2008 Texas Supreme Court Opinions, Concurrences, & Dissents Also see ---> Tex 2009 | 2010 Texas Supreme Court Decisions Note: This page is search-engine optimized for Google. Simply type Tex 2008 in the Google search box to return to this page next time. For tables of older Texas Supreme Court cases, with links to opinions, type Tex 2007 or Tex 2006. ═════════════════════════════════════════════════════════════════ DECISION STATISTICS: Texas Supreme Court Opinion Production and Reversal Rate PETITION DENIALS: Petitions for Review denied by Texas Supreme Court. in January 2008 | January 2009 Petition Denials Petitions for Review denied by Texas Supreme Court. in February 2008 | February 2009 Denials of PFRs Petitions for Review denied by Texas Supreme Court. in March 2008 | March 2009 Petition Denials Petitions for Review denied by Texas Supreme Court. in April 2008 | April 2009 Petition Denials Petitions for Review denied by Texas Supreme Court. in May 2008 | May 2009 Petition Denials Petitions for Review denied by Texas Supreme Court in June 2008 Petitions for Review denied by Texas Supreme Court in July 2008 Petitions for Review denied in August 2008 Petitions for Review denied in September 2008 Petitions of Review denied October 2008 Petitions for Review denied November 2008 Petitions for Reveiw denied December 2009 ================================================================================== Texas Supreme Court Opinions Handed Down Dec. 19, 2008 SWBT v. Mitchell, No. 05-0171 (Tex. Dec. 19, 2008)(Hecht)(workers comp, deadline for carrier to contest compensability of employee's injury) Chief Justice Jefferson delivered a dissenting opinion, in which Justice O'Neill and Justice Medina joined. (Justice Green not sitting) DART v. Amalgamated Transit Union Local No. 1338, No. 06-0034 (Tex. Dec. 19, 2008)(Hecht) (federal preemption issue) U.S. Fidelity & Guaranty Co. v. Goudeau, No. 06-0987 (Tex. Dec. 19, 2008)(Brister) (insurance coverage, insurer's appearance in same law suit in two capacities, admission) Justice Green delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Johnson joined. In re Caballero, No. 07-0484 (Tex. Dec. 19, 2008)(Green)(attorney discipline, BODA discretion, disbarment or suspension when attorney on probation for criminal conduct) Justice Willett delivered a dissenting opinion, in which Justice Medina joined. In re Zandi, No. 07-0919 (Tex. Dec. 19, 2008)(Suppl. Op. on motion for rehearing)(child support contempt, due process requirement for notice of intent to revoke suspension of commitment) IN RE REZA ZANDI; from Denton County; 2nd district (02-07-00348-CV, ___ SW3d ___, 10-18-07) Supplemental Opinion on Rehearing Gardner v. U.S. Imaging, Inc., No. 08-0268 (Tex. 2008)(per curiam) (HCLC, expert report; opportunity to cure on remand the export report found deficient on appeal) Texas Supreme Court Opinions Released December 5, 2008 In Re Global Santa Fe Corp., No. 07-0040 (Tex. Dec. 5, 2008) (Willett) (mandamus granted) (silica litigation, Jones Act preemption issues) In Re G.E. Co., No. 07-0195 (Tex. Dec. 5, 2008) (Phil Johnson) (forum non conveniens mandamus granted in suit brought by worker exposed of asbestos and wife) TxDoT v. York, No. 07-0743 (Tex. Dec. 5, 2008)(per curiam) (first, superseded opinion) Note: New Opinion issued May 22, 2009) TxDOT v.York (Tex. 2009)(per curiam) (TTCA, dangerous road conditions, special defect) (TTCA, Texas Tort Claims Act suit, exception to sovereign immunity, dangerous road conditions, loose gravel, special defect, premises defect) Autozone, Inc. v. Reyes, No. 07-0773 (Tex. Dec. 5, 2008)(per curiam) (employment litigation) (age discrimination suit, judgment on jury verdict for employee reversed, take-nothing judgment rendered) November 21, 2008 Texas Supreme Court Opinions Wagner & Brown, Ltd. v. Sheppard, No. 06-0845, 52 Tex. Sup. Ct. J. 130 (Tex. Nov. 21, 2008) (Brister) (oil and gas lease) Sonat Exploration Co. v. Cudd Pressure Control, Inc. No. 06-0979, 52 Tex.Sup. Ct. J. 137 (Tex. Nov. 21, 2008) (Brister) (choice of law) November 14, 2008 Texas Supreme Court Opinions SSP Partners and Metro Novelties, Inc., No. 05-0721, 52 Tex. Sup. Ct. J. 95 (Tex. Nov. 14, 2008)(Hecht) (products liability, indemnity) Kerlin v. Soto Arias, No. 06-0097, 52 Tex. Sup. Ct. J. 103 (Tex. Nov. 14, 2008)(challenge to deed, sufficiency of affidavit, lack personal knowledge, hearsay, foreign language translation) Perry v. Cohen, No. 07-0301, 52 Tex. Sup. Ct. J. 105 (Tex. Nov. 14, 2008)(special exceptions dismissal) In Re Transcontinental Realty Investors, Inc. No. 07-0608, 52 Tex. Sup. Ct. J. 107 (Tex. Nov. 14, 2008) (venue mandamus in condemnation suit, motion to transfer venue) In Re Union Carbide Corp., 273 SW 3d 152, No. 07-0987, 52 Tex. Sup. Ct. J. 109 (Tex. Nov. 14, 2008) (mandamus granted, severance, intervention