Supreme Court of Texas Decisions 2014

Petroleum Solutions, Inc. v. Head (Unknown)  
Date: December 19, 2014
Docket Number: 11-0425

Justia Opinion Summary: Bill Head, who owns and operates the Silver Spur Truck Stop in Pharr, Texas, hired Petroleum Solutions, Inc. to manufacture and install an underground fuel system. After the discovery that a major diesel-fuel release lea...

CITY OF HOUSTON v. JAMES & ELIZABETH CARLSON, ET AL. (Unknown)
Date: December 19, 2014
Docket Number: 13-0435
City of Houston v. Carlson (Concurring)  
Date: December 19, 2014
Docket Number: 13-0435

Justia Opinion Summary: After an investigation, the City of Houston declared the Park Memorial condominiums uninhabitable. Because the condominium owners did not apply for an occupancy certificate or make necessary repairs within the requisite...

IN RE STATE BOARD FOR EDUCATOR CERTIFICATION (Concurring)
Date: December 19, 2014
Docket Number: 13-0537
In re State Bd. for Educator Certification (Concurring)  
Date: December 19, 2014
Docket Number: 13-0537

Justia Opinion Summary: After the State Board for Educator Certification revoked the teaching certificate of a schoolteacher, the schoolteacher sued to overturn the revocation. The trial court concluded that the Board’s decision was not support...

Thompson v. Tex. Dep’t of Licensing & Reg. (Per Curiam)  
Date: December 19, 2014
Docket Number: 13-0686

Justia Opinion Summary: Petitioner was court-martialed for sexual abuse and assault and imprisoned for eighteen years. Approximately two decades after the conviction, Petitioner applied to the Texas Department of Licensing and Regulation for a...

Richmont Holdings, Inc. v. Superior Recharge Sys., LLC (Per Curiam)  
Date: December 19, 2014
Docket Number: 13-0907

Justia Opinion Summary: When Richmont Holdings, Inc. bought the assets of Superior Recharge Systems, LLC the parties signed an asset Purchase Agreement that contained an arbitration provision. Superior Discharge’s part-owner, Jon Blake, signed...

In re Corral-Lerma (Per Curiam)  
Date: November 21, 2014
Docket Number: 12-0485

Justia Opinion Summary: Teresa Corral-Lerma sued Border Demolition and Environmental, Inc. under the Texas Theft Liability Act. Border Demolition counterclaimed for attorney’s fees under the same Act. The trial court granted summary judgment in...

Tex. Comm’n on Envtl. Quality (Per Curiam)  
Date: November 21, 2014
Docket Number: 13-0094

Justia Opinion Summary: Rosaena Resendez was fired from her position at the Texas Commission on Environmental Quality (TCEQ) after she reported alleged wrongdoing to supervisors within the organization and to the office of a state senator. Rese...

Damuth v. Trinity Valley Cmty. College (Per Curiam)  
Date: November 21, 2014
Docket Number: 13-0815

Justia Opinion Summary: Petitioner had a one-year contract to serve as the head women’s basketball coach and a professor with Trinity Valley Community College (TVCC), a local governmental entity. Five months into the contract, TVCC fired Petiti...

El Paso Marketing, L.P. v. Wolf Hollow I, L.P. (Per Curiam)
Date: November 21, 2014
Docket Number: 13-0816
El Paso Marketing, L.P. v. Wolf Hollow I, L.P. (Per Curiam)  
Date: November 21, 2014
Docket Number: 13-0816

Justia Opinion Summary: El Paso Marketing, L.P. provided gas for a power plant owned by Wolf Hollow I, L.P. The gas was transported to the plant through a pipeline owned by Enterprise Texas Pipeline LLC. El Paso sued Wolf Hollow, and Wolf Hollo...

In re Essex Ins. Co. (Per Curiam)  
Date: November 21, 2014
Docket Number: 13-1006

Justia Opinion Summary: “In Texas, the general rule…is that an injured party cannot sue the tortfeasor’s insurer directly until the tortfeasor’s liability has been finally determined by agreement or judgment.” Plaintiff sued San Diego Tortilla...

