; from Cameron County; 13th district (13-03-00287-CV, 170 SW3d 814, 08-04-05)
emergency motion for expedited decision dismissed as moot
motion to dismiss denied
motion for damages and sanctions denied
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Wainwright delivered the opinion of the Court, in which Justice Hecht, Justice Green, Justice
Johnson, and Justice Willett joined.
Justice Harriet O'Neill delivered a dissenting opinion in SW Bell Telephone Co. v.
Markeing on Hold, in which Chief Justice Jefferson and Justice Medina joined.
(Justice Guzman not sitting)

City of Dallas v. Abbott, AG, No. 07-0931 (Tex. Feb. 19, 2010)(Majority opinion by O'Neill)(Public
Information Act (PIA)) (exceptions from mandatory disclosure)
CITY OF DALLAS v. GREG ABBOTT, ATTORNEY GENERAL OF TEXAS; from Travis County;
7th district (07-06-00161-CV, 279 SW3d 806, 08-13-07)
The Court reverses the court of appeals' judgment and renders judgment.
Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Medina, Justice Green, and Justice Guzman joined.
Justice Wainwright delivered a dissenting opinion in City of Dallas v. Abbott,
in which Justice Johnson joined.
(Justice Willett not sitting)

2009 OPINIONS AUTHORED BY JUSTICE O'NEILL

Zachry Construction Corp v. Texas A&M University, No. 07-1050 (Tex. Nov. 20, 2009) (O'Neill)(opinion on
order ungranting petition for review) (A&M bonfire litigation aftermath, proportionate responsibility,
responsible third party) (petition for review mooted by settlement and status change to "settling person")
ZACHRY CONSTRUCTION CORPORATION, ET AL. v. TEXAS A&M UNIVERSITY; from Brazos County; 10th
district (10 05 00139 CV, 236 SW3d 801, 11 14 07)
2 petitions, motion to dismiss denied
The Court withdraws its order of May 15, 2009, granting the petitions for review, as the petitions were
improvidently granted. The petitions for review are denied.
Justice O'Neill delivered the opinion of the Court.
(Justice Willett not sitting)

State of Texas v. Central Expressway Sign Associates, No. 08-0061 (Tex. Nov. 20, 2009)(Subst. Op. by
O'Neill) (condemnation, proper method for determining market value, admissibility of expert testimony,
methods to appraise market value of condemned property)
THE STATE OF TEXAS v. CENTRAL EXPRESSWAY SIGN ASSOCIATES, ET AL.; from Dallas County;
5th district (05 06 00003 CV, 238 SW3d 800, 08 31 07)
motion for rehearing denied
The Court's opinion of June 26, 2009 is withdrawn and the opinion of this date is issued.
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice O'Neill delivered the opinion of the Court.
(Justice Guzman not sitting)

TEXAS SUPREME COURT ORDERS TRIAL COURTS TO EXPLAIN WHY THEY GRANTED NEW TRIALS:
"In the Interest of Justice" - no longer passes muster.
Justice O'Neill takes majority to task for casting aside precedent and seeking to micro-manage
trial courts by mandamus in the absence of rule or statutory authorization for interlocutory
review. Chief Jefferson and Justices Green and Medina join her dissent |
COMMENTARY: The Great Dissenter: Justice Harriet O'Neill's Parting Shots
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 issued to order trial court to elaborate on reasons for setting aside jury verdict and granting
new trial)(also see --> 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.
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson, Justice Medina, and
Justice Green joined.

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.
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson, Justice Medina, and
Justice Green joined.

