The Texas Supreme Court will be hearing oral arguments in two cases on Wednesday and three cases on Thursday. Among the Wednesday arguments is the Edwards Aquifer water-rights dispute that could have significant implications for the ability of state government to regulate water use. The Thursday arguments will be held at UT Law [...]
Entries Tagged as 'Case Notes'
Oral arguments scheduled for Feb. 17 and Feb. 18
February 16th, 2010 · No Comments
Tags: Case Notes
Takings claim for a house already determined to be a nuisance; bank liability for disbursing estate funds to an imposter [arguments for Feb. 16, 2010]
February 15th, 2010 · No Comments
The Texas Supreme Court is hearing oral argument on Tuesday, February 15th in two cases: City of Dallas v. Stewart, No. 09-0257 (docket and briefs) (a takings case involving the City’s demolition of a house determined to be a nuisance) and Jefferson State Bank v. Lenk (asking what liability a bank has for paying out [...]
Tags: Case Notes
SCOTUS denies review of petition challenging Texas parental-termination system
January 25th, 2010 · No Comments
The challenge to Texas’s parental-termination system in the US Supreme Court, which I first wrote about in this post, has come to a quiet end.
The case became notable when the US Supreme Court formally called for the views of the Texas state solicitor general, believed to be the first such request. The Texas SG [...]
Tags: Case Notes · News and Links
Citizens United and Judicial Elections [updated]
January 21st, 2010 · No Comments
Most commentary about today’s Citizens United decision will focus on congressional and presidential elections.
But the decision may hit closer to home. Professor Rick Hasen brings some attention to the effect that Citizens United may have on judicial elections, especially in light of Caperton v. A.T. Massey Coal:
The ways out of this box [...]
Tags: Case Notes · News and Links
On the docket: Liability of horse owners, getting attorneys fees for medical-malpractice defense
January 20th, 2010 · No Comments
The Texas Supreme Court is hearing oral arguments in three cases on Thursday, January 21.
One case involves the Texas Equine Activity Act, which creates a limited immunity for horse owners. Another involves proof needed to get an attorneys’ fee sanction under the medical-malpractice statute.
Tags: Case Notes
On the docket: Can a child too young to consent to sex have the requisite intent to commit prostitution?
January 19th, 2010 · No Comments
The Texas Supreme Court is hearing arguments in three cases on Wednesday, November 20th.
The most interesting might be its juvenile-justice case, which asks if a child too young to consent to sex can nonetheless form the criminal intent necessary to commit prostitution.1
The other two cases involve proving causation of medical injuries. The Texas Supreme Court [...]
Tags: Case Notes
On the docket: Does the tow company have a vested property interest in a towed car?
January 18th, 2010 · No Comments
The Texas Supreme Court is hearing oral argument in three cases on Tuesday, November 19.
Does a tow company have a vested property interest in the cars it has towed?
City of Dallas v. VSC, LLC, No. 08-0265 [more info].
The Dallas police department took possession of some towed cars that were alleged to have been [...]
Tags: Case Notes
A quick start: 2010’s first petition has already been resolved
January 5th, 2010 · 1 Comment
The Texas Supreme Court is off to a quick start.
Its first petition of the new year, docket number 10-0001, has already been resolved.
The petition was a mandamus action styled In re Memorial Hermann Healthcare System out of Harris County. According to the Court’s docket page, the petition sought an emergency stay. When the [...]
Tags: Case Notes
On the docket: cities being sued for back pay; remedies for breaching duty to a partner; who must a manufacturer of defective products reimburse
December 17th, 2009 · No Comments
The Court is hearing three oral arguments this morning. The issues include:
whether cities have sovereign immunity against claims for back pay; whether someone who professionally installs a defective product is a “seller” that must be reimbursed by the manufacturer for their losses; when a party suing for breach of fiduciary duty can get disgorgement of the [...]
Tags: Case Notes
On the docket: Selling your lottery winnings; retaliatory discharge; land under easement hauled away for building materials
December 16th, 2009 · No Comments
The Court is hearing arguments this morning in three cases.
Does the Lottery Act prohibit selling your final two lottery payments?
Texas Lottery Commission v. First State Bank of DeQueen, et al., No. 08-0523 (more info)
This is a case I could write about all day. But that might be because I was counsel for the State [...]
Tags: Case Notes
On the docket: Ratio for punitive damages; landowner’s duty to clear ice; later-discovered heirs
December 15th, 2009 · No Comments
The Texas Supreme Court will be hearing oral arguments this morning in three cases.
The questions include the permissible ratio of punitive-to-actual damages, what duty rule Texas should adopt for ice on commercial property, and whether an heir who discovers paternity years after an estate is closed can file suit to reopen the judgment.
Tags: Case Notes
On the docket: Texas Open Beaches Act; mold coverage; pleading a taking
November 19th, 2009 · No Comments
The Texas Supreme Court will be hearing oral arguments this morning in three cases.
One of the cases is Severance v. Patterson, a certified question from a Fifth Circuit case attacking the constitutionality of the Texas Open Beaches Act. I blogged about the Fifth Circuit’s action (including its unusually scalding dissent from a certified question) [...]
Tags: Case Notes