disallowed) In Re Shondra Buster, No. 08-0125, 52 Tex. Sup. Ct. J. 112 (Tex. Nov. 14, 2008)(mandamus in HCLC case, expert report requirement) In Re Next Financial Groups, Inc., No. 08-0192, 52 Tex. Sup. Ct. J. 112 (Tex. Nov. 14, 2008)(arbitration, employment dispute arbitration securities broker's Sabine Pilot claim for wrongful termination) October 17, 2008 - One Case Decided (opinion by assigned judge) Digiuseppe v. Lawler, No. 04-064, 52 Tex. Sup. Ct. J. 291(Tex. Oct. 17, 2008)(Waldrop sitting by assignment) specific performance) Justice Green delivered a dissenting opinion, in which Chief Justice Jefferson, Justice O'Neill, and Justice Johnson joined. October 10, 2008 Opinion Kerlin v. Sauceda, No. 05-0653, 52 Tex. Sup. Ct. J.13 (Tex. Oct. 10, 2008)(subst op. by O'Neill) (oil and gas law, statute of limitations not tolled) Justice Brister delivered a concurring opinion, in which Justice Hecht, Justice Medina, and Justice Willett joined. September 26, 2008 Texas Supreme Court Opinions UPLC v. Nationwide Mutual Ins. Co., No. 05-0130, 264 S.W.3d 742 (Tex. Sep. 26, 2008)(per curiam opinion on motion for rehearing)(legality of insurer's use of staff attorneys to defend insured) Davis v. Fisk Electric Co., No. 06-0162, 51 Tex. Sup. Ct. J.1420 (Tex. Sep. 26, 2008)(Jefferson) (jury selection, denial of Batson challenge to race-based juror strike was error, new trial ordered) Justice Brister delivered a concurring opinion, in which Justice Medina joined as to Part III. Reliance Steel & Aluminum Co. v. Sevcik, No. 06-0422, 267 S.W.3d 867 (Tex. Sep. 26, 2008)(Brister) (evidence of defendant's wealth in accident PI case not admissible, jury verdict reversed) Martinez-Partido v. Methodist Specialty and Transplant Hospital, No. 06-0611, 267 S.W.3d 881 (Tex. Sep. 26, 2008)(per curiam) (HCLC, Plaintiff entitled to remand for opportunity to fix expert report found deficient on appeal) Adams v. YMCA of San Antonio, No. 07-0221, 265 S.W.3d. 915 (Tex. Sep. 26, 2008)(per curiam) (jury's award of future mental anguish damages in child sexual abuse case supported by the evidence) David J. Sacks, PC v. McIntre Haden, No. 07-0472, 266 S.W.3d. 447 (Tex. Sep. 26, 2008)(substituted per curiam opinion on motion for rehearing)(parol evidence rule bars evidence of oral agreement to cap attorney fees) State of Texas v. Dawmar Partners, Ltd., No. 07-0548, 267 S.W.3d 875 (Tex. Sep. 26, 2008)(per curiam) (condemnation appeal, state prevails) August 29, 2008 Texas Supreme Court Opinions (End of Fiscal Year) Columbia Medical Center of Los Colinas v. Hogue, No. 04-0575, 51 Tex. Sup. Ct. J. 1220 (Tex. Aug. 29, 2008)(Wainwright) (HCLC med-mal gross negligence damages, contributory negligence, trifurcation of trial, interest on judgment) Justice Brister delivered a concurring opinion, in which Justice Medina joined. Justice Green delivered an opinion concurring in part and dissenting in part, in which Justice Hecht joined. In re Poly-America, LP, No. 04-1049, 262 S.W.3d 337 (Tex. Aug. 29, 2008)(O'Neill) (arbitration in employment context, retaliatory discharge, mandamus review of order compelling arbitration) Justice Brister delivered a dissenting opinion. State of Texas v. Brown, No. 05-0236, 51 Tex. Sup. Ct. J. 1254 (Tex. Aug. 29, 2008)(Johnson) (condemnation, fees to landowner reversed)) Justice O'Neill delivered an opinion concurring in part and dissenting in part. Coastal Oil & Gas Corp. v. Garza Energy Trust, No. 05-0466, 268 S.W.3d 1 (Tex. Aug. 29, 2008)(Hecht) (oil and gas law, trespass, rule of capture) Justice Willett delivered a concurring opinion. Justice Johnson delivered an opinion concurring in part and dissenting in part, in which Chief Justice Jefferson joined, and in Part I of which Justice Medina joined. (Judge Tracy Christopher and Justice Robert Pemberton sitting by appointment pursuant to section 22.005 of the Texas Government Code) (Justice O'Neill and Justice Wainwright not sitting) Kerlin v. Sauceda, No. 05-0653 (Tex. Aug. 29, 2008)(O'Neill)(original, superseded opinion) (oil and gas royalties, claims barred by limitations) Note: See substitute opinion issued Oct. 10, 2008) Justice Brister delivered a concurring opinion, in which Justice Hecht, Justice Medina, and Justice Willett joined. In Re McAllen Medical Center , No. 05-0892, 51 Tex. Sup. Ct. J. 1302 (Tex. Aug 29, 2008)(Corrected Opinion by Brister) Forest Oil Corp v. McAllen, No. 06-0178, 268 Tex. Sup. Ct. J. 51 (Tex. Aug. 29, 2008)(Willett) (arbitration, commercial contact, fraudulent inducement claim barred by contractual waiver of reliance language) Chief Justice Jefferson delivered a dissenting opinion, in which Justice Medina joined. Ulico Casualty Co. v. Allied Pilots Association, No. 06-0247, 262 S.W.3d 773 (Tex. Aug. 29, 2008) (Johnson) (insurance coverage, non-coverage claim, waiver, estoppel) Chief