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Title begins with:
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AMERICAN K-9 DETECTION SERVICES LLC AND HILL COUNTRY DOG CENTER LLC V. LATASHA FREEMAN (15-0932) - view video
12/7/2017 @ 9:00 AM (length 42:12)
Originating county: Bandera County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
In this dog-bite case, by a military-contractor employee against another contractor that supplied bomb-sniffing dogs and its animal supplier, principal issues are (1) whether the trial court erred by designating the Army as a responsible third party (and, if not, whether the injury claims fall under the political-question doctrine); (2) whether the Federal Tort Claims Act's combatant-activities exception preempts the injury claims; (3) whether American K-9 has official immunity by delegation of a government function; (4) whether the trial court erred by denying the plaintiff Freeman her request to replead her claims; and (5) whether the appeals court erred by reversing dismissal of claims against Hill Country Dog Center, which supplied the dogs to American K-9.
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BADIGA V. LOPEZ (05-0801) - view video
9/9/2008 @ 9:00 AM (length 39:58)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
05-0801 S. Murthy Badiga, M.D. v. Maricruz Lopez from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Diana L. Faust, Dallas For respondent: E. A. Villareal Jr., Edinburg The Supreme Court will hear arguments on whether in a medical-malpractice case a trial court's refusal to dismiss for failure to file a timely expert report can be subject to an interlocutory appeal. In this case the expert report was served three and a half months after the 120-day deadline, after the trial court granted two motions to extend time. A principal issue in this medical-malpractice case is whether an interlocutory appeal can be taken from a trial court's refusal to dismiss the lawsuit because an expert report was not filed on time. In this case the expert report was served three and a half months after the 120-day deadline, after the trial court granted two extensions. To support the second motion, Lopez contended the report was late because of a clerical error, not indifference. The case poses a statutory conflict between a provision that prohibits interlocutory appeals from orders denying dismissal when an extension is granted to cure a deficient expert report and a provision allowing such appeals when a dismissal motion is denied when an expert report is not filed on time. In this case the court of appeals dismissed the interlocutory appeal for want of jurisdiction. 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
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BERRY V. BERRY (20-0687) - view video
2/24/2022 @ 10:50 AM (length 47:38)
Originating county: Nueces County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
This case, a dispute regarding the lease of a family ranch, raises four primary issues. First, does a person named in a trust agreement as a contingent beneficiary have standing under the Trust Code to bring claims against trustees? Second, does a co-trustee of a trust have standing to bring claims against non-co-trustee third parties? Third, does a co-trustee of a trust that owns a limited partnership share of a partnership have derivative standing to bring claims on behalf of the partnership? And fourth, is a co-trustee with arguable notice of other co-trustees' likely breach of fiduciary duty required to search public records for evidence of that breach?
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BIC PEN CORP. V. CARTER (09-0039) - view video
3/23/2010 @ 9:00 AM (length 52:32)
Originating county: Matagorda County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
(Justice Green not sitting) 09-0039 BIC Pen Corp. v. Janace M. Carter from Matagorda County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Reagan W. Simpson, Austin For cross-petitioner/respondent: Lisa Powell, McAllen Principal issues in this case involving injuries resulting from a child playing with a lighter are (1) whether federal law preempts the manufacturing-defect claim and the causation theory based on it; (20 whether legally sufficient evidence supported causation and a manufacturing defect; and (3) whether legally sufficient evidence supported the jury's malice finding for exemplary damages. The Court earlier held that federal law by implication preempted a lighter design-defect claim in reversing a judgment for Carter. On remand, the court of appeals affirmed the jury's manufacturing-defect verdict for Carter, but reversed the punitive-damages award. 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
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CENT. READY MIX CONCRETE CO. V. ISLAS (05-0940) - view video
3/21/2007 @ 10:40 AM (length 41:45)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
05-0940 Central Ready Mix Concrete Co. Inc. v. Luciano Islas from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg A principal issue is whether a contractor owes any duty for the safety of an independent subcontractor's employees performing dangerous work. In this case Islas sued Central Ready Mix for injuries he suffered as he cleaned the rotating mixer on one of Central's cement trucks. Islas, employed by a subcontractor hired by Central to clean the trucks' mixing drums, was caught as he was climbing out of the mixing drum when a co-worker started the truck and the mixer began turning. A jury determined that Central was 20 percent responsible, but the trial court granted the company's motion to disregard the verdict. The court of appeals reversed.
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CENTOCOR, INC. V. HAMILTON (10-0223) - view video
12/8/2011 @ 9:00 AM (length 59:21)
Originating county: Nueces County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
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
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COLUMBIA RIO GRANDE HEALTHCARE, L.P. V. HAWLEY (06-0372) - view video
1/17/2008 @ 9:00 AM (length 43:32)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
06-0372 Columbia Rio Grande Healthcare L.P. v. Alice H. Hawley and James A. Hawley from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Charles Watson, Austin For respondents: Darrin Mitchell Walker, Kingwood The Supreme Court will hear arguments on among principal issues in this medical-malpractice and wrongful death case against a hospital are (1) whether the trial court erred by refusing an instruction on new and independent cause when a pathology report diagnosed cancer that the patient did not receive for almost a year; (2) whether the trial court erred by refusing a "lost chance" instruction when conflicting evidence assessed the patient's survival chances; and (3) whether by failing to instruct the jury to disregard the independent pathologist's negligence the trial court commingled valid and invalid liability theories. The Hawleys sued the hospital, claiming the hospital was at fault for the pathology report's delay and that when she learned of the cancer after it became untreatable. She died while the case was on appeal. The trial court refused instructions on new and independent cause - that the doctors' delay in reading the pathology report caused any delay in the prospect of treatment; on "lost chance" - that the delay did not harm her because her chances of survival might have been less than 50 percent; and on not taking account of the pathologist's possible negligence as negligence by the hospital, because the pathologist worked for an independent contractor, not the hospital. The court of appeals affirmed.
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COLUMBIA VALLEY HEALTHCARE SYS., L.P. V. A.M.A (20-0681) - view video
2/23/2022 @ 9:50 AM (length 46:49)
Originating county: Cameron County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
The principal issue in this case is whether the district court is required to submit questions on life expectancy and annual healthcare expenses to the jury under the Periodic Payment Statute. Ana Ramirez (Ramirez) went to Valley Regional Medical Center (Valley Regional) for premature labor with her son. Ramirez was primarily under the care of her nurses. Her obstetrician was on call. During her stay, the baby's heartbeat repeatedly dropped. Ramirez's obstetrician performed an emergency c-section. The umbilical cord was tightly wrapped around the baby's neck, cutting off oxygen. The baby was ultimately diagnosed with cerebral palsy.
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COMMUNITY HEALTH SYSTEMS PROFESSIONAL SERVICES CORP. ET AL. V. HENRY ANDREW HANSEN II, M.D. (14-1033) - view video
3/2/2017 @ 9:45 AM (length 45:20)
Originating county: Brazos County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
The principal issues are (1) whether a cardiovascular surgeon's firing, under a contract provision allowing termination without cause after a set employment period, requires the employer to prove it fired the surgeon on without-cause grounds to disprove a contract-breach claim; (2) whether the employment contract's stipulation for "annual practice losses" is ambiguous and, if not, whether the hospital the employer established the condition to terminate without cause; (3) whether a tortious interference-with-contract claim is precluded if the contract was not breached; and (4) whether the Second Torts Restatement's truthful-information defense (section 772) should be adopted in this case and, if so, whether it would cover a consultant's performance assessment to preclude the tortious-interference claim.