In re Nat’l Lloyds Ins. Co. (Per Curiam)  
Date: October 31, 2014
Docket Number: 13-0761

Justia Opinion Summary: Mary Erving filed suit against National Lloyds Insurance Company, alleging that National Lloyds had underpaid her insurance claims. During discovery, Erving requested production of all claims from the previous six years...

Ford Motor Co. v. Castillo (Per Curiam)  
Date: October 3, 2014
Docket Number: 13-0158

Justia Opinion Summary: Ezequiel Castillo and other occupants of his Ford Explorer sued Ford Motor Company for injuries sustained in a roll-over accident, asserting design defects in the Explorer. During the jury’s deliberations, Ford Motor Com...

Pike-Grant v. Grant (Per Curiam)  
Date: October 3, 2014
Docket Number: 13-0277

Justia Opinion Summary: Husband filed for divorce from Wife in 2009. The first recital in the divorce decree indicated that the hearing resulting in the judgment occurred in November 2011 and that Wife attended the hearing. Another recital in t...

Hamrick v. Ward (Opinion)  
Date: August 29, 2014
Docket Number: 12-0348

Justia Opinion Summary: Respondents claimed that a road that was necessary for access to the party’s landlocked, previously unified parcel was a prior use easement. The trial court granted summary judgment for Respondents, finding they conclusi...

Burbage v. Burbage (Opinion)  
Date: August 29, 2014
Docket Number: 12-0563

Justia Opinion Summary: W. Kirk Burbage (Kirk) and the Burbage Funeral Home sued Allan Chadwick Burbage (Chad), Kirk’s brother, for defamation after Chad created a website to air his grievances with Kirk and sent letters to family friends conta...

HIGHLAND HOMES LTD. v. THE STATE OF TEXAS (Dissenting)
Date: August 29, 2014
Docket Number: 12-0604
Highland Homes Ltd. v. State (Opinion)  
Date: August 29, 2014
Docket Number: 12-0604

Justia Opinion Summary: Two subcontractors employed by Petitioner, a homebuilder, asserted claims on behalf of a class of subcontractors whose pay Petitioner had docked when the subcontractors did not furnish proof of adequate general liability...

Nath v. Tex. Children’s Hosp. (Opinion)  
Date: August 29, 2014
Docket Number: 12-0620

Justia Opinion Summary: This suit was between a physician and other medical providers. Finding that Plaintiff-physician filed baseless pleadings in bad faith and with an improper purpose, the trial court imposed sanctions in excess of one milli...

Exxon Mobil Corp. v. Drennen (Opinion)  
Date: August 29, 2014
Docket Number: 12-0621

Justia Opinion Summary: William Drennan worked as an executive with Exxon Mobil Corporation (ExxonMobil), a Texas-based corporation. During his employment, Drennan received several forms of compensation through the corporation’s executive bonus...

IN THE INTEREST OF K.M.L., A CHILD (Concurring)
Date: August 29, 2014
Docket Number: 12-0728
IN THE INTEREST OF K.M.L., A CHILD (Dissenting)
Date: August 29, 2014
Docket Number: 12-0728
In re Interest of K.M.L. (Opinion)  
Date: August 29, 2014
Docket Number: 12-0728

Justia Opinion Summary: An intellectually disabled and mentally ill mother (Mother) gave birth to a child when Mother was a teenager. When the child was two, she fell and suffered injuries to her teeth and jaw. The next day, the Texas Departmen...

Zachry Constr. Corp. v. Port of Houston Auth. of Harris County (Opinion)  
Date: August 29, 2014
Docket Number: 12-0772

Justia Opinion Summary: Petitioner, a construction corporation, contracted to construct a wharf for Respondent, the Port of Houston Authority of Harris County, Texas. After the construction was to be completed, Petitioner sued, claiming damages...

Greene v. Farmers Ins. Exch. (Opinion)  
Date: August 29, 2014
Docket Number: 12-0867

Justia Opinion Summary: Homeowner lived in a house that she insured with Farmers Insurance Exchange. The policy contained a clause suspending dwelling coverage if the house was vacant for more than sixty days. Homeowner subsequently moved into...

