The issue is whether statutory attorney fees constitute compensatory damages or costs awarded in the judgment for a deposit to supersede the judgment on appeal. In this mandamus action Nalle Plastics seeks relief from a Corpus Christi law firm's successful effort to increase Nalle's supersedeas deposit to reflect its attorney-fees award. The court of appeals denied the mandamus petition seeking to overturn the trial court’s order increasing the deposit.

Sitting for the court: Justice Paul W. Green, Justice Nathan L. Hecht, Chief Justice Wallace B. Jefferson, Justice Phil Johnson, Justice David Medina, Justice Dale Wainwright, Justice Don R. Willett, Justice Eva Guzman, Justice Debra Lehrmann

10-0223 Centocor Inc. v. Patricia Hamilton and Thomas Hamilton, et al. from Nueces County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Robert M. (Randy) Roach Jr., Houston For respondents/cross-petitioners: Craig T. Enoch, Austin For cross-respondent Michael G. Bullen, M.D.: Thomas F. Nye, Corpus Christi For amici curiae Texas Medical Association, et al.: R. Brent Cooper, Dallas Principal issues are (1) whether the court of appeals erred by discounting the learned-intermediary doctrine when fraud allegations were based on a drug-marketing video shown to patients; (2) whether expert testimony should have been required to assist in establishing that the existing warning was unreasonably dangerous; and (3) whether the product’s side-effects warning can prove causation of one of those effects. In his case the Hamiltons sued after Patricia Hamilton developed lupus-like symptoms from a drug she used to treat her Crohn’s disease. They alleged Centocor, the drug manufacturer, used direct-to-patient advertising that did not include side-effects warnings about symptoms she developed. A jury found Centocor committed fraud and awarded damages, including punitive damages. On review, the appeals court rejected Centocor’s argument that the learned-intermediary doctrine shielded it from liability because Mrs. Hamilton’s prescribing doctor was responsible for warning her about adverse effects. It held the doctrine was defeated when the manufacturer was misleading in a promotional video by omitting potential adverse effects. This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Court's staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court's opinion about case merits. Texas Supreme Court advisory Contact: Osler McCarthy, Staff Attorney for Public Information (512) 463.1441 or email: osler.mccarthy@courts.state.tx.us

Sitting for the court: Justice Paul W. Green, Justice Nathan L. Hecht, Chief Justice Wallace B. Jefferson, Justice Phil Johnson, Justice David Medina, Justice Dale Wainwright, Justice Don R. Willett

(Justice O'Neil and Justice Guzman not sitting) 08-0528 The John G. and Marie Stella Kenedy Memorial Foundation v. Ann M. Fernandez from Nueces County and the 13th District Court of Appeals, Corpus Christi/Edinburg consolidated with 08–0529, Kenedy Memorial Foundation v. Fernandez and 08-0534 Frost National Bank v. Ann M. Fernandez For petitioner Foundation: Macey Reasoner Stokes, Houston For petitioner Frost as trustee: Jacqueline M. Stroh, San Antonio For respondent: Julie Pendery, Dallas This appeal involves bills of review seeking to reopen two cases decided more than 30 years ago and a 60-year-old declaratory judgment on a will construction involving a South Texas ranching fortune. The bills to set aside the judgments were brought on behalf of Ann M. Fernandez, who claims she is a daughter born out of wedlock to famed rancher John G. Kenedy Jr. and a Kenedy housemaid. The principal issues are (1) whether the district court had jurisdiction for its summary judgment favoring the foundation when bills of review in the county probate court seeking the same relief were pending while the probate court determined the heirship claim and (2) whether the discovery rule saves the would-be heir’s claim because the purported paternity was recently discovered. The district court ruled that Fernandez lacked standing to bring her suits, but the court of appeals held that the district court should have abated its cases while the probate court determined heirship, a threshold for the standing question. The first argument begins at 9 a.m. in the courtroom in Austin. Each side will have 20 minutes for argument. This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Court’s staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court’s opinion about case merits. Texas Supreme Court advisory Contact: Osler McCarthy, Staff Attorney for Public Information (512) 463.1441 or email: osler.mccarthy@courts.state.tx.us