Dealers Electrical Supply Co. v. Scoggins Construction Co, Inc., No. 08-0272 (Jul. 3, 2009)
(O'Neill) (construction law: bond requirement for workers and materialmen, supplie rs of materials,
exclusive remedy, Texas Construction Trust Fund Act)
DEALERS ELECTRICAL SUPPLY CO. v. SCOGGINS CONSTRUCTION COMPANY, INC. AND
BILL R. SCOGGINS; from Hidalgo County;
13th district (13-06-00368-CV, ___ SW3d ___, 12-20-07 Opinion by the Thirteenth Court of Appeals)
The Court reverses the court of appeals' judgment and remands the case to that court.
Justice O'Neill delivered the opinion of the Court. [pdf]
Electronic Briefs in Tex. No. 08-0272 DEALERS ELECTRICAL SUPPLY CO. v. SCOGGINS
CONSTRUCTION CO., INC.

PROBATE: UNDER WHAT CIRCUMSTANCES CAN THE EXECUTOR SUE THE ATTORNEY OF THE
DECEASED?
Smith v. O'Donnell, No. 07-0697 (Tex. Jun. 26, 2009)(O'Neill)(PROBATE LAW: legal malpractice suit by
executor of estate against decedent's attorney, non-estate planning, gross negligence, malice standard
not met)
PAUL H. SMITH, ET AL. v. THOMAS O'DONNELL, EXECUTOR OF THE ESTATE OF CORWIN DENNEY;
from Bexar County; 4th district (04 -04 -00108 -CV, 234 SW3d 135, 07-25-07) 2 petitions
The Court affirms the court of appeals' judgment.
Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Brister, Justice
Medina, and Justice Johnson joined. [pdf - 11 pgs]
Justice Willett delivered a dissenting opinion, in which Justice Wainwright joined. [pdf]
(Justice Hecht and Justice Green not sitting)
View Electronic Briefs in Smith v. O'Donnell (Tex. 2009)

STATE'S CONDEMNATION DAMAGES EXPERT SHOULD NOT HAVE BEEN STRUCK,
State of Texas v. Central Expressway Sign Ass'n. No. 08-0061 (Tex. Jun. 26, 2009)(O'Neill)
(admissibility of expert testimony, methods of appraising value of condemned property, here billboard
easement)(exclusion of expert witness testimony was erroneous and harmful, judgment reversed)
THE STATE OF TEXAS v. CENTRAL EXPRESSWAY SIGN ASSOCIATES, ET AL.; from Dallas County; 5th
district (05 -06 -00003 -CV, 238 SW3d 800, 08-31-07)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice O'Neill delivered the opinion of the Court. [pdf]
View E -Briefs in THE STATE OF TEXAS v. CENTRAL EXPRESSWAY SIGN ASSOCIATES (Tex. 2009)

Mandamus Granted to Lift Protective Order In Health Care Liability Suit
I n re Lester Collins, MD, No. 07-0737 (Tex. Jun. 5, 2009)(O'Neill)
(discovery mandamus, protective order, ex parte contacts with witnesses)
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.

Denton County v. Beynon, No. 08-0016 (Tex. May 1, 2009)(Willett)
(Texas Tort Claims Act TTCA governmental immunity waiver, special defect hazardous road condition s)
DENTON COUNTY, TEXAS v. DIANNE BEYNON AND ROGER BEYNON, INDIVIDUALLY, ET AL.; from
Denton County; 2nd district (02-07-00066-CV, 242 SW3d 169, 11-29-07)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and dismisses the case.
Justice Willett delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Brister,
Justice Green, and Justice Johnson joined.
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Medina
joined.(would hold that flood gate pole on side of road that pointed toward oncoming traffic and impaled
swerving driver's car and injured passenger was special defect under TTCA)

Phillips MD v. Bramlett, No. 07-0522 (Tex. Mar. 6, 2009)(Medina)
(insurance law, Stowers doctrine, liability cap)
BENNY P. PHILLIPS, M.D. v. DALE BRAMLETT, INDIVIDUALLY AND AS INDEPENDENT ADMINISTRAPTOR
OF THE ESTATE OF VICKI BRAMLETT, DECEASED, SHANE FULLER AND MICHAEL FULLER; from
Lubbock County; 7th district (07-05-00456-CV, 258 SW3d 158, 03-19-07)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Medina delivered the opinion of the Court, in which Justice Wainwright, Justice Brister, Justice
Johnson, and Justice Willett joined.
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson, Justice Hecht, and
Justice Green joined.

