Supreme Court of Texas Decisions 2011

City of Dallas v. Martin, et al. (Majority)  
Date: December 16, 2011
Docket Number: 07-0288

Justia Opinion Summary: This matter arose out of a dispute over whether the City of Dallas paid its firefighters and police officers in accord with a 1979 ordinance adopted pursuant to a voter-approved referendum. Claiming the City had not prop...

Lowell, et al. v. Baytown, et al. (Other)  
Date: December 16, 2011
Docket Number: 07-1011

Justia Opinion Summary: Firefighters for the City of Baytown sued the City claiming that it improperly calculated pay for certain assignments in violation of the Firefighter and Police Civil Services Act. Here, the firefighters' claims for back...

Marsh USA Inc., et al. v. Cook (Majority)  
Date: December 16, 2011
Docket Number: 09-0558

Justia Opinion Summary: This case arose when plaintiff filed suit against its former employee and the employee's new employer for breach of contract and breach of fiduciary duty, claiming, among other things, that the new employer had solicited...

Minton v. Gunn, et al. (Majority)  
Date: December 16, 2011
Docket Number: 10-0141

Justia Opinion Summary: This case arose out of patent infringement litigation. At issue was whether federal courts possess exclusive subject matter jurisdiction over state-based legal malpractice claims that require the application of patent la...

In re Service Corp. Int'l and SCI Texas Funeral Services, Inc. (Other)  
Date: December 16, 2011
Docket Number: 10-0155

Justia Opinion Summary: This mandamus proceeding arose from an arbitration agreement governed by the Federal Arbitration Act (FAA), 9 U.S.C. 1 et seq. The parties entered into a contract for interment rights and services. The contract obligated...

In re Service Corp. Int'l and SCI Texas Funeral Services, Inc. (Other)  
Date: December 16, 2011
Docket Number: 10-0158

Justia Opinion Summary: This case arose when Norma Sandoval and her sister, Nora Martinez, jointly filed suit against SCI alleging fraud, deceptive trade practices, and other tort claims arising from their respective interment rights and servic...

Etan Industries, Inc., et al. v. Lehmann (Other)  
Date: December 16, 2011
Docket Number: 10-0318

Justia Opinion Summary: This case involved a property dispute between the parties over easements and right-of-ways on plaintiffs' property. Defendant contended that the tort claims against it were barred by the two-year statute of limitations a...

Shell Oil Co., et al. v. Ross (Majority)  
Date: December 16, 2011
Docket Number: 10-0429

Justia Opinion Summary: Plaintiff sued Shell for breach of contract, unjust enrichment, and fraud, based on claims that Shell underpaid royalty due under a mineral lease to plaintiff's grandmother. At issue was whether limitations barred a roya...

Americo Life, Inc., et al. v. Myer, et al. (Other)  
Date: December 16, 2011
Docket Number: 10-0734

Justia Opinion Summary: This case concerned an arbitration provision that allowed each party to appoint one arbitrator to a panel, subject to certain requirements. At issue was whether Americo wavied its objection to the removal of the arbitrat...

In re Jeffrey Cook (Other)  
Date: December 16, 2011
Docket Number: 10-0855

Justia Opinion Summary: This case stemmed from a divorce action between relator and his wife. The relator asked the court to decide whether a trial court abused its discretion when it issued an order granting a motion for new trial "based on al...

Ryland Enterprise, Inc. v. Weatherspoon (Other)  
Date: December 16, 2011
Docket Number: 11-0189

Justia Opinion Summary: Plaintiff sued Ryland in 2007 and the case went to trial in May 2010. On May 4th, the jury returned a verdict for plaintiff. On May 25, 2010 - after the jury verdict but before the judgment was signed - Ryland filed a JN...

In re Allcat Claims Service, L.P. and John Weakly (Majority)  
Date: November 28, 2011
Docket Number: 11-0589

Justia Opinion Summary: In this original proceeding Allcat, a limited partnership, and one of its limited partners sought an order directing the Comptroller to refund franchise taxes Allcat paid that were attributable to partnership income allo...