Kinney v. Barnes (Opinion)  
Date: August 29, 2014
Docket Number: 13-0043

Justia Opinion Summary: Petitioner worked for a BCG Attorney Search, Inc. until he left and started a competing firm. BCG’s president, Andrew Barnes, posted a statement on two of his websites implicating Petitioner in a kickback scheme during h...

IN RE JOHN DOE A/K/A "TROOPER" (Dissenting)
Date: August 29, 2014
Docket Number: 13-0073
In re John Doe A/K/A “Trooper” (Opinion)  
Date: August 29, 2014
Docket Number: 13-0073

Justia Opinion Summary: Tex. R. Civ. P. 202 allows a “proper court” to authorize a deposition to investigate a potential claim before it is filed. In this case, “the Trooper,” an anonymous blogger, launched an online attack on The Reynolds & Re...

KING FISHER MARINE SERVICE, L.P. v. JOSE H. TAMEZ (Dissenting)
Date: August 29, 2014
Docket Number: 13-0103
King Fisher Marine Serv., LP v. Tamez (Opinion)  
Date: August 29, 2014
Docket Number: 13-0103

Justia Opinion Summary: Respondent was injured while working on board a dredging vessel operated by Petitioner. Respondent sued Respondent under the Jones Act, arguing that he was injured working under a specific order. Under maritime law, when...

Gilbert Wheeler, Inc. v. Enbridge Pipelines, LP (Opinion)  
Date: August 29, 2014
Docket Number: 13-0234

Justia Opinion Summary: Petitioner granted Respondent a right of way to construct a pipeline across Petitioner’s property. The parties signed an agreement requiring Respondent to install the pipeline by boring underground in order to preserve t...

TEXAS DEPARTMENT OF HUMAN SERVICES v. OLIVER OKOLI (Dissenting)
Date: August 22, 2014
Docket Number: 10-0567
Tex. Dep’t of Human Servs. v. Okoli (Opinion)  
Date: August 22, 2014
Docket Number: 10-0567

Justia Opinion Summary: Respondent, an employee of the Texas Department of Human Services (TDHS), reported wrongdoing to his supervisor. Respondent was disciplined by his supervisor, after which he reported the alleged violations he witnessed t...

Houston Unlimited, Inc. Metal Processing v. Mel Acres Ranch (Opinion)  
Date: August 22, 2014
Docket Number: 13-0084

Justia Opinion Summary: The question presented to the Supreme Court in this case was whether Texas recognizes a legal right to stigma damages, which represent damage to the reputation of realty. Plaintiff, a ranch owner, sued Defendant, the own...

Tenet Hosps. Ltd. v. Rivera (Opinion)  
Date: August 22, 2014
Docket Number: 13-0096

Justia Opinion Summary: In 2003, the Legislature enacted the Medical Liability Act, which contains a statute of repose that operates as a bar to claims that are not brought within ten years of the date of the medical treatment. In this case, al...

IN RE STATE BAR OF TEXAS (Concurring)
Date: August 22, 2014
Docket Number: 13-0161
In re State Bar of Tex. (Opinion)  
Date: August 22, 2014
Docket Number: 13-0161

Justia Opinion Summary: This mandamus proceeding related to a disciplinary proceeding against a former prosecutor Jon L. Hall, who allegedly suppressed exculpatory evidence in an aggravated robbery prosecution. The Commission for Lawyer Discipl...

In re Interest of M.G.N. (Per Curiam)  
Date: August 22, 2014
Docket Number: 13-0409

Justia Opinion Summary: A trial court may substitute a regular juror with an alternate if the regular juror is unable to fulfill or is disqualified from fulfilling his duties. A trial court may only dismiss a juror and proceed with fewer than t...

Henkel v. Norman (Per Curiam)  
Date: August 22, 2014
Docket Number: 13-0712

Justia Opinion Summary: On a cold winter day, Plaintiff, a mail carrier, had just delivered mail to the home of Homeowners when he slipped on the Homeowners' sidewalk and fell, allegedly injuring himself. One of the Homeowners had said “don’t s...

Chapman Custom Homes, Inc. v. Dallas Plumbing Co. (Per Curiam)  
Date: August 22, 2014
Docket Number: 13-0776

Justia Opinion Summary: A Homeowner contracted with a Builder to build a home on property owned by the Homeowner. The Builder contracted with a Plumber to put in the plumbing at the house. After the home was completed, the Builder and the Homeo...

