Supreme Court Justices Circle the Wagons and Refuse to Recuse - Recusal motion cited evidence of rampant bias in favor of defendants in tort cases

Sep. 21, 2007 - Recusal motion in wrongful death appeal quoted findings of study by law professor who conducted systematic quantitative and qualitative analysis of disposition patters of tort cases decided by the Texas Supreme Court 2004-05
See Anderson, David A.,[mailto:danderson@mail.law.utexas.edu] "Judicial Tort Reform in Texas" . Review of Litigation, 2007 Abstract available from SSRN: http://ssrn.com/abstract=976114

No. 06‑0416
IN RE COLUMBIA MEDICAL CENTER OF LAS COLINAS, SUBSIDIARY, L.P. D/B/A LAS COLINAS MEDICAL CENTER, ANTONETTE CONNER, AND ANNA MATHEW; from Dallas County; 5th district (05‑06‑00611‑CV, ___ SW3d ___, 05‑12‑06)
Real parties in interest's motion to recuse denied in accordance with Tex. R. App. P. 16.3(b)

OPINION BELOW:

In Re Columbia Medical Center of Las Colinas (Tex.App.- Dallas 2006)(orig. proc.)

Writ of Mandamus Denied; Opinion Issued May 12, 2006

In The Court of Appeals Fifth District of Texas at Dallas

............................ No. 05-06-00611-CV ............................

IN RE COLUMBIA MEDICAL CENTER OF LAS COLINAS, SUBSIDIARY, L.P.D/B/A LAS COLINAS MEDICAL CENTER, ANTONETTE CONNER, AND ANNA MATHEW, Relators

Original Proceeding from the 192nd Judicial District CourtDallas County,
TexasTrial Court Cause Nos. 02-05307-K

MEMORANDUM OPINION

Before Justices Whittington, FitzGerald, and Lang-MiersOpinion By Justice Whittington

Relators assert the trial judge abused his discretion in granting a motion for new trial after a jury had found in relators' favor in a medical negligence lawsuit. The trial judge granted the new trial solely “in the interests of justice and fairness”. The trial judge's explanation for the granting of the new trial was sufficient. See In re Volkswagen of Am., Inc., 22 S.W.3d 462 (Tex. 2000)(orig. proceeding) and In re Bayerische Motoren Werke, AG, 8 S.W.3d 326 (Tex. 2000) (orig. proceeding).

Accordingly, relators' petition for writ of mandamus is DENIED.
See Tex. R. App. P. 52.8(a).

MARK WHITTINGTON
JUSTICE