Today, in a widely anticipated decision, the California Supreme Court held that California’s interest in protecting a current resident does not trump another state’s interest in having its laws applied. This occurred in the context of an asbestos case. The defendant’s conduct occurred in Oklahoma, at a time when plaintiff was present in and a … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Sexual Harassment. Did plaintiff submit sufficient evidence to establish the elements of a sexual harassment claim? Was plaintiff constructively discharged under the facts of the case? Or was the evidence sufficient to support the jury’s finding of malice and a subsequent award of punitive damages against a corporate defendant for … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Stranded Costs, Transition to Competitive Marketplace. Is utility entitled to recover interest on certain “stranded costs” it incurred during transition from land-regulated to competitive marketplace? Is utility permitted to recover a valuation panel fee as an expense? Must new on-site generators of electricity continue to pay utility to offset its … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Causation, Preemption, Safer Alternative Design, Jury Misconduct. Was claimant required to introduce into evidence at least two statistically significant scientific studies showing that Vioxx more than doubled the risk of heart attack, or is evidence from a clinical trial sufficient? Did claimant’s expert sufficiently account for alternate causes of account … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Civil Forfeiture. Did the court of appeals err in determining that the trial court incorrectly disregarded the jury’s findings that currency found in a truck was not contraband where there was no direct evidence linking the currency to any drug transaction? If the currency is not contraband, is an innocent … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Equine Activity Act. Do provisions of the Equine Activity Act, Tex. Civ. Prac. & Rem. Code § 87.001 et seq., providing that certain persons are not liable for damages resulting from risks inherent to an equine activity apply to a claim that defendant was negligent in leading plaintiff into a … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Governmental Immunity and Waiver, Declaratory Judgment Act. Did the Dallas City Charter and/or Tex. Loc. Gov. Code § 51.075, providing that a municipality may “plea and be impleaded in any court,” waive governmental immunity? May a municipality which has waived governmental immunity through asserting a counterclaim reinstate that immunity by … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Prostitution. May a 13-year-old juvenile be adjudicated delinquent for the offense of prostitution, even though juvenile could not have given valid consent to sexual acts? In re B.W., No. 08 1044, formerly 274 S.W.3d 179 (Tex. App.—Houston [1st Dist.] 2008), review granted 10/23/09.… Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Personal Jurisdiction Over Corporate Officers. Are corporate officers subject to personal jurisdiction in Texas for claims arising under the Texas Trust Fund Act where officers controlled trust funds intended for payments of persons providing labor or material to Texas construction projects? May Texas assert personal jurisdiction over corporate officers with … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Law of the Case Doctrine, Jurisdiction of State Courts After Removal, Recusal. Does a federal court order establish law of the case with respect to whether remand had properly been carried out? Did appeal of remand order in federal court deprive the state court of jurisdiction? Did judge err in … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Conversion, Punitive Damages. Does probative evidence support the finding that defendant stole 13 cattle? Did evidence support finding that defendant acted with malice under the “clear and convincing standard?” Is award of over $1 million in punitive damages constitutionally excessive in case involving theft of cattle worth approximately $5,000? Bennett v. … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Assumption of Liability Exclusion. Where the insured is immune from tort liability as a government contractor and the alleged contractual liability mirrors tort liability, does the insurance policy’s assumption of contractual liability exclusion apply? Did insurer waive its coverage defenses by associating in the defense of the insured? Gilbert Texas Construction … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Application of Expert Report Requirements. Does section 74.531 of the Civil Practice & Remedies Code, which requires the production of an expert report in the early stages of a healthcare liability claim, apply to the claims against a water park with respect to the placement of a defibrillator and the … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Availability of Interlocutory Appeal. Were a private hospital and a resident employed by the hospital entitled to bring an interlocutory appeal of a denial of a summary judgment based upon governmental immunity? Based on sections 3.12006 and 3.12007 of the Texas Health Code, when did the hospital or government unit and … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Availability of Free Record. Were petitioner’s due process rights violated when the trial court denied him a free clerk’s record and reporter’s record pursuant to Tex. Civ. Prac. & Rem. Code § 13.003? Did petitioner waive his complaint by failing to raise constitutional arguments at the hearing on his request … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Retaliatory Discharge. Does the Anti-Retaliation Act, Tex. Lab. Code § 451.003, require a worker to exhaust administrative remedies before filing suit? Travis Central Appraisal District v. Norman, No. 09 0108, formerly 274 S.W.3d 902 (Tex. App.—Austin 2008), review granted 08/28/09. Sexual Harassment. Did plaintiff submit sufficient evidence to establish the elements … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Depository Contracts, Probate Code. Did bank breach a depository contract as a matter of law when it granted access to an estate’s account to a person presenting false Letter of Administration? Does section 186 of the Texas Probate Code, providing that Letters of Administration are sufficient evidence of the appointment … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Jury Instructions—Mitigation of Damages—Usury—Consumer Status. Did the trial court correctly submit the issue of causation in its jury instruction? Was lender’s oral agreement to pay delinquent property taxes supported by consideration? Did lender’s agreement to pay taxes amount to the provision of an escrow service thereby conferring consumer status on … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Takings, Standing. Does the operator of non-consent towing and storage facility have a sufficient property interest in the stored vehicles to support a takings claim? May the operator assert a claim under the Declaratory Judgment Act? Are operator’s claims moot since it is no longer licensed to operate a vehicle … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Commercially Reasonable Sales Upon Repossession. Did the evidence establish that the sale of repossessed vehicles were commercially reasonable under the Uniform Commercial Code § 9.610. Regal Finance v. Tex Star Motors, No. 08 0148, formerly 246 S.W.3d 745 (Tex. App.—Houston [14th Dist.] 2008), review granted 03/27/09.… Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Expanded Scope of Judicial Review in Arbitration. Does the Texas Arbitration Act permit enforcement of a contractual provision expanding the scope of judicial review of an arbitration award? NAFTA Traders v. Quinn, No. 08 0613, formerly 275 S.W.3d 795 (Tex. App.—Dallas 2008), review granted 03/27/09. … Continue Reading
[UPDATED THROUGH SEPTEMBER 7, 2010] … Continue Reading
[UPDATED THROUGH SEPTEMBER 29, 2016] Is Parental Fault or Neglect Needed for Dependency Jurisdiction? After the Court of Appeal affirmed orders in a juvenile dependency proceeding, the Supreme Court granted review of the following issue: Does Welfare and Institutions Code § 300(b)(1) authorize dependency jurisdiction without a finding that parental fault or neglect is responsible for … Continue Reading
[UPDATED THROUGH SEPTEMBER 29, 2016] When Is a City Required to Place a Tax Proposal on the Ballot? After the Court of Appeal in an action for administrative mandate reversed the judgment denying a request to compel a ballot measure, the Supreme Court granted review on the following issue: Is a proposed initiative measure that … Continue Reading