Bostic v. Georgia-Pacific Corp. (Opinion)  
Date: July 11, 2014
Docket Number: 10-0775

Justia Opinion Summary: Timothy Bostic died from mesothelioma, which can be caused by asbestos. Plaintiffs, Bostic’s family members, sued Georgia-Pacific Corporation and thirty-nine other defendants, alleging that Bostic had been exposed to asb...

Petroleum Solutions, Inc. v. Head (Opinion)  
Date: July 11, 2014
Docket Number: 11-0425

Justia Opinion Summary: Bill Head, doing business as Bill Head Enterprises (Head), hired Petroleum Solutions, Inc. to manufacture and install an underground fuel system at the truck stop Head owned and operated. After a major diesel-fuel leak o...

Brookshire Bros., Ltd. v. Aldridge (Opinion)  
Date: July 3, 2014
Docket Number: 10-0846

Justia Opinion Summary: In this case, the Supreme Court articulated with greater clarity the standards governing whether an act of spoliation has occurred and the limits of a trial court’s discretion to impose certain remedies upon a finding of...

BROOKSHIRE BROTHERS, LTD. v. JERRY ALDRIDGE (Dissenting)
Date: July 3, 2014
Docket Number: 10-0846
Porretto v. Tex. Gen. Land Office (Opinion)  
Date: July 3, 2014
Docket Number: 12-0483

Justia Opinion Summary: The Porretto family owned several acres of property between the Galveston Seawall and the Gulf of Mexico. Due to the State’s repeated recharacterization of the Porretto’s property as public property, the Porrettos had di...

Union Carbide Corp. v. Synatzske (Opinion)  
Date: July 3, 2014
Docket Number: 12-0617

Justia Opinion Summary: Joseph Emmite worked as an insulator at Union Carbide Corporation for approximately forty years before he died in 2005. In 2007, the Emmites filed a wrongful death suit against Union Carbide. Union Carbide filed a motion...

Jaster v. Comet II Constr., Inc. (Plurality)  
Date: July 3, 2014
Docket Number: 12-0804

Justia Opinion Summary: At issue in this case was whether the statutory requirement that a plaintiff in any action for damages arising out of the provision of professional services by a licensed or registered professional file a supporting expe...

In re Ford Motor Co. (Opinion)  
Date: July 3, 2014
Docket Number: 12-0957

Justia Opinion Summary: At issue in this case was the Texas-resident exception to the forum non conveniens statute, which allows “plaintiffs” who are legal residents of Texas to bring a case in a Texas forum even if forum non conveniens would o...

IN RE FORD MOTOR COMPANY (Dissenting)
Date: July 3, 2014
Docket Number: 12-0957
IN RE FORD MOTOR COMPANY (Dissenting)
Date: July 3, 2014
Docket Number: 12-0957
Lubbock County Water Control & Improvement Dist. v. Church & Akin, LLC (Opinion)  
Date: July 3, 2014
Docket Number: 12-1039

Justia Opinion Summary: A lessee leased a marina from a governmental entity providing that the premises be used only as a "marina, restaurant, gasoline and sundry sales and as a recreational facility.” When the governmental entity terminated th...

Boerjan v. Rodriguez (Per Curiam)  
Date: June 27, 2014
Docket Number: 12-0838

Justia Opinion Summary: A family from Mexico hired Jose Marciel, a “coyote,” to transport them to Houston or New Orleans. Marciel collected the family at a house in Texas, and, before dawn, arrived at the private Jones Ranch. An employee of the...

French v. Occidental Permian Ltd. (Opinion)  
Date: June 27, 2014
Docket Number: 12-1002

Justia Opinion Summary: Petitioners owned the royalty interests under two oil and gas leases. The leases were later pooled to form the Cogdell Canyon Reef Unit (CCRU). Since the CCRU was formed, a method of enhanced oil recovery began to be use...

