Thursday, December 31, 2009

Dec. 2009 End-of-Year Texas Supreme Court Decisions


DEC. 18, OPINIONS ISSUED BY THE TEXAS SUPREME COURT

UNILATERAL CONTRACT CAN BECOME VALID AND ENFORCEABLE: ACCEPTANCE BY PERFORMANCE
Vanegas v. American Energy Servcies, No. 07-0520 (Tex. Dec. 18, 2009) (Green)
(
contract formation and validity, enforceability)(illusory promise at the time it was made, promise became enforceable upon performance)
ED VANEGAS, JIMMY D. HALMAN, SAM ARMSTRONG, ALEX CARBAJAL, ROGER FARRINGTON, CURTIS HUFF, AND TITO BETANCUR v. AMERICAN ENERGY SERVICES, NIEWOEHNER PARTNERSHIP, L.P., RCH/HSJ/CCM/MCPI, L.P., AUTRY STEPHENS, JOHN CARNETT, BRACK BLACKWOOD, AND DENNIE MARTIN; from Midland County; 11th district (11-06-00118-CV, 224 SW3d 544, 05-10-07)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Green delivered the opinion of the Court. [
pdf]

CORRECTION DEED COULD NOT BE USED TO ADD PROPERTY OMITTED FROM ORIGINAL CONVEYANCE, BUT RESCISSION REMEDY GRANTED IN LIGHT OF ERROR
Myrad Properties, Inc. v. Lasalle Bank NA, No. 08-0444 (Tex. Dec. 18, 2009)(Green)
(whether a correction
deed may convey two properties when an unambiguous deed mistakenly conveyed only one, correction deed found void, court renders judgment and orders rescission of the mistaken deed)
MYRAD PROPERTIES, INC. v. LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC COMMERCIAL MORTGAGE SECURITES, INC., COMMERICIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1997-C1, ROBIN GREEN, AND MELISSA COBB;
from Bell County; 3rd district (03-07-00240-CV, 252 SW3d 605, 03-28-08)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court. [
pdf]

WHISTLEBLOWER CASE REMANDED UNDER NEW PRECEDENT WHICH MAKES PLEADING SUFFICIENCY A JURISDICTIONAL ISSUE
UT Southwestern Med. Ctr. at Dallas v. Gentillello, M.D., No. 08-0696 (Tex. Dec. 18, 2009)(per curiam) (Whistleblower case remanded in light of decision, holding in State v. Lueck)
THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS v. LARRY M. GENTILELLO, M.D.; from Dallas County; 5th district (05-07-00845-CV, 260 SW3d 221, 07-18-08) motion to dismiss dismissed as moot stay order issued October 2, 2008, lifted
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 that court.
Per Curiam Opinion [
pdf]

TRIAL COURT ALLOWED TOO MUCH DISCOVERY: SUPREME COURT AGAIN STEPS IN AND WIELDS MANDAMUS POWERS TO PROTECT CORPORATE DEFENDANT; LIMITS MANUFACTURER'S DUTY TO PRODUCE DOCUMENTS IN PRODUCT LIABILITY SUIT
In Re Deere & Co., No. 08-1076 (Tex. Dec. 18, 2009)(per curiam)(orig. proceeding) (discovery mandamus granted) (trial court’s order compelling production of documents found overly broad in temporal scope)
IN RE DEERE & COMPANY D/B/A JOHN DEERE COMPANY AND JOHN DEERE CONSTRUCTION & FORESTRY COMPANY; from Johnson County; 10th district (10-08-00436-CV, ___ SW3d ___, 12-22-08) stay order issued January 14, 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 [
pdf]

Dec. 11, 2009 Texas Supreme Court Opinions

DUTY TO DEFEND AND DUTY TO INDEMNIFY DISTINGUISHED IN BUILDER VS. INSURER COVERAGE DISPUTE
D.R. Horton-Texas, Ltd. v. Markel International Ins. Co. No. 06-1018 (Tex. Dec. 11, 2009)(Wainwright) (CGL insurance coverage, duty to defend, duty to indemnify)
D.R. HORTON-TEXAS, LTD. v. MARKEL INTERNATIONAL INSURANCE COMPANY, LTD.; from Harris County; 14th district (14-05-00486-CV, ___ SW3d ___, 10-26-06)
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court.
Justice Dale Wainwright delivered the opinion of the Court [in pdf]
(Justice Guzman not sitting)

IT MUST BE THE PLAINTIFF'S FAULT: SUPREMES SEE TO IT THAT DTPA PLAINTIFF LOSES; MAKE UP NEW RULE, APPLY IT RETROACTIVELY AND RULE AGAINST PLAINTIFF BECAUSE HE FAILED TO ESTABLISH EVIDENCE TO SATISFY THE NEW RULE HE DID NOT ANTICIPATE.
Metro Allied Ins. Agency v. Lin, No. 07-1032 (Tex. Dec, 11, 2009)(per curiam)
(
DTPA, negligence claim predicated on failure to procure insurance coverage, causation standard)(take-nothing JNOV against plaintiff reinstated)
METRO ALLIED INSURANCE AGENCY, INC. AND C. MICHAEL MCGLOTHLIN v. SHIHCHE E. LIN, INDIVIDUALLY AND D/B/A APTUS COMPANY, AND SUNG-PING H. LIN; from Harris County; 1st district (01-05-00196-CV, ___ SW3d ___, 08-31-07)
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.
Per Curiam Opinion [in pdf]

ASSAULT ON JURY VERDICTS CONTINUES: SUPREME COURT FINDS FAULT WITH EXPERT TESTIMONY ON DEFECTIVE CLOTHES DRYER IN PRODUCT-LIABILITY SUIT BROUGHT BY PARENTS OF TEEN WHO PERISHED IN FIRE. JURY HAD FOUND THAT A DESIGN DEFECT IN WHIRLPOOL DRYER CAUSED THE FATAL FIRE. SUPREME COURT DISAGREES, REVERSES, AND RENDERS JUDGMENT FOR THE MANUFACTURER.
Whirlpool Corp. v. Camacho, No. 08-0175 (Tex. Dec. 11, 2009)(Johnson)
(
product liability suit, design defect, laundry dryer fire, expert testimony)(multi-million judgment on jury verdict reversed)
WHIRLPOOL CORPORATION v. MARGARITA CAMACHO, ET AL.; from Hidalgo County;
13th district (13-05-00361-CV, 251 SW3d 88, 01-17-08)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Phil Johnson delivered the opinion of the Court [in pdf]
(Justice Guzman not sitting)