Justice Jefferson delivered a concurring opinion, in which Justice O'Neill joined. In re Baylor Medical Center at Garland, No. 06-0491, 51 Tex. Sup. Ct. J. 1334 (Tex. Aug. 29, 2008) (Brister)(HCLC, mandamus proceeding abated to afford new trial judge opportunity to reconsider issue of granting / ungranting new trial, plenary power) Justice Johnson delivered a dissenting opinion. (would address problem raised by the case through Court's rulemaking power) Zurich American Ins. Co. v. Nokia Inc., No. 06-1030, 51 Tex. Sup. Ct. J. 1340 (Tex. Aug. 29, 2008) (Jefferson) (insurance coverage, duty to defend) Justice Hecht delivered a dissenting opinion, in which Justice Brister joined. Federal Ins. Co. v. Samsung Electronics America, No. 06-1040, 51 Tex. Sup. Ct. J.1352 (Tex. Aug. 29, 2008)(Jefferson) (duty to defend cell phone company against consumer class action found) Justice Hecht delivered a dissenting opinion, in which Justice Brister joined. Trinity Universal Ins. Co. v. Cellular One Group, No. 07-0140, 51 Tex. Sup. Ct. J. 1363 (Tex. Aug. 29, 2008)(Jefferson) (insurance law, duty to defend, companion case to Zurich v. Nokia) Justice Hecht delivered a dissenting opinion, in which Justice Brister joined. Trammell Crow Central Texas, Ltd v. Gutierrez, No. 07-0091, 267 S.W.3d 9 (Tex. Aug. 29, 2008)(Willett) (premises liability, owner liability for crime on property, forseeability, no duty) Chief Justice Jefferson delivered a concurring opinion, in which Justice Hecht, Justice Brister, and Justice Johnson joined. In re Davis, No. 07-0147, 51 Tex. Sup. Ct. J. 1363 (Tex. Aug. 29, 2008)(Jefferson) (mandamus denial) (election law) (alcohol regulation by popular vote, procedure for local option referendum to turn dry area wet when boundaries of relevant area have changed) Don's Building Supply, Inc. v. Onebeacon Ins. Co., No. 07-0639, 267 S.W.3d 20 (Tex. Aug. 29, 2008) (Willett) (cert. question)(insurance coverage dispute, duty to defend, eight corners rule, belated discovery of residential construction defect) In Interest of MN, a Child, In re M.N., No. 07-0698, 262 S.W.3d 799 (Tex. Aug. 29, 2008)(Johnson) (termination of parental rights, appellate procedure, extension to file statement of points for appeal) Justice Willett delivered a dissenting opinion (would address constitutional issue avoided by majority) August 29, 2008 Per Curiam Opinions Unifund CCR Partners v. Weaver, No. 07-0682, 262 S.W.3d 796 (Tex. Aug. 29,2008)(per curiam) (credit card suit, deemed admissions, improper objections to discovery requests, limitations defense) Guitar Holding Co., LP v. Hudspeth County Underground Water Conservation District No. 1, No. 06-0904, 263 S.W.3d 910 (Tex. Aug. 29, 2008)(suppl. opinion on rehearing) (per curiam) (abandonment of issues on appeal) Brookshire Grocery Co. v. Goss, No. 07-0085, 262 S.W.3d 793 (Tex. Aug. 29, 2008)(per curiam) (workplace injury, judgment for injured employee reversed, no duty) In re Kiberu, No. 07-0959, 262 S.W.3d 806 (Tex. Aug. 29, 2008)(per curiam)(presuit discovery mandamus) Bismar, MD v. Morehead, No. 08-0009, 262 S.W.3d 805 (Tex. Aug. 29, 2008)(per curiam)(Med-Mal, sufficiency of expert report, doctor entitled to interlocutory appeal of order denying motion to dismiss) In Interest of GB, In re G.B., No. 08-0380, 264 S.W.3d 742 (Tex. Aug. 29, 2008)(per curiam) (termination of parental rights, may ineffective assistance of counsel claims raised for the first time on appeal) IN THE INTEREST OF G.B., P.B., N.B., AND V.R., CHILDREN; from Washington County; 1st district (01-07-00699-CV, ___ SW3d ___, 04-03-08) August 1, 2008 - August 22, 2008 No opinions released Texas Supreme Court Orders Issued July 25, 2008: Supremes decide not to decide - Deny review in five identical one-sentence (non) opinions In Interest of SKA, MA, and SA, In re S.K.A., No. 07-1045, 260 S.W.3d 463 (Tex. July 25, 2008)(per curiam denial) (family law, termination of parental rights appeals)(constitutionality of Texas Family Code section 263.4059(i) requiring statement of points for appeal not decided) In Interest of KW and MA, In re K.W., No. 08-0254 , 260 S.W.3d 462 (Tex. July 25, 2008)(per curiam) (termination) In Interest of DW, TW, and SG, In re D.W., No. 08-0258, 260 S.W.3d 462 (Tex. July 25, 2008)(per curiam)(termination) In Interest of JJ, In re J.J., No. 08-0299, 260 S.W.3d 461 (Tex. July 25, 2008)(per curiam)(termination) In Interest of DF, In re D.F..No. 08-0378, 260 S.W.3d 461 (Tex. 25, 2008)(per curiam)(termination) Texas Supreme Court Opinions Released July 11, 2008 City of Waco, Texas v. Lopez, No. 06-0089, 258 S.W.3d 147 (Tex. July 11, 2008)(Opinion by Justice Wainwright) (Whistleblower Act, TCHRA, anti-discrimination statute as exclusive remedy for retaliation claim at issue, failure to satisfy prerequisites for suit by not filing with agency