Cardiac Perfusion Servs., Inc. v. Joubran (Per Curiam)  
Date: June 27, 2014
Docket Number: 13-0014

Justia Opinion Summary: Randall Hughes was an employee and a minority shareholder of Cardiac Perfusion Services, Inc. (CPS). After Hughes’s employment terminated, CPS and Michael Joubran filed an action against Hughes and also requested declara...

Danet v. Bhan (Per Curiam)  
Date: June 27, 2014
Docket Number: 13-0116

Justia Opinion Summary: The Texas Department of Family and Protective Services (DFPS) removed a child from the custody of his Mother. After DFPS decided not to seek termination of Mother’s rights, the child’s Foster Parents filed suit, seeking...

Ritchie v. Rupe (Opinion)  
Date: June 20, 2014
Docket Number: 11-0447

Justia Opinion Summary: A minority shareholder (Plaintiff) filed suit against a closely held corporation and the corporation’s board of directors, alleging that the directors engaged in oppressive conduct and breached their fiduciary duties by...

LAN/STV v. Martin K. Eby Constr. Co., Inc. (Opinion)  
Date: June 20, 2014
Docket Number: 11-0810

Justia Opinion Summary: An owner contracted with an Architect to prepare plans and specifications for the construction of a light rail. A General Contractor was awarded the contract to construct the project. The Architect and General Contractor...

Americo Life, Inc. v. Myer (Opinion)  
Date: June 20, 2014
Docket Number: 12-0739

Justia Opinion Summary: Respondents sold a collection of insurance companies to Petitioners in an agreement that contained an arbitration clause. Petitioners later invoked arbitration, alleging breach of contract. After Respondents complained a...

Schlumberger Tech. Corp. v. Arthey (Opinion)  
Date: June 20, 2014
Docket Number: 12-1013

Justia Opinion Summary: A corporation invited guests to a business retreat at the corporation’s expense at a lodge near the Gulf of Mexico. The lodge provided the guests with bay fishing from small boats. The corporation provided alcoholic beve...

Key Operating & Equip., Inc. v. Hegar (Opinion)  
Date: June 20, 2014
Docket Number: 13-0156

Justia Opinion Summary: A mineral lessee operated two wells on two contiguous tracts of land. When one of the wells stopped producing, the lessee pooled parts of the two mineral leases. Landowners subsequently bought a tract of land that includ...

Ford Motor Co. v. Castillo (Per Curiam)  
Date: June 20, 2014
Docket Number: 13-0158

Justia Opinion Summary: Plaintiffs sued Ford Motor Company for injuries they sustained in a roll-over accident. The case was submitted to a jury. After the jury began its deliberations, the parties agreed to settle the case. Ford, however, late...

Graham Cent. Station, Inc. v. Pena (Per Curiam)  
Date: June 20, 2014
Docket Number: 13-0450

Justia Opinion Summary: Plaintiff, a patron of the Graham Central Station nightclub, was assaulted by other patrons of the club. Plaintiff sued Graham Central Station, Inc. (GCS), the nightclub’s purported owner, alleging that GCS failed to pro...

State Office of Risk Mgmt. v. Carty (Opinion)  
Date: June 20, 2014
Docket Number: 13-0639

Justia Opinion Summary: Jimmy Carty died in an accident during his employment for the state. The workers’ compensation carrier for state employees (carrier) began paying death benefits to Christy, Jimmy’s wife, and the couple’s three minor chil...

HMC Hotel Props. II Ltd. P’ship v. Keystone-Texas Prop. Holding Corp. (Opinion)  
Date: June 13, 2014
Docket Number: 12-0289

Justia Opinion Summary: Keystone-Texas Property Holding Corporation owned the Rivercenter Mall and the ground beneath the San Antonio Marriott Riverwalk hotel. Keystone leased the hotel land to Petitioners, who owned and operated the hotel. In...

Mehrdad v. Interstate 35/Chisam Road, L.P. (Opinion)  
Date: June 13, 2014
Docket Number: 12-0937

Justia Opinion Summary: Borrower borrowed $696,000 from Lenders. The note was secured by a deed of trust covering real property. Guarantor guaranteed the loan under a guaranty agreement that included a general waiver of defenses. Borrower subse...