TEXAS DEPARTMENT OF TRANSPORTATION v. ROGER SEFZIK (Other)
Date: October 21, 2011
Docket Number: 08-0943
H.E. BARNES v. LEE ROY MATHIS (Other)
Date: October 21, 2011
Docket Number: 10-0669
LYNDA MARINO v. CHARLES KING (Other)
Date: October 21, 2011
Docket Number: 10-0854
CITY OF DALLAS v. KENNETH E. ALBERT, ET AL. (Majority)
Date: August 26, 2011
Docket Number: 07-0284
CITY OF DALLAS v. KENNETH E. ALBERT, ET AL. (Concurring/Dissenting)
Date: August 26, 2011
Docket Number: 07-0284
CITY OF DALLAS v. KENNETH E. ALBERT, ET AL. (Dissenting)
Date: August 26, 2011
Docket Number: 07-0284
TEXAS PARKS AND WILDLIFE DEPARTMENT v. THE SAWYER TRUST (Majority)
Date: August 26, 2011
Docket Number: 07-0945
TEXAS PARKS AND WILDLIFE DEPARTMENT v. THE SAWYER TRUST (Concurring)
Date: August 26, 2011
Docket Number: 07-0945
TEXAS MUTUAL INSURANCE COMPANY v. TIMOTHY J. RUTTIGER (Majority)
Date: August 26, 2011
Docket Number: 08-0751
TEXAS MUTUAL INSURANCE COMPANY v. TIMOTHY J. RUTTIGER (Concurring)
Date: August 26, 2011
Docket Number: 08-0751
TEXAS MUTUAL INSURANCE COMPANY v. TIMOTHY J. RUTTIGER (Dissenting)
Date: August 26, 2011
Docket Number: 08-0751
MERCK & CO., INC. v. FELICIA GARZA, ET AL. (Majority)
Date: August 26, 2011
Docket Number: 09-0073
TEXAS A&M UNIVERSITY - KINGSVILLE v. MELODY YARBROUGH (Majority)
Date: August 26, 2011
Docket Number: 09-0999
TEXAS A&M UNIVERSITY - KINGSVILLE v. MELODY YARBROUGH (Dissenting)
Date: August 26, 2011
Docket Number: 09-0999
G & H TOWING COMPANY, ET AL. v. CORY WAYNE MAGEE, ET AL. (Other)
Date: August 26, 2011
Docket Number: 10-0145
IN RE STATE OF TEXAS v. (Majority)
Date: August 26, 2011
Docket Number: 10-0235
JERRY L. BARTH v. BANK OF AMERICA, N.A. (Other)
Date: August 26, 2011
Docket Number: 10-0659
CAROL SEVERANCE v. JERRY PATTERSON, COMMISSIONER OF THE TEXAS GENERAL LAND OFFICE; GREG ABBOTT, ATTORNEY GENERAL FOR THE STATE OF TEXAS; AND KURT SISTRUNK, DISTRICT ATTORNEY FOR THE COUNTY OF GALVESTON, TEXAS (other)
Date: July 29, 2011
Docket Number: 09-0387
CITY OF DALLAS v. HEATHER STEWART (Majority)
Date: July 1, 2011
Docket Number: 09-0257
City of Dallas v. VSC, LLC  
Date: July 1, 2011
Docket Number: 08-0265

Justia Opinion Summary: The City of Dallas seized vehicles, which it alleged were stolen, from a company that was entitled to petition for their return. Instead of pursuing its statutory remedy, the company sued, alleging that its interest in t...

CITY OF DALLAS v. VSC, LLC (dissenting)
Date: July 1, 2011
Docket Number: 08-0265
City of Dallas v. Stewart  
Date: July 1, 2011
Docket Number: 09-0257

Justia Opinion Summary: Respondent appealed the Dallas Urban Rehabilitation Standards Board's decision that her house was a nuisance and order of demolition, alleging a due process claim and a claim for an unconstitutional taking. The trial cou...

CITY OF DALLAS v. HEATHER STEWART (dissenting)
Date: July 1, 2011
Docket Number: 09-0257
CITY OF DALLAS v. HEATHER STEWART (dissenting)
Date: July 1, 2011
Docket Number: 09-0257
Andrade v. NAACP, et al.  
Date: July 1, 2011
Docket Number: 09-0420

Justia Opinion Summary: Voters sued the Secretary of State arguing that her certification of the eSlate, a paperless direct recording electronic machine, violated the Election Code and the Texas Constitution. At issue was whether voters had sta...