first) David J. Sacks, PC v. McIntre Haden, No. 07-0472 (Tex. July 11, 2008)(per curiam)(superseded opinion) (attorney's fee collection suit, hourly fee contract enforced as written, parol evidence rule bars testimony of oral agreement to cap fees) David J. Sacks , P.C. v. Haden, No. 07-0487, 263 S.W.3d 919 (Tex. July 11, 2008)(per curiam) (turnover order to enforce judgment in attorney's fees collection case) Sells v. Drott, No. 07-0848, 259 S.W.3d 156 (Tex. July 11, 2008)(per curiam) (default judgment set aside, unauthorized practice of law, pro se self-representation) Also see --> List of Tex. Opinion issued Jan-June 2008 with case details Pleasant Glade Assembly of God v. Schubert, No. 05-0916, 264 S.W.3d 1 (Tex. June 27, 2008) (Majority Opinion by Justice Medina) (con law, church and state religion disputes, first amendment freedom of religion clause, exorcism of demons, intentional tort claim by church member for mental anguish damages barred by church's religious doctrine immunity, estoppel claim rejected) Chief Justice Jefferson delivered a dissenting opinion, in which Justice Green joined, and in Parts II-A, III, and IV of which Justice Johnson joined. Justice Green delivered a dissenting opinion. Justice Johnson delivered a dissenting opinion. JCW Electronics, Inc. v. Garza, No. 05-1042, 257 S.W.3d 701 (Tex. June 27, 2008) (Opinion by Justice David Medina) (product liability, UCC breach of implied warranty claim in PI, death case a tort for purposes of comparative responsibility statute; recovery barred, prisoner death by suicide) Chief Justice Jefferson delivered a concurring opinion, in which Justice O'Neill joined. In Re Chambless, No. 07-0767, 257 S.W.3d 698 (Tex. June 27, 2008) (per curiam) (family law, parental rights, grandparent visitation suit)(mandamus granted) In re OAG, No. 08-0165, 257 S.W.3d 695 (Tex. June 27, 2008) (per curiam) (child support collection, temporary orders, TRO void set aside by mandamus) June 20, 2008 Opinions from the Texas Supreme Court In Re Fleetwood Homes of Texas, LP, No. 06-0943, 257 S.W.3d 692 (Tex. June 20, 2008)(per curiam) (original proceeding) (motion to compel arbitration, no waiver found, mandamus granted) In re Lyon Financial Services, Inc., No. 07-0486, 257 S.W.3d 228 (Tex. June 20, 2008)(per curiam) (orig. proc.) (mandamus, forum selection clause, motion to dismiss improperly denied, forum selection clause must be enforced) June 13, 2008 Texas Supreme Court Opinions Evanston Ins. Co. v. Atofina Petrochemicals, No. 03-0647, 256 S.W.3d 660 (Tex. June 13, 2008) (Substituted opinion by Justice Paul Green on further motions for rehearing) (insurance case) Justice Hecht delivered an opinion concurring in part and dissenting in part, in which Justice Johnson joined. G.E. v. Moritz, Gen Elec. Co. v. Moritz, No. 04-0871, 257 S.W.3d 211 (Tex. June 13, 2008)(Brister) (workplace injury, premises liability, independent contractor, no duty holding precludes land owner liability for contractor's injury) Justice Green delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Johnson joined (Justice O'Neill not sitting) Frymire Engineering Co. v. Jomar International, Frymire Eng'g Co. v. Jomar Int'l Ltd., No. 06-0755, 259 S. W.3d 140 (Tex. June 13, 2008)(Willett) (indemnity, equitable subrogation standing, construction law) Leland, DDS v. Brandal, No. 06-1028, 257 S.W.3d 204 (Tex. June 13, 2008)(O'Neill) (HCLC 30-day- extension to file expert report)(Remand proper for grant of 30-day extension by trial court where expert report was found deficient for the first time in interlocutory appeal) Justice Scott Brister delivered a dissenting opinion. Koa Holdings, L.P. v. Young, No. 07-0197, 261 S.W.3d 60 (Tex. June 13, 2008) (Hecht) (restricted appeal, default judgment) (partnership law, defendant not sued and not properly served in individual capacity, default judgment not proper) June 6, 2008 Texas Supreme Court Decisions In Re Roberts, No. 05-0362, 255 S.W.3d 640 (Tex. Jun 6, 2008)(per curiam) (mandamus) (HCLC, expert report, court of appeals should not have contravened trial court on 30-day extension to fix expert report) In re Methodist Healthcare System of San Antonio, Ltd, No. 05-0575, 256 S.W.3d 263 (Tex. Jun 6, 2008) (per curiam) (mandamus) (HCLC, sufficiency of expert report, court below instructed to apply new mandamus standard) FKM Partnership, Ltd. v. Bd. of Regents of Univ. of Houston System, No. 05-0661, 51 Tex. Sup. Ct. J. 989 (Tex. Jun 6, 2008) (Phil Johnson) (condemnation, implications of reduction of amount of land to be taken on land owner's recovery of fees, partial nonsuit) Justice Willett delivered an opinion concurring in part and dissenting in part. May 30, 2008 Texas Supreme Court Opinions Guitar Holding Co. LP, No. 06-0904, 263 S.W.3d 910 (Tex. May 30, 2008)(David Medina) (water rights, administrative