Venture Cotton Coop. v. Freeman (Opinion)  
Date: June 13, 2014
Docket Number: 13-0122

Justia Opinion Summary: Plaintiffs, two groups of cotton farmers, filed suits against the cooperative of which they were members under contract, alleging that they were fraudulently induced to join the cooperative. Plaintiffs’ agreements with t...

Alexander v. Walker (Per Curiam)  
Date: June 6, 2014
Docket Number: 11-0606

Justia Opinion Summary: Plaintiff brought suit in state court against two county sheriff’s department deputies stemming from the officers’ conduct incident to Plaintiff’s arrests. Plaintiff then brought suit in federal court against the county...

Stinson v. Fontenot (Per Curiam)  
Date: June 6, 2014
Docket Number: 11-1015

Justia Opinion Summary: Petitioner filed an action in state court against Respondent, a county sheriff’s deputy, arising from an incident in which Petitioner was arrested at her home. Petitioner subsequently filed an action in federal court ari...

MAN Engines & Components, Inc. v. Shows (Opinion)  
Date: June 6, 2014
Docket Number: 12-0490

Justia Opinion Summary: After Plaintiff purchased a used yacht, the yacht’s starboard engine failed beyond repair. Plaintiff sued Defendant-manufacturer, alleging several causes of action, including breach of the implied warranty of merchantabi...

In re S.M.R. (Opinion)  
Date: June 6, 2014
Docket Number: 12-0968

Justia Opinion Summary: The trial court terminated Mother’s and Father’s parental rights to their three children on endangerment grounds and found that termination was in the children’s best interests. Father appealed the judgment. The court of...

City of Houston v. Proler (Opinion)  
Date: June 6, 2014
Docket Number: 12-1006

Justia Opinion Summary: Shayn Proler, a firefighter with the Houston fire department, filed an administrative grievance seeking reassignment to a fire suppression unit under the terms of a collective bargaining agreement. After a hearing, Prole...

City of Watauga v. Gordon (Opinion)  
Date: June 6, 2014
Docket Number: 13-0012

Justia Opinion Summary: Russell Gordon was stopped by City of Watauga police officers and arrested. Gordon subsequently sued the City for injuries to his wrists caused by the officers' use of handcuffs. The City filed a plea to the jurisdiction...

In re Vaishangi, Inc. (Per Curiam)  
Date: June 6, 2014
Docket Number: 13-0169

Justia Opinion Summary: Relators filed suit in Harris County for breach of contract and wrongful foreclosure against a Bank. The parties reached a settlement memorialized in a Rule 11 agreement. The trial court later dismissed all claims but di...

Tenaska Energy, LLC v. Ponderosa Pine Energy, LLC (Opinion)  
Date: May 23, 2014
Docket Number: 12-0789

Justia Opinion Summary: Petitioners and Respondent entered into an agreement. The parties later disputed whether their agreement required Petitioners to indemnify Respondent for breaching certain representations and warranties in the agreement....

McAllen Hosps., LP v. State Farm County Mut. Ins. Co. (Opinion)  
Date: May 16, 2014
Docket Number: 12-0983

Justia Opinion Summary: Two Patients were injured in a car accident with Third-Party. Patients were treated at Hospital, and to secure payment, Hospital filed hospital liens under the Hospital Lien Statute. Patients settled with Third-Party and...

Hodges, LLP v. Gobellan (Per Curiam)  
Date: May 16, 2014
Docket Number: 13-0321

Justia Opinion Summary: The Gobellans retained Law Firm to defend them and bring suit. Associate was assigned to the case. Associate later left Law Firm and took several clients, including Gobellans, with him. Law Firm sued Associate over clien...

Sims v. Carrington Mortgage Servs., LLC (Opinion)  
Date: May 16, 2014
Docket Number: 13-0638

Justia Opinion Summary: Plaintiffs, the recipients of a home equity loan, reached two loan modification agreements with Defendant, which reduced the interest rate and payments. Plaintiffs subsequently brought this class action against Defendant...

In re A.B. (Opinion)  
Date: May 16, 2014
Docket Number: 13-0749

Justia Opinion Summary: In 2008, the Texas Department of Family and Protective Services (DFPS) filed suit to terminate Father’s parental rights to his two children. Two trials resulted in the termination of Father’s parental rights. In both cas...