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DEALERS ELECTRICAL SUPPLY CO. V. SCOGGINS CONSTRUCTION CO., INC. (08-0272) - view video
2/3/2009 @ 9:50 AM (length 43:51)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
08-0272 Dealers Electric Supply Co. v. Scoggins Construction Co. Inc. and Bill R. Scoggins from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Ben L. Aderholt, Houston For respondents: William F. Kimball, Harlingen For amici curiae American Subcontractors Association Inc. and Houston Hispanic Chamber of Commerce: J. Brett Busby, Houston The principal issue is whether the McGregor Act, prohibiting liens against a public building and providing for suit against principals and sureties over payment bonds, is an exclusive remedy to recover for credit extended to a subcontractor that abandoned an elementary school construction project. In this case Dealers sued for payment on $78,000 worth of materials an electrical subcontractor got under a joint checking account before abandoning the construction and absconding with the materials. At first Dealers sued the subcontractor, Scoggins and two bond companies from which Scoggins bought bonds to meet its McGregor Act obligations. Then when Dealers dropped the suits against the bond companies because it missed statutory notice deadlines, it continued the suit for payment under the Texas Construction Trust Fund Act and under the joint checking account. The trial court determined that Scoggins owed Dealers almost $136,000 in damages, costs and interest. The court of appeals reversed, holding that the McGregor Act was Dealers' exclusive remedy, which it lost for failure to give statutory notice to the bond companies. 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
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DOCTORS HOSPITAL AT RENAISSANCE LTD. AND RGV MED LLC V. JESUS JAIME ANDRADE AND JESSICA ANDRADE (15-0563) - view video
3/10/2016 @ 9:00 AM (length 43:56)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
The issues are (1) whether a limited partnership that owns a hospital may be vicariously liable for a physician's negligence when the doctor is a limited partner and (2) whether the general partner may be vicariously liable too. In this case the Andrades sued for their daughter's injuries that they attribute to an obstetrician's negligence during her birth. They added as defendants the hospital limited partnership and the hospital's general partner, RGV Med. Their suit bases that vicarious liability principally on Texas Business Occupations Code section 152.303(a), which makes a partnership responsible for injuries when a partner - the doctor in this case - acts in the partnership's ordinary business or with the partnership's authority. Both the hospital limited partnership and its general partner argue that they did not control the doctor's medical judgment and that their ordinary business was providing and operating the hospital, not obstetrical services. The trial court denied summary judgment for the partnership and general partner. The appeals court affirmed on interlocutory review, holding summary judgment was precluded by an unresolved fact question: whether the doctor was acting within the scope of the partnership business or with its authority.
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EDUCATION COMMISSIONER MICHAEL L. WILLIAMS V. STERLING CITY INDEPENDENT SCHOOL DISTRICT ET AL. (14-0986) - view video
12/9/2015 @ 9:00 AM (length 43:21)
Originating county: Nueces County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
In this case by school districts challenging rulings that each owes the state more money under the school-finance law because of increased property values, the issues are (1) whether the education commissioner acted without authority by his interpretation of the school-finance law to require the districts to give back money and, if so, (2) whether the trial court's relief - granting credits by an accounting adjustment - is properly prospective in an ultra vires suit. After the commissioner ordered the Sterling City district to pay more to account for higher property-tax revenues, the district sued, contending the commissioner ordered the "claw back" by going beyond three statutory factors controlling when a district could be ordered to rebate money to the state. The trial court denied the commissioner's jurisdictional plea, based on sovereign immunity, concluding the commissioner acted without authority and immunity does not protect his discretion to interpret the school-finance law without judicial review. The court of appeals affirmed.
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EXXONMOBIL CORP., ET AL. V. GILBERTO RINCONES (15-0240) - view video
2/7/2017 @ 9:00 AM (length 54:54)
Originating county: Cameron County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
In this appeal from reversal of summary judgment against Rincones, principal issues are (1) whether limitations bars negligence and tortious interference claims against a contract drug-testing company that alleged negligent analysis of a drug screen; (2) whether the appeals court erred by its tacit approval of a "self-compelled" defamation claim, based on Rincones reporting to a subsequent employer his discharge because of the drug test; (3) whether Rincones's evidence supported his discrimination claim against the employer that fired him; (4) whether evidence supported his retaliation claim against his employer; and (5) whether ExxonMobil, which contracted with Rincones's employer to provide refinery workers, may be vicariously liability for the drug-testing company's negligence based on ExxonMobil's adoption of a drug-safety program.
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FORD MOTOR CO. V. CASTILLO (06-0875) - view video
2/5/2008 @ 9:50 AM (length 47:39)
Originating county: Cameron County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
06-0875 Ford Motor Co. v. Ezequiel Castillo, et al. from Cameron County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Craig A. Morgan, Austin For respondents: Roger W. Hughes, Harlingen The Supreme Court will hear arguments on whether summary judgment for contract breach was proper to enforce settlement. In this case involving allegations of a rogue juror, the principal issues are (1) whether the trial court erred by granting summary judgment on a settlement agreement without independent breach-of-contract pleadings and (2) whether the trial court erred by refusing additional discovery on jury misconduct allegations. Castillo and Ford promptly settled Castillo's personal-injury suit, alleging an accident caused by Ford's vehicle design defects, after the presiding juror sent a note to the judge asking what the limit on damages was. After the trial court dismissed the jury, Ford contended jurors told its lawyers that the presiding juror sent the note on her own and that the jury as a whole was leaning in Ford's favor. The trial court denied Ford's later motion to set aside the settlement agreement, based on jury misconduct or mutual mistake, or both, finding neither mutual mistake nor jury misconduct and ordered payment according to the agreement. When Ford did not pay, Castillo moved for summary judgment for breach of the settlement agreement. The trial court granted the motion. In a split decision, the court of appeals affirmed.
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FORD MOTOR CO. V. GARCIA (10-0953) - view video
12/8/2011 @ 10:50 AM (length 45:07)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
10-0953 Ford Motor Co. v. Richard H. Garcia from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Michael Eady, Austin For respondent: Isaac Tawil, McAllen The principal issues are whether the trial court abused its discretion by awarding fees to a guardian ad litem for work allegedly outside the scope of his appointment or relied on insufficient evidence in its award. Ford appealed Garcia's $28,200 award for his appointment as a guardian ad litem. The trial court appointed him to protect the interests of a man in a settlement by Ford with the man, who suffered traumatic brain injury, and his wife. Ford argues the guardian ad litem billed for review of litigation documents and other work that exceeded his need to assure the injured man's interests in a proposed settlement. Ford also argued the guardian's invoice did not specify how much time was spent on his review or how much was spent by his staff. The court of appeals affirmed the trial court's award of Garcia's fee. 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
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FOREST OIL CORP. V. MCALLEN (06-0178) - view video
10/16/2007 @ 9:50 AM (length 43:30)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
06-0178 Forest Oil Corp. and Daniel B. Worden v. James Argyle McAllen, et al. from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioners: Geoffrey L. Harrison, Houston For respondents: Craig T. Enoch and David Morris, Austin The Supreme Court will hear arguments on the issue of whether arbitration clause in settlement bars. The principal issues are (1) whether a disclaimer in a settlement contract - that no other representations were made - bars a claim that an arbitration clause in the settlement was fraudulently induced; (2) whether reliance on a representation contrary to the contracts was justified; and (3) whether reliance on a representation during settlement negotiations was justified. In this case McAllen sued for personal injuries and for death of an endangered rhinoceros that allegedly resulted from radioactive pipe that Forest Oil had used on McAllen's property and that the company donated for McAllen's use on a reserve for exotic animals. McAllen and Forest Oil's settlement agreement ended a royalties dispute and included, among other provisions, an arbitration agreement for environmental claims not covered by the settlement. When Forest Oil moved to compel arbitration, McAllen countered that he was fraudulently induced to agree to arbitration on assurances that contamination or environmental problems did not exist on the land. The trial court denied arbitration and the court of appeals affirmed.