TX Dept. of Public Safety v. Cox Texas Newspapers, L.P., et al.  
Date: July 1, 2011
Docket Number: 09-0530

Justia Opinion Summary: Two reporters representing three newspapers asked the Department of Public Safety (DPS) for travel vouchers from Governor Rick Perry's security detail. DPS noted that it was responsible for staffing the governor's protec...

Haygood v. Garza de Escabedo  
Date: July 1, 2011
Docket Number: 09-0377

Justia Opinion Summary: Petitioner sued respondent for injuries he sustained when the car he was driving collided with respondent's minivan as she was pulling out of a grocery store parking lot. At issue was whether section 41.0105 of the Texas...

AARON GLENN HAYGOOD v. MARGARITA GARZA DE ESCABEDO (dissenting)
Date: July 1, 2011
Docket Number: 09-0377
Scoresby, M.D. v. Santillan, et al.  
Date: July 1, 2011
Docket Number: 09-0497

Justia Opinion Summary: Respondent sued petitioner and two other doctors alleging that they negligently performed a medial maxillectomy to remove growth from Samuel Santillan's sinus cavity which resulted in brain damage and partial paralysis....

Lancer Ins. Co. v. Holiday Tours, et al.  
Date: July 1, 2011
Docket Number: 10-0096

Justia Opinion Summary: This case stemmed from a commercial bus driver's diagnosis of tuberculosis and subsequent transmission of the disease to passengers. At issue was whether the transmission of a communicable disease from the driver of a mo...

Jackson v. State Office of Administrative Hearings, et al.  
Date: July 1, 2011
Docket Number: 10-0002

Justia Opinion Summary: The State Office of Administrative Hearings (SOAH) refused to disclose certain decisions and orders in license suspension cases related to delinquent child support. At issue was whether the information was expressly exce...

IN RE GUARANTY INSURANCE SERVICES, INC. (other)
Date: July 1, 2011
Docket Number: 10-0364
BP America Prod. Co., et al. v. Marshall, et al.  
Date: July 1, 2011
Docket Number: 09-0399

Justia Opinion Summary: This case involved two related oil and gas mineral lease disputes that were jointly tried. At issue was whether limitations barred the Marshalls' (respondents and lessors) fraud claim against BP America Production Co., e...

Omaha Healthcare Center, LLC v. Johnson  
Date: July 1, 2011
Docket Number: 08-0231

Justia Opinion Summary: Respondent, on behalf of the estate of her deceased sister, filed suit against petitioner, a nursing home, alleging that while the sister was being cared for by petitioner, she was bitten by a brown recluse spider and di...

AEP Texas Central Co. v. Public Utility Comm'n of Texas, et al.  
Date: July 1, 2011
Docket Number: 08-0634

Justia Opinion Summary: This appeal challenged a final order of the Public Utility Commission (PUC) in a true-up proceeding under Chapter 39 of the Utilities Code. AEP Texas Central Co. (AEP), a transmission and distribution utility, and CPL Re...

Marsh USA Inc., et al. v. Cook  
Date: June 24, 2011
Docket Number: 09-0558

Justia Opinion Summary: Petitioner filed suit against respondent for breach of contract and breach of fiduciary duty. Respondent had been employed by petitioner since 1983 and rose to become a managing director. In 2005, respondent signed a Non...

JOHN GANIM v. J. FAROUK (FRANK) ALATTAR (Other)
Date: June 24, 2011
Docket Number: 10-0592
1/2 Price Checks Cashed v. United Automobile Ins. Co.  
Date: June 24, 2011
Docket Number: 10-0434

Justia Opinion Summary: 1/2 Price Checks Cashed (Half-Price) brought a suit in a Dallas County justice court asserting breach of contract on the basis of the obligation owed by the drawer of a check under Tex. Bus. & Com. 3.414 and requested at...

LTTS CHARTER SCHOOL, INC. D/B/A UNIVERSAL ACADEMY v. C2 CONSTRUCTION, INC. (dissenting)
Date: June 17, 2011
Docket Number: 09-0794
BIC Pen Corp. v. Carter  
Date: June 17, 2011
Docket Number: 09-0039

Justia Opinion Summary: Petitioner sued respondent after her son accidently set fire to her six-year-old daughter's dress with a J-26 model BIC lighter, alleging that the daughter's injuries were the result of manufacturing and design defects i...

