Aug. 31, 2007 Texas Supreme Court Opinions

Texas High Court hands down opinions in thirteen cases, deciding eclectic assortment of procedural and substantive legal issues covering: state regulation of religious colleges and seminaries, arbitration in financial services sector, defenses in workers compensation cases, homeowner insurance, statute of limitations, due diligence in services of process, real estate fraud, telemarketing, class action certification, sanctions, home insurance, out-of-state defendants and personal jurisdiction, requirements of proof of medical expenses, expert testimony, agency rulemaking, exclusive agency jurisdiction. The Court also announced denial of an unusual number of petitions for review: 25

HEB Ministries, Inc. v. Texas Higher Education Coordinating Board, No. 03-0995 (Tex. Aug. 31, 2007)(Hecht)(church and state first amendment case, state regulation of seminaries, requirements of anti-diploma-mill law found unconstitutional as to religious colleges)
Justice Wainwright delivered an opinion concurring in part and dissenting in part, and concurring in the judgment, in which Justice Johnson joined.Chief Justice Jefferson delivered an opinion concurring in part and dissenting in part, in which Justice Green joined.

Entergy Gulf State, Inc. v. Summers (Tex. Aug. 31, 2007)(Willett)(workplace law, premises owner entitled to exclusive remedy defense under Workers' Compensation Act in capacity of general contractor)

El Paso Hospital District v. Texas Health and Human Services Comm'n, No. 05-0372 (Tex. Aug 31, 2007)(Medina)(agency rulemaking, declaratory judgment)

In re Merrill Lynch Trust Co., No. 03-1059 (Tex. Aug 31, 2007)(per curiam)(arbitration mandamus, financial services)

Christus Health Gulf Coast v. Aetna, Inc., No. 05-0710 (Tex. Aug. 31, 2007)(Jefferson) (Medicare reimbursement suit may be brought in state court, jurisdiction)

El Paso Hospital District v. Texas Health and Human Services Comm'n, No. 05-0372 (Tex. Aug 31, 2007)(Medina)(agency rulemaking, declaratory judgment, APA)

PCH-Minden, L.P. v. Kimberly-Clark Corp, No. 05-0823 (Tex. Aug. 31, 2007)(Jefferson) (nonresident defendant, long-arm jurisdiction, special appearance, in personam jurisdiction)

Lamar Homes, Inc. v. Mid-Continent Casualty Co., No. 05-0832 (Tex. Aug. 31, 2007)(Medina)
(insurance) LAMAR HOMES, INC. v. MID-CONTINENT CASUALTY COMPANY
The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit.Justice Medina delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Wainwright, Justice Green, and Justice Johnson joined.
Justice Brister delivered a dissenting opinion, in which Justice Hecht and Justice Willett joined.

In re SWBT, No. 05-0951 (Tex. aug. 31, 2007)(telecommunications regulation, agency authority, exclusive jurisdiction, PUC, UDJA, attorney's fees)

Guevara v. Corazon Labao Ferrer, No. 05-1100 (Tex. Aug. 31, 2007)(Johnson)(PI auto, proving medical expenses, expert testimony, causality)

Proulx v. Wells, No. 06-0258 (Tex. Aug. 31, 2007)(per curiam)(statute of limitations, due diligence in service of citation)

Ford v. Exxon Mobil Chemical Co., No. 06-0293 (Tex. Aug. 31, 2007)(challenge to deeds, pipeline easements, time-barred, statute of limitations for real estate fraud, quiet title relief)

In re Michelle Moore, No. 06-0544 (Tex. Aug. 31, 2007)(mandamus)(per curiam)(grandparent standing for SAPCR, sanctions)

Stonebridge Life Ins. Co., No. 06-0655 (Tex. Aug. 31, 2007)(per curiam)(insurance telemarketing, consumer class action, class decertified)