In re Coppock, No. 08-0093 (Tex. 2009)(O'Neill)
(contempt in divorce case overturned by habeas corpus)
IN RE GAYLE E. COPPOCK; from Denton County; 2nd district (02-07-00427-CV, ___ SW3d ___,
01-04-08)
The Court grants the petition for writ of habeas corpus and sets aside the order of contempt.
Justice O'Neill delivered the opinion of the Court.

2008 Texas Supreme Court Cases with Opinions by Justice O'Neill

PRODUCTIVITY: With 12 majority opinion Justice Harriet O'Neill contributed the
highest number of signed opinions to the Court's Fiscal Year 2008 jurisprudence.
O'Neill also wrote 9 per curiam opinions, four concurring opinions, three dissents,
and another three opinions dissenting and concurring in part, and one opinion on
denial of Supreme Court review, for a total output of 32. Only Scott Brister wrote
more opinions in the same time period (38).

Kerlin v. Sauceda, No. 05-0653 (Tex. Oct. 10, 2008)(substituted Opinion by O'Neill)
(oil and gas law, statute of limitations not tolled, admissibility of affidavit, lack of personal knowledge)
Kerlin v. Sauceda, No. 05-0653 (Tex. Aug. 29, 2008)(original, superseded, opinion by O'Neill)
(oil and gas royalties, claims barred by limitations)
GILBERT KERLIN, INDIVIDUALLY, GILBERT KERLIN, TRUSTEE, WINDWARD OIL & GAS CORP., AND PI
CORP. v. CONCEPCION SAUCEDA, ET AL.; from Cameron County; 13th district
(13-01-00062-CV, 164 SW3d 892, 06-09-05)
petitioners' motion to consolidate dismissed as moot
The Court reverses the court of appeals' judgment and renders judgment.
Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright,
Justice Medina, Justice Green, and Justice Johnson joined.
Justice Brister delivered a concurring opinion, in which Justice Hecht, Justice Medina, and Justice Willett
joined.

In re Poly-America, LP, No. 04-1049 (Tex. Aug. 29, 2008)(O'Neill)
(arbitration in employment context, retaliatory discharge, mandamus review of order compelling arbitration)
IN RE POLY-AMERICA, L.P., IND. AND D/B/A POL-TEX INTERNATIONAL, AND POLY-AMERICA GP, L.L.C.;
from Chambers County; 1st district
(01-03-01055-CV, 175 SW3d 315, 09-09-04)
The Court conditionally grants the petition for writ of mandamus.
Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Wainwright, Justice Medina, Justice Green, and Justice Johnson joined.
Justice Brister delivered a dissenting opinion.
(Justice Willett not sitting)

State of Texas v. Brown, No. 05-0236 (Tex. Aug. 29, 2008)(Johnson)
(condemnation, fees to landowner reversed))
THE STATE OF TEXAS v. J. GRADY BROWN, JR.; from Denton County; 2nd district
(02-04-00035-CV, 158 SW3d 68, 01-27-05)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment.
Justice Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Wainwright, Justice Brister, Justice Medina, Justice Green, and Justice Willett joined.
Justice O'Neill delivered an opinion concurring in part and dissenting in part. (would remand
condemnation case for consideration of sanctions against the state)

Leland, DDS v. Brandal, No. 06-1028 (Tex. June 13, 2008)(O'Neill)
(HCLC 30-day-extension to file expert report in med-mal health care liability suit)
JOHN LELAND, D.D.S. v. GEORGE C. BRANDAL AND RUTH L. BRANDAL; from Bandera County; 4th
district (04-05-00855-CV, 217 SW3d 60, 09-13-06)
The Court affirms the court of appeals' judgment.
Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined.
Justice Scott Brister delivered a dissenting opinion.

