In a very busy order list this morning, the Texas Supreme Court issued opinions in nine of its pending cases. Because of the volume of case summaries, I’m going to post them separately.
The Court also granted four more petitions to be argued next term, including a hot-button case about recent fights over the Houston City Charter. (( Two of the petitions the Court granted today had previously been denied by the Court and were reinstated today after successful motions for rehearing. ))
D.R. Horton-Texas Ltd. v. Markel International Insurance Co., No. 06-1018 (DocketDB). An insurance case about the duty to indemnify and the “Eight Corners” rule. (Rehearing granted)
University of Texas Southwestern Medical Center at Dallas v. The Estate of Irene Esther Arancibia, No. 08-0215 (DocketDB). A Tort Claims Act case asking whether a change the Legislature made to the scope of sovereign immunity was retroactive and also about whether this suit was barred for failure to satisfy the conditions of §101.106. (Rehearing granted)
University of Texas Health Science Center at San Antonio v. Kia Bailey and Larry Bailey, No. 08-0419 (DocketDB). A case about how the statute of limitations and the “relation-back” doctrine apply to health-care liability claims against government hospitals.
Carroll G. Robinson, Bruce R. Hotze and Jeffrey N. Daily v. Bill White, Mayor; City of Houston, Houston City Council; et al., No. 08-0658 (DocketDB). A case by citizens of Houston challenging how the city’s elected officials chose to incorporate two ballot propositions (“Prop 1” and “Prop 2” from 2004, which together limit city taxation and spending) into the city charter.
Edwards Aquifer Authority, et al. v. Chemical Lime, Ltd., No. 06â€‘0911 (DocketDB) Justice Hecht delivered the opinion of the Court, in which all nine Justices joined. Justice Brister also delivered a concurring opinion, as did Justice Willett.
State of Texas and the Texas Department of Transportation v. George Lueck, No. 06â€‘1034 (Green, J.) (DocketDB)
Paul H. Smith, et al. v. Thomas O’Donnell, Executor of the Estate of Corwin Denney, No. 07-0697 (DocketDB). This was a 5-2 vote, with Justices Hecht and Green not sitting. Justice O’Neill delivered the opinion of the Court, garnering 5 votes. Justice Willett delivered a dissenting opinion, in which Justice Wainwright joined.
Harry Holmes, II, Independent Executor of the Estate of Thomas J. Homes, Sr. v. Douglas G. Beatty, Independent Executor of the Estate of Kathryn V. Holmes, No. 07-0697 (Jefferson, C.J.) (DocketDB) and No. 07-0785 (DocketDB) (consolidated)
Galbraith Engineering Consultants, Inc. v. Sam Pochucha and Jean Pochucha, No. 07-1051 (Medina, J.) (DocketDB)
State of Texas v. Central Expressway Sign Associates, et al., No. 08-0061 (O’Neill, J.) (DocketDB)