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G.T. LEACH BUILDERS LLC, ET AL. V. SAPPHIRE V.P., L.P. (13-0497) - view video
11/5/2014 @ 10:40 AM (length 39:33)
Originating county: Cameron County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
In this arbitration dispute the principal issues include (1) whether the trial court erred by interpreting a limitations clause to bar arbitration instead of leaving that decision to the arbitrator; (2) whether that bar on arbitrating contract claims should also extend to arbitrating the lawsuit's negligence claims; and (3) whether non-signatories to the contract can compel arbitration when the contract specified that third parties could not claim rights under it. In this case Leach, a general contractor building Sapphire's South Padre Island condominium project, moved to compel arbitration after it was joined in Sapphire's lawsuit against insurance brokers and architects. Sapphire sought flooding damages caused by Hurricane Dolly in 2008, alleging the insurance brokers allowed coverage to lapse before the project was finished and the architects negligently designed the project. The brokers and architects then joined Leach and its subcontractors. Leach and later the subcontractors moved to compel arbitration based on Leach's contract with Sapphire. The trial court ruled for Sapphire that Leach's move for arbitration was too late under the contract's limitations clause and that the contract barred non-signatories from claiming any rights under it despite a provision allowing arbitration by joined parties. The appeals court affirmed.
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GENIE INDUSTRIES INC. V. RICKY MATAK, ET AL. (13-0042) - view video
9/17/2014 @ 9:50 AM (length 42:07)
Originating county: Jefferson County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
The principal issue is whether legally sufficient evidence supported a jury's design-defect finding when a fully extended indoor-utility lift fell with a worker at the top of it when it was moved contrary to warnings. Matak's estate sued Genie for defectively designing the lift, arguing that four alternative designs would have prevented his death. With Matak in a bucket 40 feet above a church floor where he was installing fiber-optic cables in a ceiling, a co-worker and a church employee tried to move the lift despite placards on the machine that moving it with the lift extended could result in death or serious injury. Jurors found the lift was defectively designed. The appeals court affirmed judgment for Matak's estate.
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HALLMARK MARKETING CO. LLC V. TEXAS COMPTROLLER GLENN HEGAR AND ATTORNEY GENERAL KEN PAXTON (14-1075) - view video
12/9/2015 @ 9:50 AM (length 43:24)
Originating county: Travis County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
In this tax-protest case the issue is whether Hallmark was obligated to include a net loss from sale of an investment asset when it reported its companywide gross receipts in calculating its Texas franchise tax. The comptroller alleges Hallmark underpaid by close to $200,000 its franchise tax for 2008 because it did not include in its calculations a $628 million loss on investments that the company deducted on its federal taxes. By failing to include the loss, Hallmark's gross receipts reported to Texas were greater that the comptroller believes they should have been and, as the comptroller argues, because those receipts are divided by what Hallmark sold in Texas its franchise-tax calculation was smaller than it should have been. But Hallmark argues that the franchise-tax law requires it specifically to include in its gross receipts only a net gain from an investment or capital-asset sale, not a loss. The appeals court held the comptroller's interpretation was reasonable.
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IN RE COLUMBIA VALLEY HEALTHCARE SYSTEM, L.P. (08-0995) - view video
2/18/2010 @ 9:00 AM (length 50:38)
Originating county: Cameron County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
08-0995 In re Columbia Valley Healthcare System, L.P. from Cameron County and the 13th District Court of Appeals, Corpus Christi/Edinburg For relator: Mike A. Hatchell, Austin For real parties in interest: Carlos Escobar and Juan A. Magallanes, Brownsville The issue is whether a legal assistant who worked on the other side of a case disqualifies her new law firm when the extent of her involvement in the case was allegedly administrative. In this medical-malpractice case attorneys for a hospital's owners moved to disqualify the plaintiffs' law firm because one of its legal assistants had been employed by the hospital's lead counsel, responsible for filing privileged documents and handling investigative material and documents pertaining to strategy and settlement. Before she left the hospital's law firm she signed a confidentiality agreement that obligated her not to work on any matter that she previously worked on for the law firm. The counsel who hired her admonished her not to work on cases she worked on at the previous firm, although she filed correspondence involving the malpractice case and did other work, including rescheduling a docket conference, handling correspondence and calls concerning it and copying the plaintiffs' son's birth certificate and Social Security records. The trial court denied the disqualification motion. The appeals court affirmed. 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
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IN RE EDUARDO "WALO" GRACIA BAZAN (06-0952) - view video
9/26/2007 @ 10:40 AM (length 41:19)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
06-0952 In re Eduardo "Walo" Gracia Bazan from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For relator: Kelly K. McKinnis, McAllen For real party in interest: Cheryl Hole, Edinburg The Supreme Court will hear arguments on the issue of whether 'forgiveness doctrine' operates to bar removal of officer convicted of crime alleged before re-election. The issue is whether is a constable may be removed from office and suspended pending appeal for a conviction that occurred years before his re-election. Bazan, a constable elected from a Hidalgo County precinct, seeks mandamus relief from a court order removing him for a felony conviction and suspending him during his appeal. Bazan was convicted of stealing a car by deception on allegations dating to October 2001, three years before he was re-elected. The trial court cited two provisions of the Texas Local Government Code requiring the removal and suspension, but Bazan argues that Local Government Code section 87.001 bars his removal for crimes that occurred before his re-election. The state argues that the Texas Constitution prohibits anyone convicted of bribery from holding public office, that Bazan's crime was bribery, so the constitution trumps Local Government Code section 87.001. The court of appeals denied Bazan's mandamus petition.
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IN RE FORD MOTOR CO. (12-0957) - view video
12/3/2013 @ 9:40 AM (length 41:22)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
Among issues in this effort to vacate a Texas trial setting on product-liability claims from a rollover accident in Mexico are (1) whether the person killed in the accident and his death beneficiaries are a "single plaintiff" under Texas Civil Practice and Remedies Code section 71.051(h)(2) and (2) whether only the decedent's residence must be considered when determining the plaintiff's status as a legal Texas resident under section 71.051(e). In this case Juan Tueme Mendez, the driver of a Ford Explorer in the accident that killed his brother, Cesar Mendez, sued his brother's estate administrator in a Texas probate court where probate was filed. The administrator then sued Ford and the tire manufacturer. The administrator, Cesar Mendez's daughter, is a U.S. citizen and Texas resident. Both Mendez brothers were Mexican citizens with U.S. visas, although Ford and the administrator, together with Cesar's relatives who intervened, dispute whether Cesar was a Mexican resident. Two relatives who intervened, another of Cesar's daughters and her mother, are U.S. citizens and Texas residents. The trial court denied Ford's motion to dismiss, arguing that the forum was inconvenient. Ford petitioned for mandamus relief, but the court of appeals denied it.