Waste Mgmt. of Tex., Inc. v. Tex. Disposal Sys. Landfill, Inc. (Opinion)  
Date: May 9, 2014
Docket Number: 12-0522

Justia Opinion Summary: Waste Management of Texas, Inc. (“WMT”) and Texas Disposal Systems Landfill, Inc. (“TDS”) competed for waste-disposal and landfill-services contracts with two Texas cities. During the bidding process, WMT anonymously pub...

Amedisys, Inc. v. Kingwood Home Health Care, LLC (Opinion)  
Date: May 9, 2014
Docket Number: 12-0839

Justia Opinion Summary: Plaintiff and Defendant were competitors. Plaintiff sued Defendant for tortious interference with Plaintiff’s non-solicitation agreements with employees. Five days after receiving a settlement offer from Defendant, Plain...

In re Fisher (Opinion)  
Date: May 2, 2014
Docket Number: 12-0163

Justia Opinion Summary: Mark Fisher and Reece Boudreaux were limited partners of Nighthawk Oilfield Services, Ltd. (“Nighthawk”), which acquired Richey Oilfield Construction, Inc. (“Richey Oil”) from Mike Richey. The business did not go well, a...

In re Whataburger Rests. LP (Per Curiam)  
Date: April 25, 2014
Docket Number: 11-0037

Justia Opinion Summary: Plaintiffs filed a premises liability suit against Defendant, Whataburger Restaurants LP, for injuries sustained in a fight outside of Defendant’s restaurant. The jury rendered a 10-2 verdict in favor of Defendant, and t...

Long v. Griffin (Per Curiam)  
Date: April 25, 2014
Docket Number: 11-1021

Justia Opinion Summary: Respondents filed claims against Petitioners relating to certain oil and gas ventures. At issue in this case was Respondents’ assignment claim, which an involved an agreement between Respondents and Petitioners for Respo...

In re Health Care Unlimited, Inc. (Per Curiam)  
Date: April 25, 2014
Docket Number: 12-0410

Justia Opinion Summary: The estate and survivors of Belinda Valdemar sued Health Care Unlimited, Inc. (HCU) and its employee, Edna Gonzalez, after Valdemar died as a result of an automobile accident. Valdemar was a passenger in a vehicle that G...

Sawyer v. E.I. du Pont de Nemours & Co. (Opinion)  
Date: April 25, 2014
Docket Number: 12-0626

Justia Opinion Summary: Most of the employees at a La Porte unit (“Unit”) of E. I. du Pont de Nemours and Company (“DuPont”) were covered by a collective bargaining agreement (“CBA”). When DuPont announced plans to spin off part of its operatio...

Rio Grande Valley Vein Clinic, P.A. v. Guerrero (Per Curiam)  
Date: April 25, 2014
Docket Number: 12-0843

Justia Opinion Summary: Plaintiff sued Defendant, which provided laser hair removal services, for negligence after she allegedly suffered burns and scarring on her face and neck while receiving laser hair removal treatments. Defendant filed a m...

Long v. Castle Tex. Prod. Ltd. P’ship (Opinion)  
Date: March 28, 2014
Docket Number: 11-0161

Justia Opinion Summary: In this oil and gas billing dispute, Plaintiffs sued Defendant for, inter alia, breach of a joint operating agreement. Defendant counterclaimed and prevailed on its counterclaim. The trial court awarded Defendant prejudg...

Kia Motors Corp. v. Ruiz (Opinion)  
Date: March 28, 2014
Docket Number: 11-0709

Justia Opinion Summary: Andrea Ruiz was driving a Kia Spectra when she was involved in an automobile accident in which the driver’s-side frontal air bag failed to deploy. Andrea died from dislocated vertebrae in her neck. The Ruiz family filed...

Bioderm Skin Care, LLC v. Sok (Opinion)  
Date: March 28, 2014
Docket Number: 11-0773

Justia Opinion Summary: Veasna Sok sued Bioderm Skin Care, LLC and Dr. Quan Nguyen after Sok purchased laser hair removal treatments from Bioderm and allegedly received burns and scars on her legs due to too high an intensity setting. When Sok...