law, challenged district rule governing water transfers found invalid) In Re Zandi, No. 070919, 51 Tex. Sup. Ct. J. 976 (Tex. May 30, 2008)(per curiam) (family law case, child support contempt, habeas corpus granted) May 29, 2008 - Opinion in CPS "class action" custody case against FLDS released In re TDFPS (CPS), No. 08-0391 (Tex. May 29, 2008)(per curiam) (family law, CPS case against FLDS sect) Justice O'Neill delivered an opinion concurring in part and dissenting in part, in which Justice Johnson and Justice Willett joined. In re Texas DFPS (CPS), No. 08-0403 (Tex. May 29, 2008)(per curiam) (CPS mass custody case) IN RE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Schleicher County; 3rd district (03-08-00298-CV, ___ S.W.3d ___, 05-22-08) Justice O'Neill, joined by Justice Johnson and Justice Willett, concurring in part and dissenting in part for the reasons explained in Justice O'Neill's separate opinion in No. 08-0391. May 23, 2008 Texas Supreme Court Opinions Providence Health Center v. Dowell, No. 05-0386, 262 S.W.3d 324 (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.) - consolidated with - Pettit, D.O. v. Dowell (Tex. May 23, 2008) 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. In re Team Rocket, LP, No. 06-0414, 256 S.W.3d 257 (Tex. May 23, 3008)(Opinion by Justice Paul Green)(mandamus granted) (mandamus granted to enforce first transfer of venue, nonsuit and refiling in third county disapproved) Justice Wainwright delivered a concurring opinion, in which Chief Justice Jefferson and Justice O'Neill joined. May 16, 2008 Texas Supreme Court Decisions First American Title Ins. Co. v. Susan Combs, Comptroller, No. 05-0541, 258 S.W.3d 627 (Tex. May 16, 2008)(Majority Opinion by Don Willett) (insurance regulation, taxation of out-of-state insurers, retaliatory tax) Justice Hecht delivered a dissenting opinion, in which Justice Wainwright, Justice Brister, and Justice Medina joined. In Re McAllen Medical Center, Inc., No. 05-0892 (Tex. May 16, 2008) (Majority Opinion by Scott Brister) (mandamus relief available to compel dismissal of medical malpractice suits, HCLC) Justice Wainwright delivered a dissenting opinion, in which Chief Justice Jefferson and Justice O'Neill joined. Canyon Regional Water Authority v. Guadalupe-Blanco River Authority, No. 06-0873, 258 S.W.3d 613 (Tex. May 16, 2008)(Opinion by Paul Green) (intergovernmental dispute over easement for water extraction from lake, condemnation power) In Re CitiGroup Global Markets, Inc., No. 06-0886, 258 S.W.3d 623 (Tex. May 16, 200)(per curiam) (arbitration compelled, no waiver found) Higgings v. Randall County Sheriff's Office (Higgins II), No. 06-0917, 257 S.W.3d 684 (Tex. May 16, 2008) (Opinion by Harriet O'Neill) (prisoner suit, defective affidavit of indigence, right to appeal) Justice Green delivered a dissenting opinion, in which Justice Wainwright and Justice Willett joined. (Justice Johnson not sitting) City of Dallas v. Reed, No. 07-0469, 258 S.W.3d 620 (Tex. May 16, 2008)(per curiam) (TTCA, premises liability, unsafe road condition, plea to the jurisdiction) Chau v. Riddle, MD, No. 07-0035, 254 S.W.3d 453 (Tex. May 16, 2008)(substituted per curiam opinion on motion for rehearing) (HCLC, medical malpractice, doctor's Good Samaritan defense rejected) May 2, 2008 Texas Supreme Court Opinions Perry Homes v. Cull, No. 05-0882, 258 S.W.3d 850 (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 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. Igal v. Brightstar Information Tech Group. Inc., No. 04-0931, 250 S.W.3d 78 (Tex. May 2, 2008) (Substituted opinion by Dale Wainwright) (employment law, Pay Day Act claim, res judicata, claim preclusion based on agency ruling) Dissenting opinion by Justice Brister and the judgment, issued December 7, 2007, remain in place. BIC Pen Corp. v. Carter, No. 05-0835, 251 S.W.3d 500 (Tex. Apr. 18, 2008)(David Medina) (products liability, design defect claim, implicit federal preemption of state tort law, manufacturing defect claim) Villafani vs. Trejo, M.D., No. 06-0501, 251 S.W.3d 466 (Tex. Apr. 18, 2008)(Wainwright) (HCLC, ILA, denial of sanctions, effect of nonsuit on defendant's right to appeal denial of motion for sanctions) Barrera, MD vs. Rico, No. 05-0928, 51 Tex. Sup. Ct. J. 789 (Tex. Apr. 18, 2008)(per curiam) (appealability of order denying doctor's motion for sanctions after plaintiff nonsuited HCLC suit and court dismissed without prejudice) Regent Care Center of San Antonio II, LP vs. Hargrave, No. 06-0717, 251 S.W.3d 517 (Tex. Apr. 18, 2008)(per curiam) (HCLC, medical malpractice, effect on nonsuit on health care provider's pending appeal of order denying sanctions) UT-PAN AM v. Aguilar, Univ. of Texas-Pan Am. v. Aguilar No. 07-0424, 251 S.W.3d 511 (Tex. Apr. 18, 2008)(per curiam) (TTCA, premises liability, dangerous