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IN RE SCOGGINS CONSTRUCTION CO., INC. (08-0544) - view video
10/8/2009 @ 9:00 AM (length 47:27)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
08-0544 In re Scoggins Construction Co. Inc. from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For relator: Craig A. Morgan, Austin For real party in interest: Lee H. Shidlofsky, Austin The principal issues are (1) whether the trial court clearly abused its discretion when it denied Scoggins, a general contractor for a school-construction project, permission to join subcontractors in the school district's breach-of-contract suit against Scoggins or to designate them as responsible third parties for allocating damages and (2) whether Scoggins has an adequate remedy by appeal if the trial court did abuse its discretion. After the Mercedes school district sued Scoggins, the trial court refused Scoggins' motion for leave to add the subcontractors pursuant to civil procedure Rule 38 or to designate them as responsible third parties under Civil Practices and Remedies Code chapter 33. The appeals court denied mandamus relief. 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
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INTERCONTINENTAL GROUP P'SHIP V. KB HOME LONE STAR L.P. (07-0815) - view video
3/12/2009 @ 9:50 AM (length 45:00)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
07-0815 Intercontinental Group Partnership v. KB Home Lone Star L.P. from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Jesse R. Castillo, San Antonio For respondent: Renee F. McElhaney, San Antonio The issue is whether in a contract-breach action the plaintiff can be the prevailing party, for attorney fees purposes, when the jury found the defendant breached the contract but did not award damages. 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
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JCW ELEC., INC. V. GARZA (05-1042) - view video
10/18/2007 @ 9:00 AM (length 45:38)
Originating county: Cameron County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
05-1042 JCW Electronics Inc. v. Pearl Iriz Garza from Cameron County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Thomas F. Nye, Corpus Christi For respondents: Jane Webre, Austin The Supreme Court will hear arguments on the issue of whether implied-warranty damages are subject to comparative liability restrictions. The principal issues in this product-liability case include (1) whether damages for breach of implied warranty are subject to the proportionate-responsibility statute or comparative responsibility under the Uniform Commercial Code chapter 2; (2) whether a contractor who installed a telephone in a jail cell can be liable based on breach of implied warranty for an inmate's suicide when the inmate used a phone cord to strangle himself; and (3) whether JCW was deprived of its statutory suicide defense by the trial court's denial of a jury question on it. Among other claims, Garza, mother of the man who committed suicide, sued for negligence and for breach of an implied warranty of suitability for a particular purpose. Jurors found for Garza on the warranty claim and determined the inmate was 60 percent negligent. The trial court denied the company's motion for a take-nothing judgment, based on proportionate responsibility. The court of appeals affirmed.
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JOSE CARRERAS, M.D., P.A. V. MARROQUIN (09-0857) - view video
10/14/2010 @ 9:50 AM (length 15:15)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
09-0857 Jose Carreras, M.D. v. Carlos Francisco Marroquin, et al. from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Ronald G. Hole, McAllen For respondents: Fernando G. Mancias, Edinburg The issue is whether the medical-malpractice limitations period is postponed under Civil Practices and Remedies Code section when the plaintiff gives pre-suit notice within the two-year limitations but not the required medical-information release. After his wife died following surgery, Marroquin sued Dr. Carreras. His notice of the lawsuit did not include a release for his wife's medical records. He then filed suit after the two-year limitations had run, but authorized the release several months later. Marroquin argues that section 74.051(c) tolls limitations when the pre-suit notice is sent and the required release, which section requires to be filed with the pre-suit notice, is independent of the tolling provision and has its own penalty for noncompliance. The trial court denied Carreras' summary-judgment motion and the court of appeals affirmed. Texas Supreme Court advisory Contact: Osler McCarthy, Staff Attorney for Public Information (512) 463.1441 or email: osler.mccarthy@courts.state.tx.us
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JUAN MARIO VILLAFANI, M.D. V. TREJO (06-0501) - view video
4/10/2007 @ 9:50 AM (length 38:22)
Originating county: Cameron County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
06-0501 Juan Mario Villafani, M.D. v. Adela Trejo from Cameron County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: TBA For respondent: Robert E. Brzezinski, San Antonio The principal issue is whether an appellate court has jurisdiction to consider an appeal from the trial court's refusal to dismiss a medical-malpractice lawsuit, based on an allegedly inadequate expert report, when the plaintiff later took a nonsuit dropping the action but retaining the possibility of filing another. In this case, filed under the previous medical-malpractice statute, the trial court granted Trejo a nonsuit without prejudice after it denied the doctor's motion for sanctions and dismissal. The court of appeals, in a split decision, affirmed.
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KERLIN V. SAUCEDA (05-0653) - view video
4/22/2008 @ 10:00 AM (length 54:01)
Originating county: Cameron County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
(05-0653) Gilbert Kerlin, et al. v. Conception Sauceda, et al. from Cameron County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioners: Claudia Wilson Frost and Jeremy Gaston, Houston For respondents: Jules L. Laird Jr., Houston The Supreme Court will hear arguments of limitations issue in heirs' claim to Padre Island land. In this case, a lawsuit by descendants of an original land-grant owner of Padre Island claiming interest in thousands of acres of the island, principal issues include (1) whether the statute of limitations was tolled by Kerlin's absence from the state and (2) whether equity should bar the claim. Descendants of Juan Jose Balli - whose uncle was Padre Island's namesake - sued Kerlin, claiming breach of contract, fraud and breach of fiduciary duty arising originally from Kerlin's purchase from the Balli heirs of any Padre Island interests by quitclaim deed in the 1930s. The Balli claimants also sued two of Kerlin's companies. Kerlin's purchase reserved to the Balli heirs a fraction of gas and oil royalties, if any such royalty interest existed. Kerlin bought the interests by quitclaim deed based on the prospect that the Balli heirs might still have legal title, based on a rescinded sale of the land in 1830. Kerlin and his companies argue that the statute of limitations in this case cannot be halted because, though he was out of state since the quitclaim deeds were bought, his companies were Texas-based. And even if limitations were tolled, they argue, the heirs should be barred by laches from bringing the lawsuit because they waited too long to sue, to the point when almost all witnesses to the half-century-old dealings were dead. A jury awarded damages to the Balli heirs. The court of appeals affirmed.
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KING FISHER MARINE SERVICE L.P. V. JOSE H. TAMEZ (13-0103) - view video
12/5/2013 @ 9:40 AM (length 42:44)
Originating county: Cameron County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
In this maritime case, the issues are (1) whether the trial court erred by rejecting a jury-charge modification submitted after the charge conference but before the jury was charged and (2) whether the appeals court erred by determining that Tamez was following specific orders in an emergency despite differing evidence on the point (bearing on his damage award under the Jones Act because the jury found he was 50-percent negligent). Tamez, who claimed he injured an arm when summoned to help the boat captain and another seaman, sued. At the charge conference Tamez asked for and got a question whether the injury resulted from his response to a specific order. Then after the conference, King Fisher Marine objected to the specific-order question and offered an instruction defining jury charge. The trial court ruled the objection was too late. Jurors found Tamez 50 percent responsible for his injury and awarded him damages, finding he was working under a specific order. The appeals court affirmed, then denied rehearing despite both parties arguing that Weeks Marine Inc. v. Garza, a subsequent decision defining specific order under maritime law, should be analyzed.
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MCALLEN HOSPITALS L.P. V. STATE FARM MUTUAL INSURANCE CO. OF TEXAS (12-0983) - view video
12/4/2013 @ 9:00 AM (length 48:02)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
The issues are (1) whether a settlement check jointly payable to the hospital lienholder and claimant releases the insurer from liability under the state's hospital lien statute and (2) whether the hospital lienholder may sue the insurer when the settlement check was cashed with only the claimant's signature. In this case two people injured in accident caused by State Farm's insured got checks made out to them and to the hospital, which secured its reimbursement with hospital liens, and cashed them without the hospital's endorsement. The hospital sued to recover from State Farm, but the trial court awarded summary judgment for the insurance company. The appeals court affirmed, holding that State Farm met its statutory duty to comply with the lien and its release.
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MERCEDES-BENZ USA LLC, ET AL. V. CARDUCO INC. (16-0644) - view video
12/4/2018 @ 9:00 AM (length 45:57)
Originating county: Cameron County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
In this case alleging fraud underlying a contract the issues are (1) whether reliance is precluded because the alleged misrepresentations conflict with the contract; (2) whether the contract's merger clause disclaiming reliance precludes fraud; (3) whether evidence supports that each defendant had a disclosure duty or gave affirmative misrepresentations; (4) whether separate jury instructions should have been presented on each fraud theory; (5) whether the appeals court improperly sustained a spoliation instruction; and (6) whether the appeals court erred by remitting punitive damages, from $100 million to $600,000.
