Adding its voice to a continuing national debate, the California Supreme Court has adopted the minority rule and held that tort damages for past medical expenses are limited to those amounts actually paid and accepted as full payment for the services provided, when such amounts are determined by an existing agreement with the plaintiff’s … Continue Reading
On May 28, 2010, the Texas Supreme Court granted petitions for review in the following cases: Anglo-Dutch Petroleum Int’l v. Greenberg Peden P.C.—This case concerns the construction of a contingency fee agreement and the circumstances under which a court can conclude that an agreement is ambiguous. Hyde Park Baptist Church v. Turner—This case concerns the … Continue Reading
The California Supreme Court has scheduled oral argument in seven civil cases, five at the end of May and two in Los Angeles at the beginning of June. These hearings should address a wide variety of issues, including: Do employees have a private right of action against employers who take some of the tips? See … 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] 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