Sitting for the court: Justice Paul W. Green, Justice Nathan L. Hecht, Chief Justice Wallace B. Jefferson, Justice Phil Johnson, Justice David Medina, Justice Dale Wainwright, Justice Don R. Willett

(Justice O'Neil and Justice Guzman not sitting) 08-0528 The John G. and Marie Stella Kenedy Memorial Foundation v. Ann M. Fernandez from Nueces County and the 13th District Court of Appeals, Corpus Christi/Edinburg consolidated with 08–0529, Kenedy Memorial Foundation v. Fernandez and 08-0534 Frost National Bank v. Ann M. Fernandez For petitioner Foundation: Macey Reasoner Stokes, Houston For petitioner Frost as trustee: Jacqueline M. Stroh, San Antonio For respondent: Julie Pendery, Dallas This appeal involves bills of review seeking to reopen two cases decided more than 30 years ago and a 60-year-old declaratory judgment on a will construction involving a South Texas ranching fortune. The bills to set aside the judgments were brought on behalf of Ann M. Fernandez, who claims she is a daughter born out of wedlock to famed rancher John G. Kenedy Jr. and a Kenedy housemaid. The principal issues are (1) whether the district court had jurisdiction for its summary judgment favoring the foundation when bills of review in the county probate court seeking the same relief were pending while the probate court determined the heirship claim and (2) whether the discovery rule saves the would-be heir’s claim because the purported paternity was recently discovered. The district court ruled that Fernandez lacked standing to bring her suits, but the court of appeals held that the district court should have abated its cases while the probate court determined heirship, a threshold for the standing question. The first argument begins at 9 a.m. in the courtroom in Austin. Each side will have 20 minutes for argument. This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Court’s staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court’s opinion about case merits. Texas Supreme Court advisory Contact: Osler McCarthy, Staff Attorney for Public Information (512) 463.1441 or email: osler.mccarthy@courts.state.tx.us

Sitting for the court: Justice Paul W. Green, Justice Nathan L. Hecht, Chief Justice Wallace B. Jefferson, Justice Phil Johnson, Justice David Medina, Justice Dale Wainwright, Justice Don R. Willett

(Justice O'Neil and Justice Guzman not sitting) 08-0528 The John G. and Marie Stella Kenedy Memorial Foundation v. Ann M. Fernandez from Nueces County and the 13th District Court of Appeals, Corpus Christi/Edinburg consolidated with 08–0529, Kenedy Memorial Foundation v. Fernandez and 08-0534 Frost National Bank v. Ann M. Fernandez For petitioner Foundation: Macey Reasoner Stokes, Houston For petitioner Frost as trustee: Jacqueline M. Stroh, San Antonio For respondent: Julie Pendery, Dallas This appeal involves bills of review seeking to reopen two cases decided more than 30 years ago and a 60-year-old declaratory judgment on a will construction involving a South Texas ranching fortune. The bills to set aside the judgments were brought on behalf of Ann M. Fernandez, who claims she is a daughter born out of wedlock to famed rancher John G. Kenedy Jr. and a Kenedy housemaid. The principal issues are (1) whether the district court had jurisdiction for its summary judgment favoring the foundation when bills of review in the county probate court seeking the same relief were pending while the probate court determined the heirship claim and (2) whether the discovery rule saves the would-be heir’s claim because the purported paternity was recently discovered. The district court ruled that Fernandez lacked standing to bring her suits, but the court of appeals held that the district court should have abated its cases while the probate court determined heirship, a threshold for the standing question. The first argument begins at 9 a.m. in the courtroom in Austin. Each side will have 20 minutes for argument. This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Court’s staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court’s opinion about case merits. Texas Supreme Court advisory Contact: Osler McCarthy, Staff Attorney for Public Information (512) 463.1441 or email: osler.mccarthy@courts.state.tx.us