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MICHAEL T. JELINEK, M.D. V. CASAS (08-1066) - view video
2/18/2010 @ 9:50 AM (length 45:05)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
08-1066 Michael T. Jelinek, M.D., and Columbia Rio Grande Healthcare, L.P. v. Francisco Casas and Alfredo DeLeon Jr. from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner Jelinek: I. Cecilia Garza, McAllen For petitioner Columbia: Sarah B. Duncan, Austin For respondents: John N. Mastin, San Antonio Principal issues are (1) whether the hospital preserved error in this medical-malpractice case when the claimed error concerns an instruction that is not in the record and (2) whether an expert report assessing the doctor's alleged negligence was inadequate for inferring support for the care standard and for causation. After first suing for wrongful death, Casas amended the petition to claim suffering and mental distress because his wife, after bowel surgery for a perforated colon and with a known infection, did not get antibiotics for four days because the hospital did not automatically renew her prescription. At one point in this lapse odor from the infection was so great fans were used to dissipate it. At trial, the hospital contends, it offered an "unavoidable accident" instruction that the court denied. But the instruction was not in the record. Jelinek, who prescribed the antibiotics but was on vacation when the prescription expired, argues that the expert report did not address how his deviation from the applicable care standard proximately caused Mrs. Casas' suffering and mental distress. The appeals court affirmed a jury award for Casas, holding that the claimed instructional error was not preserved, and affirmed the trial court's ruling that the expert report on Jelinek's alleged negligence was adequate. 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
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MIGUEL HERNANDEZ, M.D. V. EBROM (07-0240) - view video
10/15/2008 @ 9:00 AM (length 36:33)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
07-0240 Miguel Hernandez, M.D. v. Julious Ebrom and Richard Hunnicutt from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: I. Cecilia Garza, McAllen For respondents: Richard W. Hunnicutt, San Antonio The Supreme Court will hear arguments on whether failure to bring interlocutory appeal on dismissal denial waives the challenge. A principal issue in this medical-malpractice case is whether by failing to file an interlocutory appeal the defendant waived his challenge to the trial court's denial of his dismissal motion. The court of appeals held that it had no jurisdiction over Hernandez's appeal because he waited until after the plaintiff dropped the case and provided in the nonsuit that it could not be filed again. As amended, while this suit was pending in the trial court, the medical-malpractice statute stipulates that an interlocutory appeal may be taken from an order denying a dismissal motion. A key question is whether that provision is mandatory or permissive. 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
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MILES V. TEX. CEN. R.R. & INFRASTRUCTURE, INC. (20-0393) - view video
1/11/2022 @ 9:50 AM (length 1:06:59)
Originating county: Leon County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
At issue in this case is whether Texas Central qualifies as a "railroad company" or "interurban electric railway," and whether an entity must show reasonable probability of project completion to invoke eminent domain authority under Texas Rice Land Partners, LTD. v. Denbury Green Pipeline-Texas, LLC, 363 S.W.3d 192, 198, 202 (Tex. 2012). Texas Central intends to build, maintain, and operate a highspeed passenger railway between Houston and Dallas. Miles challenged Texas Central's eminent domain authority after the company attempted to survey Miles' property along the proposed route of the railway. Texas Central counterclaimed, seeking a declaratory judgment that the company was "railroad company" and "interurban electric railway" under the Texas Transportation Code. The trial court granted summary judgment for Miles. The court of appeals reversed, concluding that Texas Central was "operating a railroad" and thus, a "railroad company" under the statute. Additionally, the court of appeals concluded that, because Texas Central was chartered for the purpose required under the Transportation Code, the company also qualified as an "interurban electric railway."
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MIRTA ZORRILLA V. AYPCO CONSTRUCTION II LLC AND JORGE LUIS MUNOZ (14-0067) - view video
3/26/2015 @ 9:50 AM (length 42:47)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
The issues in this contract-breach and fraud case are (1) whether, as the court of appeals held, statutory limits on exemplary damages must be pleaded as an affirmative defense and (2) whether the appeals court erred by affirming prejudgment interest, lien foreclosures and a fraud finding without considering the jury's contract-breach finding to be legally and factually sufficient. Aypco sued Zorrilla after she allegedly quit paying for Aypco's work under a contract to build her house and for additional work not covered by the contract she ordered on another house. A jury found for the contractor on both the breach-of-contract and fraud claims. The trial court awarded slightly more than $56,000 in actual damages and $250,000 in exemplary damages, plus interest and fees, after Aypco elected to recover for fraud. The court also ordered mechanic's and materialman's liens on Zorrilla's two properties foreclosed to satisfy the judgment. The court of appeals affirmed.
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MISSION CONSOLIDATED ISD V. GARCIA (10-0802) - view video
1/10/2012 @ 9:50 AM (length 40:51)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
10-0802 Mission Consolidated Independent School District v. Gloria Garcia from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: David P. Hansen, Austin For respondent: Savannah Robinson, Danbury Two principal issues in this age-discrimination claim are (1) whether a prima-facie case can be established when the replacement worker is older than the discharged employee bringing the claim and (2) whether the 60-day filing deadline in the Texas Commission on Human Rights Act includes within it service of process and, if so, whether compliance is jurisdictional. Garcia, who was 48 when she was fired, sued the district for discrimination after filing her administrative complaint with the Texas Workforce Commission. Mission school district moved to dismiss the lawsuit, based on a jurisdictional plea because Garcia failed to state jurisdictional facts to support her age-discrimination claim by showing her work replacement was older than she was. The trial court denied the district's plea. The appeals court affirmed on the age claim, reasoning that the district's contention that Garcia's replacement was three years older did not conclusively negate the required element that she might "otherwise show that she was discharged because of age" apart from showing her replacement was younger. 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
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MYERS-WOODWARD, LLC V. UNDERGROUND SERVS. MARKHAM, LLC (22-0878)
Scheduled 10/29/2024 @ 9:00 AM (starts in 21 days, 4 hours, 48 minutes )
Originating county: Matagorda County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
This case raises questions of who owns the right to use underground salt caverns created through the salt-extraction process and how a salt royalty interest is calculated.
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NABORS DRILLING, U.S.A., INC. V. ESCOTO (06-0890) - view video
2/5/2008 @ 10:40 AM (length 40:28)
Originating county: Willacy County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
06-0890 Nabors Drilling, U.S.A. Inc. v. Francisca Escoto, et al. from Willacy County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Reagan W. Simpson, Houston For respondents: Alex M. Miller, San Antonio The Supreme Court will hear arguments on the issue of whether employer has duty to protect against danger of its fatigued employee en route home. The principal issues are (1) whether an employer has a duty to protect third parties from a fatigued employee en route home after a 12-hour shift and (2) whether the employee has a duty to train its employees about the dangers of fatigue. In this case Escoto sued Nabors after four members of her family died in a car accident allegedly caused by Nabor's employee on his way home after working five 12-hour graveyard shifts. Escoto alleged that Nabors was liable it had a duty to protect other people when its employee drove home after a exhausting shift and because the company failed to train its employees how to handle fatigue. The trial court entered a judgment in Nabor's favor after a jury verdict for Escoto, reasoning that Nabor did not owe a duty to Escoto. The court of appeals reversed.
