When Houston Astros owner Jim Crane and another investor bought a new aircraft for $19.85 million in 2010, they apparently expected it to be…well, new. When they discovered two years later it had been equipped with a used left engine with a troubled history, they sued. Now the SCOTX is weighing whether the evidence supports their $8M verdict.
Rowlett Condemnation Case Tests Post-Kelo Statute
Amid a flurry of amicus briefs from property rights advocates, business groups and municipal planners, the Texas Supreme Court heard arguments last week in an eminent domain dispute from Rowlett. The case is a test of a Texas statute designed to protect private property rights following Kelo v. City of New London.
Justice Fund Spotlights Phil Johnson, Veterans
AUSTIN – Vietnam veteran Phil Johnson was in mid-career as a military pilot when a distinguished law career intervened. These days, however, the Texas Supreme Court jurist is focused on the legal needs of today’s military men and women, and those interests were noted last week at the annual Texas Access to Justice luncheon.
SCOTX Hears New Case Regarding Post-Production Deductions
For nine years Burlington Resources deducted post-production costs from royalties paid to Amber Harvest for development in the Eagle Ford. Then came the 2015 Chesapeake v. Hyder decision, and now Amber Harvest is asking SCOTX to make Burlington reimburse them. Janet Elliott details their arguments before the court.
Finally, SCOTX Settles ‘Jarndyce v. Jarndyce’
A 46-year-old property tax case was finally settled by the Texas Supreme Court. Their ruling in the inter-county dispute, often compared to Dickens’ famously epic litigation, was settled in favor of San Patricio County.
Latest Deepwater Horizon Case Brings Question of Insurance Limits for Defense Expense
The dispute involves high-risk surplus lines insurance commonly purchased by drillers, and is being closely watched for its impact on that market.
SCOTX Asked To Decide “Jarndyce v. Jarndyce” Boundary Dispute
Dale Wainwright stepped to the podium at the Texas Supreme Court on Monday, looked at his former colleague Nathan Hecht and made a simple request: End a dispute between two counties that’s beginning to resemble Jarndyce v. Jarndyce.
SCOTX: State Not Immune From Anti-‘SLAPP’ Penalties
AUSTIN – (July 2) – In a 5-3 decision, the Texas Supreme Court Friday ruled against an effort to remove from office a county hospital district trustee who wanted to zero out the district’s tax rate. The state not only failed to establish a case for the trustee’s removal, it might owe attorney’s fees under the state’s “anti-SLAPP” statute. The Texas Lawbook has the story.
SCOTX Delivers Blows To Xerox, Dentists in Medicaid Fraud Cases
The Texas Supreme Court Friday delivered a one-two punch to a group of dentists and a state contractor who were pointing fingers at each other over allegations of massive fraud in the state’s Medicaid orthodontic program.
SCOTX: Context Presumes Intent In Murphy Exploration Lease Case
SCOTX last week ruled in yet another dispute pitting the plain language of oil and gas leases against the variable technology of the industry. In a 5-4 decision, the court ruled that the Fourth Court of Appeals erred when it imputed a more stringent requirement for the placement an offset well in the Eagle Ford Shale than either the actual lease or the realities of horizontal drilling allowed. The Texas Lawbook has the details.