Justice O'Neill Dissents in CPS mass custody case against FLDS
Justice O'Neill delivered an opinion concurring in part and dissenting in part, in which Justice
Johnson and Justice Willett joined.
In re TDFPS (CPS), No. 08-0391 (Tex. May 29, 2008)(per curiam) (CPS mass case against FLDS sect)
IN RE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Schleicher County; 3rd
district (03-08-00235-CV, ___ S.W.3d ___, 05-22-08) motion for emergency relief denied
Per Curiam Opinion

Justice O'Neill delivered a dissenting opini o n in Pettit v. Dowell, in which Chief Justice Jefferson and
Justice Medina joined.
Providence Health Center v. Dowell, No. 05-0386 (Tex. May 23, 2008)(Hecht) (HCLC suicide risk
management, medical treatment) (court concludes that discharge from Defendant's ER did not proximately
cause young man's death by hanging.)
PROVIDENCE HEALTH CENTER A/K/A DAUGHTERS OF CHARITY HEALTH SERVICES OF WACO AND DEPAUL CENTER
A/K/A DAUGHTERS OF CHARITY HEALTH SERVICES OF WACO v. JIMMY AND CAROLYN DOWELL, INDIVIDUALLY AND
ON BEHALF OF THE ESTATE OF JONATHAN LANCE DOWELL, DECEASED; from McLennan County; 10th district (10 -02 -
00026 -CV, 167 S .W .3d 48, 03-30-05) (Dissent by Justice Tom Gray)
- consolidated with -
Pettit, D.O. v. Dowell (Tex. May 23, 2008)
05-0788 JAMES C. PETTIT, D.O. v. JIMMY AND CAROLYN DOWELL, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF
JONATHAN LANCE DOWELL, DECEASED; from McLennan County; 10th district (10-01-00420-CV, ___ S.W.3d ___, 08-10-
05)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petitions for review and without hearing oral
argument, the Court reverses the court of appeals' judgment and renders judgment.
Justice Hecht delivered the opinion of the Court, in which Justice Brister, Justice Green, Justice Johnson, and Justice Willett
joined. Justice Wainwright delivered an opinion concurring in part and dissenting in part.
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Medina joined.

Higgins v. Randall County Sheriff's Office (Higgins II), No. 06-0917 (Tex. May 16, 2008)
(Opinion by Harriet O'Neill) (prisoner suit, defective affidavit of indigence which was not contested)
LAWRENCE HIGGINS v. RANDALL COUNTY SHERIFF'S OFFICE; from Randall County; 7th district
(07-05-00004-CV, ___ S.W.3d ___, 08-22-06)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that
court.
Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Brister, and Justice Medina joined.
Justice Green delivered a dissenting opinion, in which Justice Wainwright and Justice Willett joined.
(Justice Johnson not sitting)

Perry Homes v. Cull, No. 05-0882 (Tex. May 2, 2008)(Opinion by Scott A. Brister)(arbitration award in favor
of consumers overturned; court says home owners implicitly waived right to arbitrate by their litigation
conduct)
Justice Brister delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright,
and Justice Medina joined, and in which Chief Justice Jefferson, Justice Green, Justice Johnson, and
Justice Willett joined as to parts I-V.
Justice O'Neill delivered a concurring opinion.
Justice Johnson wrote an opinion concurring and dissenting in part, which was joined by Chief Justice
Jefferson and Justice Green
Justice Willett delivered an opinion concurring in part and dissenting in part.