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NEW TEX. AUTO AUCTION SERVS., L.P. V. DE HERNANDEZ (06-0550) - view video
10/17/2007 @ 9:00 AM (length 44:00)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
06-0550 New Texas Auto Auction Services, L.P. v. Graciela Gomez de Hernandez, et al. from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Scott T. Clark and Roger W. Hughes, Harlingen For respondents: Rebecca E. Hamilton, Dallas The Supreme Court will hear arguments on the issue of whether auctioneers are 'sellers' in products-liability actions. In this case principal issues are (1) whether auto auctioneers can be "sellers" subject to strict liability and (2) whether the auctioneer was negligent for selling a vehicle subject to a defective-tire recall notice. Hernandez sued New Texas Auto Auction after a wreck in Mexico that killed her husband when he was driving an SUV the auction service owned and sold at auction to another auctioneer. The second auctioneer later sold the SUV to a dealer, which then sold it to Hernandez's husband. She alleges the tire defect caused the accident and claims both strict liability, based on the auctioneer as seller, and negligence because New Texas sold the vehicle with defective tires. New Texas Auto Auction argues that Texas should adopt the Third Restatement of Torts, which excludes auctioneers as sellers. The trial court granted summary judgment for the auctioneer on the strict-liability question and for Hernandez on the negligence issue. The court of appeals reversed on the strict-liability claim.
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PASTOR RICK BARR V. CITY OF SINTON (06-0074) - view video
3/22/2007 @ 10:40 AM (length 45:44)
Originating county: San Patricio County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
06-0074 Pastor Rick Barr and Philemon Homes Inc. v. City of Sinton from San Patricio County and the 13th District Court of Appeals, Corpus Christi/Edinburg In this case, a challenge to a zoning restriction on houses for parolees established as a ministry, the principal issues are (1) whether the Texas Religious Freedom Restoration Act requires the city to accommodate the houses despite zoning prohibiting them and (2) whether the act requires the city to prove the regulation is the least-restrictive means of furthering a compelling governmental interest. Barr sued to declare that the zoning violates state constitutional protection and the Religious Freedom Restoration Act because it prohibits a correctional or rehabilitation facility within 1,000 feet of the church - in this case, the church that sponsors them. The trial court held that the zoning was not a substantial burden Barr's religious beliefs. The court of appeals affirmed.
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PORT ELEVATOR-BROWNSVILLE, LLC V. CASADOS (10-0523) - view video
10/6/2011 @ 9:00 AM (length 43:25)
Originating county: Cameron County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
10-0523 Port Elevator-Brownsville LLC v. Rogelio Casados and Rafaela Casados from Cameron County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Mary A. Keeney, Austin For respondents: David Keltner, Fort Worth The issue is whether a temporary employee provided by a staffing company is limited to a workers-compensation recovery against the client company when its policy has classifications not explicitly including the temporary employee and the client employer does not pay premiums specifically for temporary employees. In this case Casados' parents sued Port Elevator after his work-site death. Casados was an employee of a temporary-staffing company that provided workers for Port Elevator. Port Elevator's workers-comp insurer initially refused coverage. The trial court denied the elevator company's summary-judgment motion, based on the "comp bar" provision limiting an injured worker's remedies to workers-comp insurance. A jury found Port Elevator negligent in Casados' death. On review, the appeals court held Casados was not covered under Port Elevator's workers-comp policy and affirmed the trial-court judgment. 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
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RAILROAD COMMISSION OF TEXAS V. GULF ENERGY EXPLORATION CORP. (14-0534) - view video
9/22/2015 @ 9:50 AM (length 44:08)
Originating county: Calhoun County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
In this case alleging the Texas Railroad Commission wrongfully plugged an oil-and-gas well, the principal issues are (1) whether the commission has a statutory immunity defense that protects it from damages in this case despite the Legislature's consent that it could be sued and (2) whether the trial court erred by not instructing jurors on good faith. Gulf sued the Railroad Commission for negligence and contract breach for plugging a well it agreed not to plug after the Legislature waived the commission's immunity from suit. In this appeal, the commission argues that a Texas Natural Resources Code provision - section 89.045 - protecting it from a good-faith mistake in plugging the well acts as an affirmative defense. The commission contends the trial court erred by refusing its good-faith jury question because the legislative waiver was from suit alone, not from liability. The appeals court affirmed.
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RAMONA ROGERS, M.D., ET AL. V. DAVID SAXON BAGLEY (19-0634) - view video
2/2/2021 @ 10:40 AM (length 41:41)
Originating county: Cameron County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
The issues in this negligence and excessive-force case, based on the death of a state-hospital patient after his restraint, brought in part under Section 1983, are (1) whether the appeals court erred by holding the federal 1983 claim constitutes a health-care-liability claim requiring a threshold health-care expert report and (2) whether the federal law preempts the Texas Medical Liability Act's expert-report requirement.her families of the four injured teenagers the waived any challenge to the evidence by not contesting the jury's zero-damages finding; and (4) whether the appeals court applied the correct factual-sufficiency standard in reviewing the no-liability verdict.
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RAUL ERNESTO LOAISIGA, M.D. V. CERDA (10-0928) - view video
2/29/2012 @ 9:00 AM (length 59:01)
Originating county: Cameron County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
10-0928 Raul Ernesto Loaisiga, M.D. and Raul Ernesto Loaisiga, M.D., P.A. v. Guadalupe Cerda and Cindy Velez from Cameron County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioners: Carlos Escobar, McAllen For respondents: Brendan K. McBride, San Antonio The principal issues are (1) whether alleged sexual assaults during medical examinations constitute health care-liability claims and (2) whether an expert report based solely on pleadings was sufficient. In this case Cerda sued Loaisiga, her daughter's pediatrician, for assault, medical; negligence, gross negligence and intentional infliction of emotional distress after Loaisiga allegedly held her daughter's breast as he examined her for a sinus ailment. Velez, a nurse at the clinic where Loaisiga practiced, sued him after he allegedly held her breast when checking her flu symptoms. Both Velez and Cerda submitted an expert report by a family practitioner to comply with health care-liability requirements. Loaisiga moved to dismiss the claims, arguing that the expert report was insufficient because the doctor based it entirely on the lawsuit pleadings and not on interviews with Cerda's daughter or with Velez, and because the family-practice doctor was not qualified. The trial court denied the dismissal motion and the court of appeals affirmed, reasoning in part that sexual assault is not an inseparable part of medical care. 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
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RELIANCE STEEL & ALUMINUM CO. V. SEVCIK (06-0422) - view video
12/4/2007 @ 9:50 AM (length 44:56)
Originating county: Waller County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
06-0422 Reliance Steel & Aluminum Co. and Samuel Alvarado v. Michael Sevcik and Cathy Loth from Waller County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioners: Thomas C. Wright, Houston; Russell H. McMains, Corpus Christi For respondents: David W. Holman, Houston The Supreme Court will hear arguments on the issue of whether gross sales evidence admissible in personal-injury case. Among principal issues in this personal-injury case are (1) whether the trial court erred by admitting evidence of the defendant company's gross sales when plaintiffs were not seeking punitive damages and (2) whether the appeals court erred by modifying an award for past medical expenses. Sevcik and Loth sued Reliance and its truck driver, Alvarado, over a collision that left Sevcik with physical injuries and Loth with permanent brain injury. At trial the judge rejected Reliance's attempt to show how much Loth earned before the accident, but allowed Loth to introduce evidence of Reliance's gross sales. On appeal Reliance argues that the gross sales testimony prejudiced the jury's damages awards. The court of appeals reduced an award for Loth's past medical expenses by $6,000, but otherwise affirmed damages Reliance challenged.