condition, ostrich defense) In Interest of KCB, a Child, In re K.C.B., No. 07-1068, 251 S.W.3d 514 (Tex. Apr. 18, 2008) (per curiam) (right to appeal in termination of parental rights case, procedural requisites for appeal) April 11, 2008 Opinions Released by the Texas Supreme Court In the Matter of H.V., No. 06-0005, 252 S.W.3d 319 (Tex. Apr. 11, 2008)(Brister) (juvenile law, Miranda warning, requirements for effective invocation of right to counsel, suppression of confession, exclusion of evidence) Chief Justice Jefferson delivered an opinion concurring in part and dissenting in part, in which Justice Wainwright and Justice Green joined, and in which Justice Hecht joined as to Parts I, III, and V. Medical City Dallas, Ltd. v. Carlisle Corp., No. 06-0660, 251 S.W.3d 55 (Tex. Apr. 11, 2008)(Jefferson) (breach of express warranty claim, entitlement to attorney's fees) Lewis, MD v. Funderburk, No. 06-0518, 253 S.W.3d 204 (Tex. Apr. 11, 2008) (Brister) (HCLC, interlocutory appeal) Justice O'Neill delivered a concurring opinion. Justice Willett delivered a concurring opinion. Moore, M.D. v. Gatica, No. 07-0094, 253 S.W.3d 219 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) Diaz-Rohena, M.D. v. Melton, No. 07-0173, 253 S.W.3d 218 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) Center for Neurological Disorders, P.A. v. George, No. 07-0174, 253 S.W.3d 217 (Tex. Apr. 11, 2008) (per curiam) (HCLC, ILA) Collini, M.D. v. Pustejovsky, No. 07-0227, 253 S.W.3d 217 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) Graham Oaks Care Center, Inc. v. Farabee No. 07-0228, 251 S.W.3d 63 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) Danos v. Ritter, MD, No. 07-0312, 253 S.W.3d 215 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) Hill Regional Hospital v. Runnels, No. 07-0368, 253 S.W.3d 213 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) Metwest, Inc. v. Rodriguez, Jr., No. 07-0422, 253 S.W.3d 212 (Tex. Apr. 11, 2008)(per curiam)(HCLC, ILA) April 4, 2008 Texas Supreme Court Decisions with Opinions Texas Mutual Ins. Co. v. Ledbetter, Tex. Mut. Inc. Co. v. Ledbetter, No. 06-0814, 251 S.W.3d 31 (Tex. Apr. 4, 2008)(Brister)(workers comp, subrogation claim). Ansell Healthcare Products, Inc. v. Owens & Minor, Inc., No. 06-0386, 251 S.W.3d 499 (Tex. Apr. 4, 2008)(per curiam) (product liability, indemnification for litigation costs) March 28, 2008 Texas Supreme Court Opinions Unauthorized Practice of Law Committee v. American Home Assurance Co., Inc., No. 04-0138, 261S.W. 3d 24 (Tex. Mar. 28, 2008)(Hecht) (UPLC, captive counsel) Justice Johnson delivered a dissenting opinion, in which Justice Green joined. County of Dallas v. Sempe, No. 05-0022, 262 S.W.3d 315 (Tex. Mar. 28, 2008)(per curiam) (interlocutory appeal, no conflicts jurisdiction, petition ungranted) The Court withdraws its order of May 26, 2006, granting the petition for review, as the petition was improvidently granted. The petition for review is dismissed for want of jurisdiction. Pruett v. Harris County Bail Bond Board, et al, No. 05-0283, 249 S.W.3d 447 (Tex. Mar. 28, 2008) (O’Neill) (local governmental entities, regulatory authority, ultra vires claim) Mission Consolidated ISD v. Garcia, Mission Consol. Indep. Sch. Dist. v. Garcia, No. 05-0734, 253 S.W. 3d 653 (Tex. Mar. 28, 2008)(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. Nationwide Ins. Co. v. Elchehimi, No. 06-0106, 249 S.W.3d 430 (Tex. Mar. 28, 2008)(Wainwright) (insurance coverage, breach of contract, claim denial) Justice O'Neill delivered a dissenting opinion, in which Justice Medina joined. Chu v. Hong, No. 06-0127, 249 S.W.3d 441 (Tex. Mar. 28, 2008)(Brister)(family law, divorce, property transfer to third parties, fraud on community by spouse not actionable as independent tort, no double recovery) Lowenberg v. City of Dallas, No. 06-0310, 261S.W.3d 54 (Tex. Mar. 28, 2008)(per curiam) (local governments) (illegal fee, tax refund suit, takings claim, declaratory judgment, UDJA attorney's fees) Owens & Minor, Inc. v. Ansell Healthcare Products, Inc., No. 06-0322, 251 S.W.3d 481 (Tex. Mar 28, 2008)(Green) (cert. question from 5th Cir.) (products liability, indemnification, litigation costs) 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, 249 S.W.3d 416 (Tex. Mar. 28, 2008)(Brister) (HCLC, MedMal, permissibility of presuit discovery, discovery, Rule 202 deposition) Justice O'Neill delivered a concurring opinion Trend Offset Printing Services, Inc. v. Collin County Community College District (CCCCD), Trend Offset Printing Servs., Inc. v. Collin County Cmty. Coll. Dist., No. 06-0525, 249 S.W.3d 429 (Tex. Mar. 28, 2008) (per curiam) (governmental immunity, breach of contract, statutory waiver) City of Dallas v. DeQuire, No. 06-0543, 249 S.W.3d 428 (Tex. Mar. 28, 2008)(per curiam) (local governmental