Supreme Court Issues Asbestos Opinion with Hotlink to Cancer Institute Web Site

Asbestos Suits Suffer Setback

Borg-Warner Corp. v. Flores, No. 05-0189 (Tex. Jun. 8, 2007)(Jefferson)(asbestos suit)

BORG-WARNER CORPORATION, NOW KNOWN AS BURNS INTERNATIONAL SERVICES CORPORATION v. ARTURO FLORES;
Trial Court: Nueces County
Appeals Court below: 13th district (13‑03‑00058‑CV, 153 SW3d 209, 12‑16‑04)
Disposition: The Court reverses the Thirteenth Court of Appeals' judgment and renders judgment.
Opinion by Chief Justice Wallace Jefferson (Justice O'Neill not sitting)


State of Texas v. Oakley, No. 06-0050 (Tex. Jun. 8, 2007)(Brister)(wrongful imprisonment compensation claim)

THE STATE OF TEXAS v. BARBARA OAKLEY, AS GUARDIAN OF THE ESTATE AND PERSON OF RICHARD DANZIGER;
Trial court: Travis County;
Appeals court below: 3rd district 03‑05‑00007‑CV, 181 SW3d 855, 12‑16‑05

consolidated with -

State of Texas v. Oakley, No. 06-0172 (Tex. Jun. 8, 2007)(Brister)(cause of action for wrongful imprisonment)

THE STATE OF TEXAS v. BARBARA OAKLEY, AS GUARDIAN OF THE ESTATE AND PERSON OF RICHARD DANZIGER; from Travis County; 3rd district (03‑05‑00271‑CV, ___ SW3d ___, 01‑20‑06)
Disposition: The Supreme Court reverses in part and affirms in part the Third Court of Appeals' judgment and remands the case to the trial court.
Opinion by Justice Scott Brister


Reliance National Indemnity Co v. Advanced Temporaries, Inc., No. 05-0558 (Tex. Jun. 8, 2007)(Medina)(subcontractor's mechanics lien)

RELIANCE NATIONAL INDEMNITY COMPANY, L&T, J.V., AND LAMAR CONSTRUCTION, INC. v. ADVANCE'D TEMPORARIES, INC.;
Trial court: Nueces County
Court of Appeals below: 13th district (13‑01‑00821‑CV, 165 SW3d 1, 07‑22‑04)
The Court affirms the Thirteenth Court of Court of Appeals' judgment.
Opinion by Justice David Medina


Quigley v. Bennett, No. 05-0870 (Tex. Jun. 8, 2007)(Johnson)(geologic services, no written contract, royalty interest in minerals)

T. MICHAEL QUIGLEY v. ROBERT BENNETT; from Starr County; 4th district (04‑04‑00312‑CV, ___ SW3d ___, 04‑06‑05)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court.
Justice Johnson delivered the opinion of the Court, joined by Chief Justice Jefferson, Justice O'Neill, Justice Wainwright, and Justice Medina.
Justice Brister delivered an opinion concurring in part and dissenting in part, joined by Justice Hecht and Justice Willett (Justice Green not sitting)


Bay Area Healthcare Group, Ltd. v. McShane, No. 05-1069 (Tex. Jun. 8, 2007)(per curiam)(medical malpractice)

BAY AREA HEALTHCARE GROUP, LTD., INDIVIDUALLY, AND D/B/A THE CORPUS CHRISTI MEDICAL CENTER-BAY AREA, ET AL. v. DEBORAH SUE MCSHANE AND JAMES PATRICK MCSHANE, INDIVIDUALLY, AND AS NEXT FRIENDS OF MAGGIE YVONNE MCSHANE, A MINOR
Trial Court: Nueces County
Court of Appeals below: 13th district (13‑04‑00174‑CV, 174 SW3d 908, 10‑06‑05)
Disposition: Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the Thirteenth Court of Appeals' judgment and renders judgment.