Texas Supreme Court's First Set of Opinions in New FY Does Not Suggest Any Impending Shift

MISSION STATEMENT: THE BUSINESS OF AN ALL-REPUBLICAN TEXAS SUPREME COURT IS TO REVERSE JURY VERDICTS IN TORT CASES AGAINST CORPORATE DEFENDANTS.

A VARIETY OF LEGAL THEORIES WILL DO, INCLUDING FEDERAL PREEMPTION

October 23, 2009 Opinions

AS LONG AS THE NUMBER OF FOOTNOTES EXCEEDS 50, IT MUST BE THE CORRECT DECISION (AFTER ALL, WHO HAS THE TIME TO ACTUALLY READ HECHT'S OPINIONS AND UNDERSTAND THAT FEDERAL INVOLVEMENT WAS MEANT TO PROMOTE SAFETY AND PREVENT TRAGEDIES SUCH AS THIS ONE, RATHER THAN PROVIDE AN EXCUSE TO THROW OUT A JURY AWARD IN A WRONGFUL DEATH CASE IN THE NAME OF FEDERAL PREEMPTION?)

Missouri Pacific RR Co. v. Limmer, No. 06-0023 (Tex. Oct. 23, 2009)(Hecht) (judgment on jury verdict in wrongful death case arising from train-truck collision reversed based on federal preemption) MISSOURI PACIFIC RAILROAD COMPANY D/B/A UNION PACIFIC RAILROAD COMPANY v. PATRICIA LIMMER, BILLYE JOYCE SMITH, AND BOBBY JEAN NOTHNAGEL; from Harris County;14th district (14-02-00688-CV, 180 SW3d 803, 11-29-05) 2 petitions The Court reverses the court of appeals' judgment and renders judgment.Justice Hecht delivered the opinion of the Court in which Chief Justice Jefferson, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined.(Justice O'Neill and Justice Guzman not sitting)(Newly appointed Justice Eva Guzman is the author of the opinion in the court of appeals)(reversal and remand not sufficient, new colleagues hold, take-nothing judgment must be entered)

WHAT HAPPENS WHEN A JUDGMENT IS REVERSED THAT HAS ALREADY BEEN PAID TO AVOID CONTINUING ACCRUAL OF INTEREST? CAN THE SUCCESSFUL APPELLANT GET THE MONEY BACK?

Miga v. Jensen, No. 07-0123 (Tex. 2009)(Jefferson) (recovery of money paid on judgment upon reversal on appeal, restitution, unjust enrichment) (voluntary payment rule inapplicable) DENNIS L. MIGA v. RONALD L. JENSEN; from Tarrant County;2nd district (02-05-00277-CV, ___ SW3d ___, 11-30-06). The Court affirms the court of appeals' judgment. Chief Justice Jefferson delivered the opinion of the Court.

FEE RECOVERY LIMITED

Smith v. Patrick W. Y. Tam Trust, No. 07-0970 (Tex. Oct. 23, 2009)(Jefferson) (reasonableness of attorneys fees when recovery of damages is less than what was sought) LAURI SMITH AND HOWARD SMITH v. PATRICK W.Y. TAM TRUST; from Collin County;5th district (05-06-00356-CV, 235 SW3d 819, 07-31-07). The Court reverses in part the court of appeals' judgment and remands the case to the trial court. Chief Justice Jefferson delivered the opinion of the Court.

DEBT COLLECTORS / THIRD-PARTY DEBT BUYERS CAN'T DO NO WRONG - SUPREME COURT BLESSES ATTEMPTS TO USE (AND BURDEN) STATE COURT SYSTEM TO COLLECT CREDIT CARD DEBT ALREADY DISCHARGED IN BANKRUPTCY

Unifund CCR Partners v. Villa, No. 08-1026 (Tex. Oct. 23, 2009)(per curiam) (sanctions for filing suit to collect debt discharged in bankruptcy reversed) UNIFUND CCR PARTNERS v. JAVIER VILLA; from Webb County;4th district (04-07-00465-CV, 273 SW3d 385, 09-17-08) 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 renders judgment. Per Curiam Opinion

FORMER EMPLOYEE COMPELLED TO ARBITRATE (WHAT ELSE IS NEW?)

In Re Polymerica, LLC, No. 08-1064 (Tex. Oct. 23, 2009)(per curiam) (arbitration mandamus granted) IN RE POLYMERICA, LLC D/B/A GLOBAL ENTERPRISES, INC.; from El Paso County; 8th district (08-08-00070-CV, 271 SW3d 442, 11-25-08) stay order of February 24, 2009 lifted Pursuant 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

ORDERS ON MOTIONS FOR REHEARING

EVEN ODD MINI-SUPPL-OPS WILL BOOST THE PRODUCTIVITY STATS: SUPREMES ISSUE PER CURIAM ON MOTION FOR REHEARING THAT DOES NOT EVEN CITE ORIGINAL OPINION, AND DOES NOT SAY WHO O'CONNOR IS (no, it's not the former U.S. Supreme Court Justice)

In Re Houston Pipe Line Co, LP., No. 08-0800 (Tex. Oct. 23, 2009)(per curiam) (opinion on denial of motion for rehearing) (limited discovery prior to arbitration sometimes permissible) IN RE HOUSTON PIPE LINE COMPANY, L.P., ET AL.; from Victoria County;13th district (13-07-00299-CV & 13-07-00362-CV, 269
SW3d 90, 08-26-08). Supplemental Per Curiam Opinion