Karl Bayer's Disputing Blog » Texas Supreme Court

Nineteen Texas Supreme Court Opinions Today

By Rob Hargrove - March 28, 2008

Today, the Texas Supreme Court handed down nineteen (19) opinions. None of them, however, has anything to do with arbitration. One of them, though, resolved an issue which has divided the courts of appeals and with which we had to grapple not too long ago. Since we have not been blogging much lately (we’ve been working a lot), we thought we’d mention it. As of today, Rule 202 no longer allows the pre-lawsuit deposition of a physician

Order Compelling Arbitration is Reviewable on Final Appeal

By Rob Hargrove - December 14, 2007

In the context of a slightly complicated procedural situation, the Texas Supreme Court made the following ruling earlier today: in a case where a court compels arbitration, the party resisting arbitration files a petition for mandamus challenging arbitration, the petition is denied, the party loses the arbitration, and the party resists confirmation of the award without success, in that case, the party is still able to challenge arbitrability in

Supreme Court Compels Shower Pan Arbitration

By Rob Hargrove - October 12, 2007

The Texas Supreme Court issued a per curiam mandamus opinion compelling an arbitration this morning in a class action suit which alleges that a home builder built a bunch of houses without shower pans. The opinion is not long, but it quickly dispenses with a number of the common contractual arguments parties raise when seeking to avoid arbitration. In other words, it is a handy primer for this type of arbitrability challenge, offering a sort of c

Busy Day at the Texas Supreme Court

By Rob Hargrove - August 31, 2007

As the Texas Appellate Law blog has noted, the Texas Supreme Court was busy today, releasing “a slew of 13 opinions.” Many of them, on first blush, look interesting. None of them, however, talks about arbitration. Well, that’s not exactly true. One of the opinions came from a case “almost identical” to last week’s Merrill Lynch arbitration case. The quite short opinion simply states that this week’s Merri

May 4, 2007

By Rob Hargrove - May 4, 2007

The Texas Supreme Court handed down six opinions today; none of them has anything to do with arbitration. Sadly, we’re too busy to discuss any of them at length. We would note, however, that one of the opinions discusses the economic loss rule, and how one goes about asserting it in Texas. Technorati Tags: litigation, Texas Supreme Court, law

Supreme Court Decides Six Cases Today

By Rob Hargrove - March 2, 2007

This morning, the Texas Supreme Court handed down opinions in six cases; none had anything to do with arbitration. In an opinion on interlocutory appeal of an order certifying a class, Citizens Ins. Co. of America, et al. v. Daccach, et al., the Court decertified a class and remanded the case to the trial court. The case is a potential class action involving alleged violations of the Texas Securities Act. Moki Mac River Expeditions v. Drugg invol

Texas Supreme Court Update

By Rob Hargrove - February 9, 2007

The Texas Supreme Court handed down five opinions this morning. None is about arbitration, so we’ll give them short shrift here. City of San Antonio v. TPLP Office Park Properties is a discussion of the City of San Antonio’s potential police power to close access to certain roadways in order to address residents’ complaints about commercial traffic in their neighborhood. Cause No. 04-1130. In Norris v. Thomas, a five-justice maj

Supreme Court Issues Ad Litem Fee Opinion

By Rob Hargrove - December 15, 2006

This morning, the Texas Supreme Court issued a per curiam opinion in a case which concludes that a guardian ad litem’s fee was unreasonable and remands to the trial court the issue of the reasonableness of the fee. The case discusses the applicable standard for evaluating an ad litem’s fee and is an important one for anyone who litigates cases in which settlements are made on behalf of minor children. The underlying case stemmed from

Big Day at the Texas Supreme Court

By Rob Hargrove - December 1, 2006

This morning, the Texas Supreme Court issued opinions in eleven cases. None has to do with Texas arbitration law. Two have to do with premises liability actions, one of which seems to be an important case based on a quick skimming. We will blog on it in detail as time permits, hopefully later today. For the rest, however, we will offer the following brief summary: Brookshire v. Taylor. This is the seemingly important premises liability case. The

Texas Antitrust Law

By Rob Hargrove - October 20, 2006

Perhaps less likely to come up than the situation in this morning’s other Texas Supreme Court opinion, the Court also addressed the scope of Texas’ antitrust statute (the Texas Free Enterprise and Antitrust Act of 1983) this morning. The Coca-Cola Company v. Harmar Bottling Company, ___ S.W.3d ___ (Tex. 2006) (Cause No. 03-0737).