Crosstex Energy Servs. L.P. v. Pro Plus, Inc. (Opinion)  
Date: March 28, 2014
Docket Number: 12-0251

Justia Opinion Summary: Crosstex Energy Services, LP hired Pro Plus, Inc. as the principal contractor to construct a natural gas compression station. Crosstex sued Pro Plus after an explosion occurred at the station, causing $10 million in prop...

Arsenio Colorado v. Tyco Valves & Controls, L.P. (Opinion)  
Date: March 28, 2014
Docket Number: 12-0360

Justia Opinion Summary: When Tyco Valves & Controls, L.P. decided to close one of its facilities located in Houston, Tyco offered certain employees retention agreements providing that, if the employees remained with the company through the faci...

In re Ford Motor Co. & Ken Stoepel Ford, Inc. (Opinion)  
Date: March 28, 2014
Docket Number: 12-1000

Justia Opinion Summary: Saul Morales was fleeing from the police when one of the police officers left his Ford vehicle, then pursued and apprehended Morales. The officer’s vehicle began rolling backward toward the pair while the officer attempt...

ZAHER EL-ALI v. THE STATE OF TEXAS (Dissenting)
Date: March 28, 2014
Docket Number: 13-0006
ZAHER EL-ALI v. THE STATE OF TEXAS (Concurring)
Date: March 28, 2014
Docket Number: 13-0006
FPL Energy, LLC v. TXU Portfolio Mgmt. Co., L.P. (Opinion)  
Date: March 21, 2014
Docket Number: 11-0050

Justia Opinion Summary: TXU Portfolio Management Company (TXU) entered into a contract with FPL Energy, LLC to receive electricity and renewable energy credits (RECs) from wind farms owned by FPL. After FPL failed to provide the electricity and...

Gotham Ins. Co. v. Warren E&P, Inc. (Opinion)  
Date: March 21, 2014
Docket Number: 12-0452

Justia Opinion Summary: An Insured obtained an insurance policy to reimburse its expenses in regaining control of an oil well in the event the well blew out. The well subsequently blew out and caught fire. The Insured represented to the Insurer...

In re Fisher (Opinion)  
Date: February 28, 2014
Docket Number: 12-0163

Justia Opinion Summary: Mike Richey sold his interest in Richey Oilfield Construction, Inc. to Nighthawk Oilfield Services, Ltd. Richey remained employed as president of Richey Oil and became a limited partner in Nighthawk. The primary agreemen...

Coinmach Corp. v. Aspenwood Apartment Corp. (Corrected)  
Date: February 14, 2014
Docket Number: 11-0213

Justia Opinion Summary: A commercial tenant (Tenant) remained in possession of property for over ten years after Tenant lost its lease when the property was sold through foreclosure. The new owner (Owner) continually insisted that Tenant vacate...

Galveston Cent. Appraisal Dist. v. TRQ Captain’s Landing (Opinion)  
Date: January 17, 2014
Docket Number: 07-0010

Justia Opinion Summary: A Foundation, a nonprofit corporation, completely controlled an LLC, which owned and controlled a LP, which owned apartments. The Foundation was a community housing development organization (CHDO), but the LLC and LP wer...

Tex. Coast Utils. Coal. v. R.R. Comm’n of Tex. (Opinion)  
Date: January 17, 2014
Docket Number: 12-0102

Justia Opinion Summary: CenterPoint Energy Resources Corporation, a gas utility that distributes natural gas, sought to raise its rates. CenterPoint’s proposed rate schedule included a “cost of service adjustment” (COSA) clause. The Railroad Co...

Ewing Constr. Co., Inc. v. Amerisure Ins. Co. (Opinion)  
Date: January 17, 2014
Docket Number: 12-0661

Justia Opinion Summary: Ewing Construction Company entered into a contract with a school district to serve as general contractor on a project. The school district later filed suit against Ewing for faulty construction. Ewing tendered defense of...

In re K.N.D. (Per Curiam)  
Date: January 17, 2014
Docket Number: 13-0257

Justia Opinion Summary: The trial court terminated Mother’s parental rights to her daughter and appointed as sole managing conservator the Department of Family and Protective Services. Mother appealed, contending that the evidence was insuffici...

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