entities, immunity waiver) New Texas Auto Auction Services, LP. v. Gomez de Hernandez, New Tex. Auto Auction Servs., L.P. v. Gomez de Hernandez, No. 06-0550, 249 S.W.3d 400 (Tex. Mar. 28, 2008)(Brister)(consumer law, auctioneer liability for selling defective car, wrongful death) 20281, Inc. v. Parker, No. 06-0574, 249 S.W.3d 392 (Tex. Mar. 28, 2008)(Jefferson) (Dram Shop Act, provider liability, defense) In Re Bazan, No. 06-0952, 251 S.W.3d 39 (Tex. Mar. 28, 2008)(Medina)(mandamus) (removal of local official based on criminal conviction) Justice Willett delivered a concurring opinion. in In Re Bazan, No. 06-0952 (Tex. Mar. 28, 2008) Bushnell v. Mott, No. 06-1044, 254 S.W.3d 451 (Tex. Mar. 28, 2008)(per curiam) (animal law, dog bite liability) City of Corsicana v. Stewart, No. 07-0058, 249 S.W.3d 412 (Tex. Mar. 28, 2008)(per curiam) (TTCA, premises liability, dangerous condition, drowning) ONeil v. Ector ISD, O'Neal v. Ector County Indep. Sch. Dist., No. 07-0084, 251 S.W.3d 50 (Tex. Mar. 28, 2008)(per curiam) (public employment, teachers, teacher contract dispute, exhaustion of administrative remedies, limitations) Hamilton v. Wilson, MD, No. 07-0164, 249 S.W.3d 425 (Tex. Mar. 28, 2008)(per curiam) (HCLC, sufficiency of expert report) Murff, MD v. Pass, No. 07-0294, 249 S.W.3d 407 (Tex. Mar. 28, 2008) (per curiam) (jury selection process, juror qualifications and confusion, disqualification) Alfonso v. Skadden, No. 07-0321, 251 S.W.3d 52 (Tex. Mar. 28, 2008)(per curiam)(Texas family law) (child custody jurisdiction, international family law, service by publication) February 29, 2008 - Supreme Court releases one per curiam opinion Grimes Construction, Inc. v. Great American Lloyds Ins. Co., No. 06-0332, 248 S.W.3d 171 (Tex. 2007) (per curiam) (liability insurance coverage for defective work by contractor) February 22, 2008 - New opinion issued, original opinion withdrawn El Paso Hospital District v. Texas Health and Humans Services Comm'n, No. 05-0372, 247 S.W.3d 709 (Tex. Feb. 22, 2008)(Substitute opinion by Justice David Medina) (state-federal issues, administrative law) February 15, 2008: Supreme Court speeds up opinion release Evanston Ins. Co. v. Atofina Petrochemicals, Inc., No. 03-0647, (Tex. Feb. 15, 2008)(Justice Green) (superseded opinion)(insurance law, indemnification) Substituted opinion issued June 13, 2008. Justice Hecht filed an opinion concurring in part and dissenting in part , in which Justice Johnson joined. Bowden v. Phillips Petroleum Co., No. 03-0824, 247 S.W.3d 690 (Tex. Feb. 15, 2008)(Justice Wainwright)(class action de-certification, oil gas and minerals law, royalty owners, interlocutory appeal) PR Investments and Special Retailers, Inc. vs. Texas, PR Invs. & Specialty Retailers, Inc. v. State, No. 04-0431, 251 S.W.3d 472 (Tex. Feb. 15, 2008)(Justice Willett) Fairfield Ins. Co. v. Stephens Martin Paving, L.P., No. 04-0728, 246 S.W.3d 653 (Tex. Feb. 15, 2008) (Justice Wainwright) (insurance coverage and indemnification of punitive damages arising from gross negligence) Justice Hecht delivered a concurring opinion, in which Justice Brister, Justice Medina, and Justice Willett joined. Justice Johnson delivered a concurring opinion. National Union Fire Ins. Co. of Pittsburg, PA v. Crocker, No. 06-0868, 246 S.W.3d 603 (Tex. Feb. 15, 2008)(Justice Willett) (insurance coverage, additional insured, notification) Chau v. Jefferson Riddle, MD, No. 07-0035 (Tex. Feb. 15, 2008)(first, superseded, per curiam opinion) (HCLA, medical malpractice, Good Samaritan defense rejected, summary judgment improperly granted) Substituted opinion issued May 16, 2008: Chau v. Riddle 254 S.W.3d 453 (Tex. 2008) February 8, 2008: Texas Supreme Court Releases One Opinion Resolving Consolidated Cases In the Interest of D.N.C., 252 S.W.3d 317 (Tex. Mar. 8, 2008)(per curiam) (child protection, DFPS suit, termination of parental rights, natural parent presumption, award to conservatorship to child protection agency properly reversed along with termination of parental rights in the absence of independent basis for rebutting parental presumption) — consolidated with — 07-0622 IN THE INTEREST OF T.L.J. AND T.B.J., CHILDREN; from Harris County; 1st district (01-04-01233-CV, 227 S.W.3d 799, 12/21/06) — consolidated with — 07-0623 IN THE INTEREST OF T.J.C. AND T.D.C., CHILDREN; from Harris County; 1st district (01-05-00124-CV, 227 S.W.3d 799, 12/21/06) — consolidated with — 07-0624 IN THE INTEREST OF E.D.C., A CHILD; from Harris County; 1st district (01-05-00126-CV, 227 S.W.3d 799, 12/21/06) — consolidated with — 07-0625 IN THE INTEREST OF J.D.M., A CHILD; from Harris County; 1st district (01-05-00127-CV, 227 S.W.3d 799, 12/21/06) February 1, 2008 Opinions released by the Tex. Sup. Ct. Excess Underwriters at Lloyd's, London v. Frank's Casing Crew & Rental Tools, Inc., No. 02-0730, 