Service Corp. Int'l, et al. v. Guerra  
Date: June 17, 2011
Docket Number: 09-0941

Justia Opinion Summary: Marcos Guerra was buried at Mont Meta Memorial Park cemetery in a plot that had been sold to someone else. When his family refused the cemetery's request that it be allowed to move the body to another burial plot, the ce...

LTTS Charter School, Inc. v. C2 Construction, Inc.  
Date: June 17, 2011
Docket Number: 09-0794

Justia Opinion Summary: LTTS Charter School ("LTTS") was an open-enrollment school that retained C2 Construction, Inc. ("C2") to build school facilities at a site Universal Academy had leased. C2 filed a breach of contract suit and Universal Ac...

THE STATE OF TEXAS v. CHRIS AND HELEN PETROPOULOS (Majority)
Date: June 10, 2011
Docket Number: 09-0652
IN RE MICHAEL WOLFE (other)
Date: June 10, 2011
Docket Number: 10-0294
State v. Petropoulos  
Date: June 10, 2011
Docket Number: 09-0652

Justia Opinion Summary: This action arose out of condemnation proceedings initiated by the State after the landowners and the State could not agree on the amount of compensation for a .33 acres out of a 3.5 acre tract of land fronting U.S. High...

TGS-NOPEC GEOPHYSICAL COMPANY D/B/A TGS-NOPEC CORPORATION v. SUSAN COMBS, SUCCESSOR-IN-INTEREST TO CAROLE KEETON STRAYHORN, COMPTROLLER OF PUBLIC ACCOUNTS, AND GREG ABBOTT, ATTORNEY GENERAL OF TEXAS (Majority)
Date: May 27, 2011
Docket Number: 08-1056
In re Coy Reece  
Date: May 27, 2011
Docket Number: 09-0520

Justia Opinion Summary: Relator was held in contempt of court and confined for perjuring himself during a deposition. At issue was whether a trial court could hold a litigant in contempt for perjury committed during a deposition and whether the...

IN RE COY REECE (dissenting)
Date: May 27, 2011
Docket Number: 09-0520
IN RE COY REECE (dissenting)
Date: May 27, 2011
Docket Number: 09-0520
Ojo, et al. v. Farmers Group, Inc., et al.  
Date: May 27, 2011
Docket Number: 10-0245

Justia Opinion Summary: Appellant, an African-American resident of Texas, sued appellees alleging that their credit-scoring systems employed several undisclosed factors which resulted in disparate impacts for minorities and violated the federal...

CMH Homes, et al. v. Perez  
Date: May 27, 2011
Docket Number: 10-0688

Justia Opinion Summary: Petitioners and respondent agreed to submit their claims to arbitration but could not agree on an arbitrator. Because of this disagreement, the trial judge intervened and appointed an arbitrator to preside over their dis...

TGS-NOPEC Geophysical Co. v. Combs, et al.  
Date: May 27, 2011
Docket Number: 08-1056

Justia Opinion Summary: This appeal arose from a franchise tax dispute involving the apportionment of receipts from the licensing of geophysical and seismic data to customers in Texas. Petitioner, a taxpayer, complained that respondent mischara...

NAFTA TRADERS, INC. v. MARGARET A. QUINN (Majority)
Date: May 13, 2011
Docket Number: 08-0613
NAFTA Traders, Inc. v. Quinn  
Date: May 13, 2011
Docket Number: 08-0613

Justia Opinion Summary: Respondent filed a sex discrimination suit against petitioner alleging violations of the Texas Commission on Human Rights Act, Tex. Lab. Code 21.001-.556, where petitioner terminated its employment of respondent citing a...

NAFTA TRADERS, INC. v. MARGARET A. QUINN (concurring)
Date: May 13, 2011
Docket Number: 08-0613
Genesis Tax Loan Serv. v. Kothman  
Date: May 13, 2011
Docket Number: 09-0828

Justia Opinion Summary: Respondents, owners of a vendors lien on each of four tracts of land, sued to have their liens declared superior to petitioner's liens. At issue was whether petitioner's liens were not unenforceable pursuant to section 3...