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SAMUEL GARCIA, JR., M.D. V. GOMEZ (09-0159) - view video
1/21/2010 @ 9:50 AM (length 41:33)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
09-0159 Samuel Garcia Jr., M.D. v. Maria Gomez, et al. from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: I. Cecilia Garza, McAllen For respondents: Savannah L. Robinson, Danbury The principal issue is whether an attorney's unchallenged testimony as to what he would have charged in a case, without more, legally supports an attorneys-fee sanction for filing a medical-malpractice claim without an expert report. Gomez first sued Garcia for medical malpractice, based on Dr. Garcia's alleged failure to use a screen during surgery to prevent an embolism. The patient died after an embolism. When an X-ray revealed such a filter had been implanted, Gomez quit pursuing the claim, but did not nonsuit the case and did not file an expert report by the 120-day deadline. Garcia moved for attorneys fees under Texas Civil Practices and Remedies Code section 74.351(b). Garcia's attorney testified without challenge as to reasonable fees in such a case. The trial court denied the motion for sanctions and the appeals court affirmed. 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
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SCHLUMBERGER TECHNOLOGY CORP. V. CHRISTOPHER ARTHEY AND DENISE ARTHEY (12-1013) - view video
1/8/2014 @ 9:50 AM (length 36:46)
Originating county: Refugio County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
The issues are (1) whether federal maritime law applies in a negligence suit against a business that organized a fishing retreat at which an invited guest allegedly became intoxicated on a boat and afterward drove a car that collided with a motorcycle and, if so, (2) whether the business owed a duty to the injured plaintiffs. In this case the Artheys sued Schlumberger, claiming Schlumberger should have supervised the invited guest, Huff, on the fishing boat on the morning just before the retreat ended. Schlumberger provided alcoholic drinks during the two-day retreat, but not on the boat. The trial court granted Schlumberger's summary-judgment motion, arguing it had no duty to the Artheys. The court of appeals reversed, holding that maritime law applied and that a fact question existed on the duty question.
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SERVICE CORP. INT'L V. GUERRA (09-0941) - view video
12/9/2010 @ 9:00 AM (length 43:25)
Originating county: Cameron County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
09-0941 Service Corporation International and SCI Texas Funeral Services Inc. v. Juanita G. Guerra, et al. from Cameron County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioners: Mike A. Hatchell, Austin For respondents: Mark L. Kinkaid, Austin Principal issues are (1) whether evidence of other suits against cemeteries owned by the parent company unconstitutionally affected punitive damages awarded in this mental-anguish claim involving mishandling a corpse; (2) whether the parent company is liable for subsidiary employees' conduct; and (3) whether the recovery standard was satisfied for mental-anguish damages. In this case Guerra along with her children sued Service Corp. International and its wholly owned subsidiary, alleging, among other claims, intentional infliction of emotional distress for mishandling her husband's corpse. Finding it had sold the Guerras side-by-side funeral plots but one had previously been sold, SCI Texas asked if Mr. Guerra's body could be moved. When Mrs. Guerra said no, company employees moved his coffin a foot or more into the adjacent plot but did not tell her. During the trial the court allowed evidence of a class-action settlement involving SCI's Florida subsidiary. Jurors found SCI, the parent, directly liable, assessed its liability at 70 percent and the Texas subsidiary's at 30 percent and awarded $4 million in punitive damages. The court of appeals modified the punitive damages, then affirmed as modified. 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
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SHARYLAND WATER SUPPLY CORP. V. CITY OF ALTON (09-0223) - view video
3/24/2010 @ 9:50 AM (length 47:07)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
09-0223 Sharyland Water Supply Corp. v. City of Alton, et al. from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: J.W. Dyer, McAllen For respondents: Stephen L. Tatum, Fort Worth, and Eileen M. Leeds, Brownsville Principal issues in this contract and negligence case, involving Sharyland's complaint that the city's sewer contractors violated state regulations for sewer- and water-line separation, are (1) whether those regulations (Texas Administrative Code section 317.13(1)(B)) apply to these sewer lines connecting lots to sewer mains; (2) whether the economic-loss rule bars Sharyland's negligence claim against the contractors; and (3) whether Sharyland is a third-party beneficiary of Alton's contract with the sewer-line installers. In this case Sharyland sued the city and the city's sewer-line contractors after discovering sewer lines placed above its water lines allegedly violating state regulations. Sharyland argues that it should not have to wait for sewer leakage to contaminate its water before suing for damages that would include remediation costs and loss of value to a once-legal water supply system. Alton and the sewer contractors argue that the administrative regulations do not cover the sewer lines in question because those regulations do not apply to individual connections to the sewer mains. 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
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SSP PARTNERS V. GLADSTRONG INVS. (USA) CORP. (05-0721) - view video
3/20/2007 @ 9:00 AM (length 49:12)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
05-0721 SSP Partners and Metro Novelties Inc. v. Gladstrong Investments (USA) Corp. from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg In this indemnity action from a wrongful-death and products-liability case, the principal issues include (1) whether the court of appeals erred by holding the "apparent manufacturer" doctrine applied to a U.S. company held out as the product manufacturer by its closely allied foreign company and (2) whether the U.S. firm is the manufacturer because it and the foreign company are indistinguishable. SSP Partners sued Gladstone USA for indemnity after a judgment in a case alleging a child died as a result of a defective lighter. The trial court granted Gladstrong USA's motion asserting that no evidence showed it manufactured the lighter. The court of appeals reversed, holding in part that the common-law apparent manufacturer doctrine survives statutory indemnity provisions in Texas Civil Practices and Remedies Code chapter 82.
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STATE OF TEXAS V. ONE 2004 LINCOLN NAVIGATOR (14-0692) - view video
11/4/2015 @ 9:00 AM (length 46:06)
Originating county: Nueces County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
The issue is whether suppressed evidence may establish contraband necessary to justify civil forfeiture when the contraband resulted from a search following a warrantless arrest based on an allegedly unreliable informant's tip. In trial to contest the forfeiture Herrera, the vehicle owner, moved to suppress drugs and weapons found in the car after it was searched incident to his arrest. The trial court ruled the evidence inadmissible because state troopers arrested him illegally, without sufficient cause to stop him and search his vehicle. The appeals court affirmed, holding that the forfeiture statute - Texas Code of Criminal Procedure article 59.03(b) - precluded the state's seizing the vehicle after an illegal search.
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SW. BELL TEL. CO. V. MKTG. ON HOLD, INC. (05-0748) - view video
3/22/2007 @ 9:50 AM (length 39:19)
Originating county: Cameron County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
05-0748 Southwestern Bell Telephone Co. v. Marketing On Hold Inc. from Cameron County and the 13th District Court of Appeals, Corpus Christi/Edinburg In this interlocutory appeal from a class-certification order, the principal issues are (1) whether a corporation advancing claims it got by assignment can serve as class representative in a challenge to Southwestern Bell's billing for passed-along municipal fees and (2) whether the certified class met the requirement that common questions among the class predominate. Marketing On Hold, a firm that scrutinizes its clients' telephone bills for improper billing, took five claims by assignment and sought to certify the suit as a class action. The trial court named it class representative for nearly 7,000 Southwestern Bell customers in three phone-service categories. Of the claims Marketing On Hold held by assignment, none was in one of those categories. The court of appeals affirmed the class-certification order.