Lewis, MD v. Funderburk, No.. 06-0518 (Tex. Apr. 11, 2008) (Brister) (HCLC, interlocutory appeal)
RORY LEWIS, M.D. v. DEWAYNE FUNDERBURK, AS NEXT FRIEND OF WHITNEY FUNDERBURK; from
Limestone County; 10th district (10-05-00197-CV, 191 S.W.3d 756, 04-05-06)
The Court reverses the court of appeals' judgment and remands the case to that court.
Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined.
Justice O'Neill delivered a concurring opinion in Lewis v. Funderburk.
Justice Willett delivered a concurring opinion.

Pruett v. Harris County Bail Bond Board, et al, No. 05-0283 (Tex. Mar. 28, 2008)(Harriet O’Neill)
(local governmental entities, regulatory authority, ultra vires claim)
CARL R. PRUETT AND NATIONAL AMERICAN INSURANCE COMPANY v. HARRIS COUNTY BAIL BOND
BOARD, ET AL.; from Harris County; 1st district (01 02 01043 CV, 177 SW3d 260, 03-10-05)
The Court affirms in part and reverses in part the court of appeals' judgment.
Justice O'Neill delivered the opinion of the Court.

Mission Consolidated ISD v. Garcia, No. 05-0734 (Tex. Mar. 28, 2008)(Justice O’Neill)
(public employment, wrongful termination claim, TTCA, tort claims, TCHRA claim, immunity waiver)
MISSION CONSOLIDATED INDEPENDENT SCHOOL DISTRICT v. GLORIA GARCIA; from Hidalgo County;
13th district (13-04-00668-CV, ___ S.W.3d ___, 06-30-05)
– consolidated with –
05-0762 MISSION CONSOLIDATED INDEPENDENT SCHOOL DISTRICT v. MELINDA SOTUYO; from
Hidalgo County; 13th district (13-05-00021-CV, ___ S.W.3d ___, 06 30 05)
– consolidated with –
05-0763 MISSION CONSOLIDATED INDEPENDENT SCHOOL DISTRICT v. DEBORAH MEDINA; from
Hidalgo County; 13th district (13-05-00060-CV, ___ S.W.3d ___, 06 30 05)
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the
trial court.
Justice O'Neill delivered the opinion of the Court.

Nationwide Ins. Co. v. Elchehimi , No. 06-0106 (Tex. Mar. 28, 2008)(Wainwright)
(insurance coverage, breach of contract, claim denial)
NATIONWIDE INSURANCE COMPANY v. MOHAMAD ELCHEHIMI, INDIVIDUALLY AND AS PARENT AND
NEXT FRIEND OF KHALED ELCHEHIMI AND LUKMAN ELCHEHIMI, MINORS; from Ellis County; 10th district
(10-04-00298-CV, 183 S.W.3d 833, 12-28-05)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment.
Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht,
Justice Brister, Justice Green, Justice Johnson, and Justice Willett joined.
Justice O'Neill delivered a dissenting opinion in Nationwide v. Elchehimi, in which Justice Medina
joined.

Owe n s & Minor, Inc. v . Ansell Healthcare Products, Inc., No. 06-0322 (Tex. Mar 28, 2008)(Green)
(cert. question from 5th Cir.) (products liability, indemnification, litigation costs)
OWENS & MINOR, INC. AND OWENS & MINOR MEDICAL, INC. v. ANSELL HEALTHCARE PRODUCTS,
INC. AND BECTON, DICKINSON AND COMPANY
motion to consolidate denied
The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit.
Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Wainwright, and Justice Brister joined.
Justice Brister delivered a concurring opinion.
Justice O'Neill delivered a dissenting opinion, in which Justice Medina, Justice Johnson, and Justice
Willett joined.