HARRIS METHODIST FORT WORTH v. JO FAWN OLLIE (other)
Date: May 13, 2011
Docket Number: 09-0025
BP America Prod. Co., et al. v. Marshall, et al.  
Date: May 13, 2011
Docket Number: 09-0399

Justia Opinion Summary: This case involved two related oil and gas mineral lease disputes that were jointly tried. One of the disputes was between petitioners, BP American Production Co., Atlantic Richfield Co., and Vastar Resources, Inc. (col...

IN RE UNIVERSAL UNDERWRITERS OF TEXAS INSURANCE COMPANY (Majority)
Date: May 6, 2011
Docket Number: 10-0238
In re Universal Underwriters of Texas Ins. Co.  
Date: May 6, 2011
Docket Number: 10-0238

Justia Opinion Summary: Grubbs Infinity ("Grubbs"), the insured, sued Universal Underwriters of Texas Insurance Company ("Universal") for underpayment of its insurance policy claim after Grubbs suffered hail damage to buildings on its property....

TRAVIS CENTRAL APPRAISAL DISTRICT v. DIANE LEE NORMAN (Majority)
Date: April 29, 2011
Docket Number: 09-0100
NUECES COUNTY, TEXAS v. JOE GUADALUPE BALLESTEROS (dissenting)
Date: April 29, 2011
Docket Number: 09-0561
LARRY ROCCAFORTE v. JEFFERSON COUNTY (Majority)
Date: April 29, 2011
Docket Number: 09-0326
TERRI LOFTIN v. JANICE LEE AND BOB LEE (Majority)
Date: April 29, 2011
Docket Number: 09-0313
TRAVIS CENTRAL APPRAISAL DISTRICT v. DIANE LEE NORMAN (Majority)
Date: April 29, 2011
Docket Number: 09-0100
LARRY ROCCAFORTE v. JEFFERSON COUNTY (concurring)
Date: April 29, 2011
Docket Number: 09-0326
Tawes v. Barnes  
Date: April 15, 2011
Docket Number: 10-0581

Justia Opinion Summary: This case returns from the Fifth Circuit to answer one of three certified questions. Appellee Barnes sought to enforce a Working Interest Unit Agreement (WIUA) and Joint Operating Agreement (JOA) for unpaid royalties as...

Iliff v. Iliff  
Date: April 15, 2011
Docket Number: 09-0753

Justia Opinion Summary: While married, Petitioner James Iliff was the principal breadwinner for his family of five, and earned approximately $100,000 in salary. He held a Bachelor's Degree in chemistry, and a Masters in Business Administration....

IN RE JOHN DOES 1 AND 2 (other)
Date: April 15, 2011
Docket Number: 10-0366
Allen Keller Co. v. Foreman  
Date: April 15, 2011
Docket Number: 09-0955

Justia Opinion Summary: Petitioner Allen Keller Company, a general contractor, was working under contract to the local government to construct a portion of roadway. The contract required strict compliance with its terms, and the company had no...

Italian Cowboy Partners, Ltd. v. Prudential Insurance Co.  
Date: April 15, 2011
Docket Number: 08-0989

Justia Opinion Summary: The Court was asked to consider whether state law allows a sophisticated party in a commercial transaction, represented by counsel, with full knowledge of all the circumstances, without mistake or duress of any kind, to...

