Supreme Court answers certified question from the Fifth Circuit in case involving dispute between insurers

October 12, 2007 - Texas Supreme Court issues four opinions

Insurers usually prevail in the Supreme Court, but what happens when two insurance companies do battle in that court?

Mid-Continent Ins. Co. v. Liberty Mutual Ins. Co., No. 05-0261 (Tex. Oct. 12, 2007)(Wainwright)(insurance law, subrogation, contribution, apportionment of settlement amount between insurers, - certified question from the Fifth Circuit)
05-0261 MID-CONTINENT INSURANCE COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY. The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit in Mid-Century Insurance Company v. Liberty Mutual Insurance Company, No. 03-10705 (5th Cir 2005).
Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Brister, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined. Justice Willett delivered a concurring opinion.

Supreme Court compels consumers to arbitrate, as usual; rejects all theories advanced in bid to avoid arbitration

In Re U.S. Home Corp, Lennar Corp et al, No. 03-1080 (Tex. Oct. 12, 2007)(per curiam)(arbitration home owners, residential construction defect)03-1080 IN RE U.S. HOME CORPORATION, LENNAR CORPORATION, DAVID GARCIA, FABIAN DIAZ AND SHELDON MOORE; from Cameron County; 13th district (13-03-00598-CV, ___ S.W.3d ___, 11/10/03)Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamusPer Curiam Opinion

Class action certification undone - discovery orders vacated via mandamus

In Re Sci Texas Funeral Services, Inc. No. 06-0385 (Tex. Oct. 12, 2007)(per curiam)(class decertification, discovery orders and sanctions)
06-0385 IN RE SCI TEXAS FUNERAL SERVICES, INC., SCIT HOLDINGS, INC., SCI FUNERAL SERVICES, INC., AND SERVICE CORPORATION INTERNATIONAL; from El Paso County; 8th district (08-05-00335-CV, 198 S.W.3d 14, 01/31/06)real parties in interest's motion for leave to file response deniedPursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion

Who said footnotes are superfluous?

BFI Waste Systems of North America, Inc. v. North Alamo Water Supply Corp., No. 06-0602 (Tex, Oct. 12, 2007)(per curiam)(excuse breach, prior breach by other party to contract)
06-0602 BFI WASTE SYSTEMS OF NORTH AMERICA, INC. AND BROWNING-FERRIS INDUSTRIES, INC. v. NORTH ALAMO WATER SUPPLY CORPORATION, JIMMY STEIDINGER, ENGELMAN IRRIGATION DISTRICT AND HIDALGO COUNTY DRAINAGE DISTRICT NO. 1; from Hidalgo County; 13th district (13-04-00069-CV, ___ S.W.3.d ___, 04-13-06) 2 petitions
Per Curiam Opinion