Karl Bayer's Disputing Blog » Texas Supreme Court

Tuesday, November 22, 2005

By Rob Hargrove - November 22, 2005

The Texas Supreme Court issued its latest school financing opinion today. Justice Hecht wrote for the majority while Justice Brister dissented. Technorati Tags: litigation, Texas Supreme Court, law

This morning, the Texas Supreme Court issued two opinions. One explains the application of the voluntary payment rule in Texas, and the other explains the procedure by which one can appeal a small claims court judgment in Texas. Both probably warrant additional discussion on this blog, but we probably will not be able to get to it today. However, I wanted to alert readers to the opinions, in the event that someone has a case pending in which the

Corporate Entities and Personal Jurisdiction

By Rob Hargrove - November 4, 2005

The Texas Supreme Court issued a per curiam opinion this morning reversing the Fourteenth Court of Appeals and a trial court, both of which had previously denied a special appearance in a suit involving the alleged wrongful denial of insurance claims. The Court held that the district court could not properly exercise specific personal jurisdiction over Commonwealth General Corporation (“CNC”) just because CNC was the sole shareholder

Medical Privileges in Texas

By Rob Hargrove - October 14, 2005

Today, the Texas Supreme Court handed down an opinion granting a petition for writ of mandamus pertaining to a nursing home’s claim that certain documents were privileged from discovery based on four distinct asserted privileges: the medical committee privilege; the medical peer review committee privilege; the nursing peer review committee privilege; and the quality assessment and assurance privilege. The Court grants the petition for writ

When is a Premises Claim a Medical Negligence Claim?

By Rob Hargrove - October 14, 2005

Today, the Texas Supreme Court handed down an opinion reversing a decision by the Dallas Court of Appeals which in turn had reversed a trial court’s dismissal of a nursing home resident’s claims on limitations grounds. In the underlying case, the resident alleged that she was sexually assaulted in a nursing home and asserted what she characterized as premises liability claims against the home. The claims were more than five years old

Friday, September 30, 2005

By Rob Hargrove - September 30, 2005

Today, the Texas Supreme Court handed down an opinion on three certified questions from the Fifth Circuit which construes Section 5.077 of the Texas Property Code, which deals with accounting requirements the Code places on sellers of real property pursuant to executory contracts. Justice Medina wrote for the six-Justice majority, Justice Wainright wrote a concurring opinion, and three Justices dissented. Section 5.077(a) of the Property Code req

Friday, September 16, 2005

By Rob Hargrove - September 16, 2005

The Texas Supreme Court did not hand down any opinions this morning, but it did grant three petitions for review. If time permits, we may offer a bit of discussion as to the cases the Court has decided to review. For now, however, I’ll just post links to the underlying opinions, so that curious readers can stay up to speed. We’re still figuring out the scope of this blog, so we’re not sure if discussion of the granting of Petiti

Friday, August 26, 2005 Entry – What is AirSoft ?

By Rob Hargrove - August 26, 2005

What is Airsoft? Here’s a quick description: Airsoft is a sport where players engage in simulated gun combat, (not too dissimilar to paintball), with high powered BB weapons. If you’re a parent, trying to understand why your child keeps asking about airsoft, then you might want to read our Parents Guide to Airsoft. It should help you understand airsoft from a parental point of view. However, the following post will still be helpful to you. Here y