246 S.W.3d 42 (Tex. Feb. 1, 2008) (Substitute opinion on rehearing by Justice Harriet O'Neill; 2005 opinion withdrawn) (insurance law, right to reimbursement) Justice Hecht delivered a dissenting opinion, in which Justice Green joined. Justice Wainwright delivered a dissenting opinion. (Justice Brister not sitting) Daimler Chrysler Corp. v. Inman, No. 03-1189, 252 S.W.3d 299 (Tex. Feb. 1, 2008)(Opinion by Justice Nathan Hecht)(consumer law, product liability, class action dismissed on standing grounds, jurisdictional dismissal, DWOJ) Chief Justice Wallace Jefferson delivered a dissenting opinion, in which Justice Harriet O'Neill, Justice Paul Green, and Justice Phil Johnson joined. January 25, 2008 Texas Supreme Court Opinions Arkoma Basin Exploration Co., No. 03-1066, 249 S.W.3d 380 (Tex. Jan. 25, 2008) (Brister) (jury award of fraud damages reversed against some defendants) Justice O'Neill filed a concurring and dissenting opinion. City of Rockwall, Texas v. Hughes, No. 05-0126, 246 S.W.3d 621 (Tex. Jan 25, 2008) (Johnson) (annexation, arbitration construction of statutory provision governing arbitration of municipal annexation disputes) Justice Willett filed a dissenting opinion, in which Justice Hecht, Justice O'Neill, and Justice Brister joined. AIC Management v. Crews, No. 05-0270, 246 S.W.3d 640 (Tex. Jan 25, 2008)(O’Neill) (eminent domain, condemnation, sufficiency of legal description, UDJA, jurisdiction of Harris County Civil Courts at Law) Justice Willett filed a concurring opinion. Living Centers of Texas, Inc. v. Penalver, Living Ctrs. of Tex., Inc. v Penalver, No. 06-0929, 256 S.W.3d 678 (Tex. Jan. 25, 2008)(per curiam) (wrongful death, nursing home negligence, improper jury argument, value of life, Nazi comparison) In re BP Products North America, Inc., No. 07-0119, 244 S.W3d 841(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) Nueces County v. San Patricio County, No. 07-0166, 246 S.W.3d 651 (Tex. Jan. 25, 2008)(per curiam) (governmental immunity, county vs county dispute over wrongfully collected property taxes) Warwick Towers Council of Co-Owners v. Park Warwick L.P., No. 07-0384, 244 S.W.3d 838 (Tex. Jan 25, 2008)(per curiam) (insurance law, sufficiency, effectiveness of notice of appeal in insured's name, rather than insurer's) In Re Torry, No. 08-0057, 244 S.W.3d 849 (Tex. Jan. 25, 2008)(per curiam) (election mandamus against Democratic Party chair) January 11, 2008 Texas Supreme Court Opinions Paj, Inc. v. The Hanover Ins. Co., No. 05-0849, 243 S.W.3d 630 (Tex. Jan. 11, 2008)(Opinion by Justice O'Neill) (insurance law, effect of failure to comply with notice of claim requirements) Justice Willett delivered a dissenting opinion, in which Justice Hecht, Justice Wainwright, and Justice Johnson joined. Houser v. McElveen, No. 06-0504, 243 S.W.3d 646 (Tex. Jan. 11, 2008)(per curiam) (appellate procedure, timeliness of notice of appeal, prisoner suit) ORDERS ON MOTIONS FOR REHEARING THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED: AIG Aviation v. Holt Helicopters, Inc. No. 06-0484 (Tex. Jan. 11, 2008)(Dissenting opinion on reh'g by Justice Willett) (construction of aviation insurance contract) Levine v. Shackelford, No. 06-0553, 248 S.W.3d 166 (Tex. Jan. 11, 2008)(per curiam) (default judgment, motion to set aside, standard, motion for new trial, Craddock test) Jan. 4, 2008 - Texas Supreme Court issues first opinion of the year In Re Brookshire Grocery Co., No. 05-0300, (Tex. Jan. 4, 2008)(mandamus) (Opinion by Wallace Jefferson) (appellate procedure, post-trial motions, procedure, extension of trial court's plenary jurisdiction) Justice Hecht delivered a dissenting opinion, in which Justice Wainwright, Justice Brister, and Justice Green joined. |
2008 TEXAS SUPREME COURT CASES
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TEX.APP. | TEXAS CASE LAW
law-ADR-family-law
law-ADR
law-DJA-declaratory-judgment
law-DSA
law-DWOJ-dismissal-for-want-of-jurisdiction
law-DWOP-dismissal
law-FAA-arbitration-agreement
law-HCLC
law-IIED-intentional-infliction-of-emotional-distress
law-ILA
law-JNOV
law-PI-auto-accidents-negligence
law-Rule-11-TRCP-11
law-SJ-review-on-appeal
law-TTCA
law-UFTA
law-WBA (Whistleblower Act)
law-Wrongful-Death-Act
law-abstract-questions-of-law
law-account stated
law-accrual-of-cause-of-action
law-admissible-inadmissible-evidence
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law-affidavit
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law stipulation
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law-temporary-orders-TRO
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law-test-for-abuse-of-discretion
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law-voluntary-underemployment
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law-workers-comp
law-workplace-injury
plenary-power