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TEXAS A&M UNIVERSITY - KINGSVILLE V. YARBROUGH (09-0999) - view video
1/4/2011 @ 9:00 AM (length 45:41)
Originating county: Kleberg County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
09-0999? Texas A&M University-Kingsville v. Melody Yarbrough? from Kleberg County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: David S. Morales, Austin ?For respondent: Kevin F. Lungwitz, Austin? The principal issues in this declaratory-judgment action are (1) whether a college professor's complaint about an evaluation stated an ultra vires claim that should have been against university officials instead of the institution and (2) whether university policy allowing an aggrieved employee to rebut an evaluation violates Texas Government Code section 617.005's provision if a public employee's complaint about working conditions is heard by an administrator without authority to remedy the problem. In this case Yarbrough complained that A&M-Kingsville's grievance policy did not provide her the right to complain to a person with authority to remedy errors in the evaluation she believed might hurt her chances for tenure. (She later got tenure, despite the evaluation, raising a question whether her suit is moot). The trial court granted the university's summary-judgment motion, but the court of appeals reversed. 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
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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 (Justice O'Neil and Justice Guzman not sitting) (08-0528) - view video
12/15/2009 @ 9:50 AM (length 44:29)
Originating county: Nueces County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
(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
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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 (Justice O'Neil and Justice Guzman not sitting) (08-0529) - view video
12/15/2009 @ 9:50 AM (length 44:29)
Originating county: Nueces County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
(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
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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 (Justice O'Neil and Justice Guzman not sitting) (08-0534) - view video
12/15/2009 @ 9:50 AM (length 44:29)
Originating county: Nueces County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
(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
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THE STATE OF TEXAS V. $281,420.00 IN UNITED STATES CURRENCY (08-0465) - view video
10/7/2009 @ 10:40 AM (length 51:34)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
08-0465 State of Texas v. $281,420 in U.S. Currency from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Timothy A. Davis, Edinburg For amicus curiae Solicitor General: Sean D. Jordan, Austin For respondent: Edward A. Mallett, Houston The issues in this forfeiture case are (1) whether money found bundled in plastic and secreted in a truck axle can be determined to be contraband in the absence of more than suspicious circumstances and, if not contraband, (2) whether the last person in control of the truck should get the money if all potential owners lost their interests by default judgments. Huerta, a tow-truck driver who was hired to bring a truck tractor from Houston to the Rio Grande Valley, sued to intervene in this forfeiture action. Huerta said he was promised a 30 percent finder's fee of more than $281,000 he discovered in the truck axle and turned over to state authorities. The state claimed the money as drug-related contraband. A jury found that the money was not contraband, that Huerta was in joint or actual possession of it when it was seized and that he should get a $70,000 reward. The trial court overturned that verdict, giving all the money to the state. The court of appeals reversed and awarded Huerta the money. 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
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TIC ENERGY AND CHEMICAL INC. V. KEVIN BRADFORD MARTIN (15-0143) - view video
2/9/2016 @ 9:00 AM (length 35:49)
Originating county: Calhoun County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
The issues are (1) whether the Court has jurisdiction to decide this interlocutory appeal and, if so, (2) whether an agreement by which a contractor provides workers-compensation coverage for a subcontractor and its employees protects the subcontractor from a negligence claim by the general contractor's injured employee. The second issue raises an ostensible conflict between Texas Labor Code sections 406.122(b) and 406.123(a) and (e) on defining a subcontractor's employees as the general contractor's when workers comp is involved. (Section 406.122(b) arguably excludes them, 406.123 ostensibly does the opposite.) In this case, by agreement, Union Carbide provided workers-comp coverage for subcontractor TIC and its employees. Injured on the job, Martin first drew benefits from Union Carbide's workers-compensation insurer. Then Martin, a Carbide employee, sued TIC, claiming it negligently caused his injury and, by section 406.122(b)'s exclusion of independent subcontractors, could not be Carbide's deemed employee. The trial court denied TIC's summary-judgment motion that workers comp was Martin's exclusive remedy. Reviewing the trial court's summary-judgment decision, the court of appeals affirmed. It held on its own motion that Labor Code sections 406.122 and 406.123 were irreconcilable. But, because neither Martin nor TIC raised the conflict, the court said the company did not meet its burden to establish its exclusive-remedy affirmative defense by failing to eliminate section 406.122(b)'s bearing on the deemed-employee question.
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TV AZTECA, S.A.B. DE C.V., ET AL. V. GLORIA DE LOS ANGELES TREVINO RUIZ (14-0186) - view video
10/12/2015 @ 9:50 AM (length 42:12)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
In this interlocutory appeal from denied special appearances by a Mexican television producer, anchor and broadcaster sued for defamation in Texas, the principal issue is whether defendants have minimum contacts to establish personal jurisdiction in Texas based on the broadcast signal's international reach, their efforts to sell advertising in Texas, their sending reporters to Texas and U.S. cable channels' rebroadcast of their programming in Texas. In this case the court of appeals affirmed the trial court's denial of the special appearances to contest jurisdiction in Texas, holding that Texas has personal jurisdiction, both specific and general, over the defendants. TV Azteca and the other defendants argue that the allegedly libelous broadcasts were produced in Mexico and, although the plaintiff, Mexican pop superstar Gloria Trevi, lives in Texas, concerned events about her that occurred in Mexico and Brazil.
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UNION PACIFIC RAILROAD CO. V. WILLIAM R. NAMI (14-0901) - view video
11/3/2015 @ 10:40 AM (length 41:19)
Originating county: Dewitt County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
The issues in the case by a railroad employee under the Federal Employer's Liability Act are (1) whether the railroad was entitled to judgment despite the verdict against the railroad, for failing to protect the employee from contracting West Nile virus, because mosquito bites are a natural threat excluded from the federal law's scope and (2) whether sufficient evidence supports the jury's verdict that the employee contracted the virus in the course of his employment. Nami sued Union Pacific after contracting West Nile virus and encephalitis allegedly while working on track maintenance in Brazoria County, claiming Union Pacific failed to warn about mosquito-illness dangers and failed to provide repellant or require its employees to use it. The trial court denied Union Pacific's motion for a judgment notwithstanding the jury's verdict for Phillips, arguing that the so-called ferae naturae doctrine precludes recovery under the federal law and that legally sufficient evidence does not support the jury's verdict.
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WAYNE VENTLING V. PATRICIA M. JOHNSON (14-0095) - view video
1/13/2015 @ 10:40 AM (length 42:28)
Originating county: Nueces County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
Two principal issues in this contest over interest from a divorce decree's enforcement are (1) whether the appeals court's decision that relief should have been granted instead of the trial court's denial of it by interlocutory order triggers interest from the interlocutory-order date and (2) whether a judgment ostensibly disposing all claims is final if a claim for attorney fees remains pending and requires additional evidence. This appeal is the third stage in a case dating to 1997, when Johnson sought to enforce agreed-upon alimony in the original decree from a common-law marriage. In its most recent decision the appeals court held that prejudgment and post-judgment interest accrued from the trial court's erroneous denial in 1998 of Johnson's enforcement motion. Ventling argues that interest should be calculated from the court of appeals' judgment in 2012 because the 2012 judgment cannot supersede the 1998 interlocutory order on the enforcement motion. Johnson contends interest should date from 1998, when the trial court should have entered a proper judgment.
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WHIRLPOOL CORPORATION V. CAMACHO (08-0175) - view video
3/10/2009 @ 9:00 AM (length 53:34)
Originating county: Hidalgo County
Originating from: 13th District Court of Appeals, Corpus Christi & Edinburg
Case Documents
08-0175 Whirlpool Corp. v. Margarita Camacho and Santos Camacho. from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Lynne Liberato, Houston For respondent: Kevin Dubose, Houston Among principal issues in this product-liability case are (1) whether the court of appeals erred by failing to analyze expert testimony properly under a legal-sufficiency challenge, (2) whether expert testimony was improper because it was speculative on the safer alternative design and on the causation element; and (3) whether the trial court erred by failing to give a spoliation instruction because Whirlpool did not have notice of possible suit for three months despite plaintiffs' experts evaluating a home fire scene within two days of a fatal fire. In this case the Camachos sued after fire destroyed their trailer home and killed their son. They claim defective design of a clothes dryer allowed accumulated lint to be drawn to the dryer heater, where it ignited, then started clothes in the dryer afire and spread to the house. Whirlpool's challenge to the reliability of this theory, based on testing outside a dryer, was in part that the theory failed to explain that two T-shirts in the dryer did not burn. Whirlpool also complains that the Camachos had notice they would sue within days of the fire, but did not notify the company for several months, during which the fire scene was dismantled. 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
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