2009-11-20 Texas Supreme Court Nixes Gas Station Owners' Class Action Against Exxon

ANOTHER CLASS-ACTION UNDONE BY THE TEXAS SUPREME COURT

Exxon Mobil Corp. v. Gill, No. 07-0404 (Tex. Nov. 20, 2009)(per curiam)(class action suits)(trial court’s class certification order in suit brought by gas station dealers over pricing and rebates is vacated and the case is remanded to that court for further proceedings)
EXXON MOBIL CORPORATION v. DAN GILL, ET AL.; from Nueces County;
13th district (13 06 00048 CV, ___ SW3d ___, 04 12 07) 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 the trial court. (Justice O'Neill and Justice Guzman not sitting)

APPEAL OVER THIRD-PARTY LIABILITY IN TEXAS A&M BONFIRE COLLAPSE ENDS AS TEXAS SUPREME COURT UN-GRANTS PETITION FOR REVIEW AS MOOT AFTER SETTLEMENT

Zachry Construction Corp v. Texas A&M University, No. 07-1050 (Tex. Nov. 20, 2009) (O'Neill)(A&M bonfire litigation aftermath, proportionate responsibility, responsible third party) (petition for review mooted by settlement and status change to "settling person")
ZACHRY CONSTRUCTION CORPORATION, ET AL. v. TEXAS A&M UNIVERSITY; from Brazos County; 10th district (10 05 00139 CV, 236 SW3d 801, 11 14 07) 2 petitions, motion to dismiss denied The Court withdraws its order of May 15, 2009, granting the petitions for review, as the petitions were improvidently granted. The petitions for review are denied.
Justice Harriet O'Neill delivered the opinion of the Court. (Justice Willett not sitting)

SUBSTITUTED OPINION ISSUED IN BILLBOARD CONDEMNATION APPEAL

State of Texas v. Central Expressway Sign Associates, No. 08-0061 (Tex. Nov. 20, 2009)(Subst. Op. by O'Neill) (condemnation, proper method for determining market value, admissibility of expert testimony, methods to appraise market value of condemned property)(harmful error analysis of complaints about admission or exclusion of evidence on appeal)
THE STATE OF TEXAS v. CENTRAL EXPRESSWAY SIGN ASSOCIATES, ET AL.; from Dallas County;5th district (05 06 00003 CV, 238 SW3d 800, 08 31 07)
motion for rehearing denied
The Court's opinion of June 26, 2009 is withdrawn and the opinion of this date is issued.
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice O'Neill delivered the opinion of the Court.
(Justice Guzman not sitting)

ANOTHER TORT SUIT AGAINST A GOVERNMENTAL ENTITY BITES THE DUST IN THE HIGH COURT

City of Waco v. Kirwan, No. 08-0121 (Tex. Nov. 20, 2009)(Green)(premises liability, fatal fall from cliff, recreational use statute)
CITY OF WACO v. DEBRA KIRWAN, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF BRAD MCGEHEE, DECEASED; from McLennan County;
10th district (10 07 00123 CV, 249 SW3d 544, 01 09 08)
The Court reverses the court of appeals' judgment and dismisses the case.
Justice Green delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice
Wainwright, Justice Medina, Justice Johnson, Justice Willett, and Justice Guzman joined as to Parts I–V, and in which Chief Justice Jefferson joined as to Part IV.

JURY'S DENIAL OF ALL ATTORNEY'S FEES REVERSED AND CASE REMANDED FOR NEW TRIAL ON FEES

Midland Western Building LLC v. First Service Air Conditioning Contractors, Inc., No. 08-0504 (Tex. Nov. 20, 2009)(per curiam) (zero attorney's fees awarded by jury not supported by the evidence, attorney fee testimony, segregation of fees incurred against different parties)(new trial on attorney's fees ordered)
MIDLAND WESTERN BUILDING L.L.C. v. FIRST SERVICE AIR CONDITIONING CONTRACTORS, INC.; from Midland County; 11th district (11 06 00222 CV, ___ SW3d ___, 03 13 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 remands the case to the trial court.

NON-SIGNATORIES COMPELLED TO ARBITRATE WRONGFUL DEATH CLAIMS BASED ON BENEFICIARY STATUS

In Re Golden Peanut Co.,LLC, No. 09-0122 (Tex. Nov. 20, 2009)(per curiam)(mandamus compelling arbitration granted) (arbitration and nonsignatories, wrongful death plaintiffs bound by arbitration agreement consented to by worker prior to being killed on the job as derivative claimants and must arbitrate claim against employer, pre-injury waivers, forum selection vs. waiver of substantive rights)
IN RE GOLDEN PEANUT COMPANY, LLC; from Gaines County;
11th district (11 08 00215 CV, 269 SW3d 302, 11 13 08)
Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.


ORDER ON MOTIONS FOR REHEARING


WILLETT DISSENT FROM DENIAL OF PETITION FOR REVIEW IN CASE RAISING OFFICIAL IMMUNITY ISSUE

Watson v. Watkins, No. 09-0166 (Tex. Nov. 20, 2009)(Willett)(opinion dissenting from denial of review) (would accept case presenting question whether peace officers are entitled to official immunity for acts performed while serving as private security guards will off-duty).
SHANE WATSON v. SHIRLEY NEWMAN AND JILL WATKINS; from Potter County;
7th district (07 08 00203 CV, ___ SW3d ___, 11 21 08)
Justice Willett, joined by Justice Hecht, delivered an opinion dissenting from the denial.