In Re Jorden, M .D ., No. 06-0369 (Tex. Mar. 28, 2008)(Brister)
(HCLC, MedMal, permissibility of presuit discovery, Rule 202 deposition)
IN RE JACK JORDEN, M.D., ET AL.; from Smith County; 12th district
(12-06-00040-CV, 191 S.W.3d 483, 04-27-06)
relators' joint motion for emergency temporary relief dismissed as moot
The Court conditionally grants the petition for writ of mandamus.
Justice Brister delivered the opinion of the Court.
Justice O'Neill delivered a concurring opinion

Excess Underwriters v. Frank's Casing Crew & Rental Tools, Inc., No. 02-0730 (Tex. Feb. 1, 2008)
(Substitute opinion on rehearing by Justice Harriet O'Neill; 2005 opinion withdrawn)
(insurance law, right to reimbursement)
EXCESS UNDERWRITERS AT LLOYD'S, LONDON AND CERTAIN COMPANIES SUBSCRIBING
SEVERALLY BUT NOT JOINTLY TO POLICY NO. 548/TA4011F01 v. FRANK'S CASING CREW & RENTAL
TOOLS, INC.; from Harris County; 14th district (14-01-00349-CV, 93 S.W.3d 178, 06/27/02)
The Court affirms the court of appeals' judgment. Justice O'Neill delivered the opinion of the Court, in
which Chief Justice Jefferson, Justice Medina, Justice Johnson, and Justice Willett joined.
Justice Hecht delivered a dissenting opinion, in which Justice Green joined.
Justice Wainwright delivered a dissenting opinion.
(Justice Brister not sitting)

Arkoma Basin Exploration Co., No. 03-1066 (Tex. Jan. 25, 2008) (Brister)
(jury award of fraud damages reversed against some defendants)
ARKOMA BASIN EXPLORATION COMPANY, INC., ET AL. v. FMF ASSOCIATES 1990-A, LTD., ET AL.;
from Rockwall County; 5th district (05-02-00669 CV, 118 S.W.3d 445, 08-21-2003)
motion to release security dismissed as moot
The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment.
Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Wainwright, Justice Green, Justice Medina, Justice Johnson, and Justice Willett joined.
Justice O'Neill filed a concurring and dissenting opinion in Arkoma Basin Exploration Co. v. FMF
Associates 1990-A.

AIC Management v. Crews, No. 05-0270 (Tex. Jan 25, 2008)(O’Neill) (eminent domain, condemnation,
sufficiency of legal description, UDJA, jurisdiction of Harris County Civil Courts at Law)
AIC MANAGEMENT v. RHONDA S. CREWS, CURTIS CALDWELL CREWS, ANNETTE CREWS, DENISE
CLAUDEN CREWS, AND CLAUDE CREWS, JR., THE HEIRS OF EMMA CREWS, VALDA CREWS, AND
EVA FAY GROSS, AND ALDINE INDEPENDENT SCHOOL DISTRICT; from Harris County; 1st district
(01-03 01178-CV, ___ S.W.3d ___, 02-03-2005) (Opinion of the First Court of Appeals - by Higley)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice O'Neill delivered the opinion of the Court.
Justice Willett filed a concurring opinion.

In re BP Products North America, Inc., No. 07-0119 (Tex. Jan. 25, 2008)(Gaultney, sitting by assignment)
(discovery dispute, apex deposition, Rule 11 agreement, motion to quash notice of deposition, protective
order, discovery mandamus granted)
Justice Gaultney delivered the opinion of the Court.
(Justice Gaultney sitting by commission pursuant to Section 22.005 of the Texas Government Code)
(Justice O'Neill not sitting)

Paj, Inc. v. The Hanover Ins. Co., No. 05-0849 (Tex. Jan. 11, 2008)(Opinion by Justice O'Neill)
(insurance law, effect of failure to comply with notice of claim requirements)
PAJ, INC. D/B/A PRIME ART & JEWEL v. THE HANOVER INSURANCE COMPANY; from Dallas County; 5th
district (05-04-01047-CV, 170 S.W.3d 258, 08/26/05)
The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to the
trial court in part.
Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Brister, Justice
Medina, and Justice Green joined.
Justice Willett delivered a dissenting opinion, in which Justice Hecht, Justice Wainwright, and Justice
Johnson joined.