THE CITY OF HOUSTON v. STEVE WILLIAMS, ET AL. (Majority)
Date: March 18, 2011
Docket Number: 09-0770
IN RE COMMITMENT OF SETH HILL (other)
Date: March 11, 2011
Docket Number: 10-0280
IN RE JOSEPH CHARLES RUBIOLA, ET AL. (Majority)
Date: March 11, 2011
Docket Number: 09-0309
IN RE BILLY JAMES SMITH (Majority)
Date: March 4, 2011
Docket Number: 10-0048
EBERHARD SAMLOWSKI, M.D. v. CAROL WOOTEN (Majority)
Date: February 25, 2011
Docket Number: 08-0667
EBERHARD SAMLOWSKI, M.D. v. CAROL WOOTEN (concurring/dissenting)
Date: February 25, 2011
Docket Number: 08-0667
EBERHARD SAMLOWSKI, M.D. v. CAROL WOOTEN (concurring)
Date: February 25, 2011
Docket Number: 08-0667
EBERHARD SAMLOWSKI, M.D. v. CAROL WOOTEN (dissenting)
Date: February 25, 2011
Docket Number: 08-0667
IN THE INTEREST OF C.H.C., A CHILD (other)
Date: January 28, 2011
Docket Number: 09-0480
IN THE INTEREST OF C.H.C., A CHILD (other)
Date: January 28, 2011
Docket Number: 09-0480
WILMA REEDY, R.N. v. ELIZABETH POMPA AND NICHOLAS POMPA, III, AS PARENTS AND NEXT FRIENDS OF ANNICA POMPA, A MINOR (other)
Date: January 21, 2011
Docket Number: 10-0306
CESAR ROMERO, M.D., ANTHONY CLAXTON, M.D., AND DAVID KORMAN, M.D. v. JACOB LIEBERMAN ON BEHALF OF THE ESTATE OF LARRY LIEBERMAN, DECEASED (other)
Date: January 21, 2011
Docket Number: 10-0134
ULYSSES L. ROSEMOND v. MAHA KHALIFA AL-LAHIQ, M.D. (other)
Date: January 21, 2011
Docket Number: 09-0830
TERRY LEONARD, P.A. AND APRIL DAWN HAIN, M.D. v. ANDRE GLENN (other)
Date: January 21, 2011
Docket Number: 09-0665
JEREMY MOLINET v. PATRICK KIMBRELL, M.D. AND JOHN HORAN, M.D. (Majority)
Date: January 21, 2011
Docket Number: 09-0544
JEREMY MOLINET v. PATRICK KIMBRELL, M.D. AND JOHN HORAN, M.D. (dissenting)
Date: January 21, 2011
Docket Number: 09-0544
THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO v. KIA BAILEY AND LARRY BAILEY (Majority)
Date: January 21, 2011
Docket Number: 08-0419
CARMELITA P. ESCALANTE, M.D., E. EDMUND KIM, M.D., EDGARDO RIVERA, M.D., AND FRANKLIN C. WONG, M.D. v. DONITA ROWAN AND JAMES NIESE (other)
Date: January 21, 2011
Docket Number: 08-0248
EVELYN CLARK, R.N., ROSEANNE RODRIGUEZ, MHS, AND ELIZABETH ORTIZ, MAS v. CYNTHIA SELL, ON BEHALF OF MITCHELL RAY SELL (other)
Date: January 21, 2011
Docket Number: 07-0647
JOHN CHRISTOPHER FRANKA, M.D. AND NAGAKRISHNA REDDY, M.D. v. STACEY VELASQUEZ AND SARAGOSA ALANIZ, INDIVIDUALLY AND AS NEXT FRIENDS OF THEIR MINOR CHILD, SARAGOSA MARIO ALANIZ (Majority)
Date: January 21, 2011
Docket Number: 07-0131
JOHN CHRISTOPHER FRANKA, M.D. AND NAGAKRISHNA REDDY, M.D. v. STACEY VELASQUEZ AND SARAGOSA ALANIZ, INDIVIDUALLY AND AS NEXT FRIENDS OF THEIR MINOR CHILD, SARAGOSA MARIO ALANIZ (dissenting)
Date: January 21, 2011
Docket Number: 07-0131
WILLIAM H. NEALON, M.D. AND ERIC M. WALSER, M.D. v. HARRY WILLIAMS (other)
Date: January 21, 2011
Docket Number: 06-0752
TERRY LEONARD, P.A. AND APRIL DAWN HAIN, M.D. v. ANDRE GLENN (other)
Date: January 21, 2011
Docket Number: 09-0665
ULYSSES L. ROSEMOND v. MAHA KHALIFA AL-LAHIQ, M.D. (other)
Date: January 21, 2011
Docket Number: 09-0830
RITA LACKEY FILLINGIM PEARSON v. WILLIS DAN FILLINGIM (other)
Date: January 14, 2011
Docket Number: 10-0013
RITA LACKEY FILLINGIM PEARSON v. WILLIS DAN FILLINGIM (other)
Date: January 14, 2011
Docket Number: 10-0013
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