The court is being asked to determine whether claims arising out of a resident’s fall on the facility’s sidewalk is a premises liability claim or a health care liability claim requiring an expert report.
Does Adoption of AAA Rules Show Parties Wanted Arbitration? SCOTX Hears Arguments
Lawyers on opposing sides in a $41 million dispute over offshore drilling differ on the need for a new rule defining the meaning of standard arbitration rules in a contract on the gateway issue of arbitrability. Courts of appeals have split on the issue.
SCOTX Hears SLAPP Award Dispute in Caged Tiger Case
A 2018 dispute over four white tigers caged for viewing at a Houston restaurant has made its way to SCOTX. The dispute is no longer about the tigers — they found a more appropriate habitat. But sanctions levied for a SLAPP suit filed for commercial defamation are keeping the litigation alive. Janet Elliott has the details.
SCOTX Ponders Demands for Uninsured Medical Charges
Medical providers offer “letters of protection” to allow uninsured persons to receive medical treatment in anticipation of personal injury settlements. Critics say they can be used to hike the costs of litigation. The Texas Supreme Court heard arguments recently that discovery should allow defendants greater access to the real costs of such medical care. Janet Elliott details the arguments.
SCOTX Doubles Down on TWCA Exceptions
Doubling down on a ruling earlier this year that intent governs whether employee lawsuits are excepted from the restrictions of the Texas Workman’s Compensation Act, a unanimous SCOTX tossed a $43.5 million jury verdict for a worker who lost a leg in what the court itself described as “an avoidable, unjustifiable, and grossly negligent accident.” Janet Elliott explains.
SCOTX Scrutinizes a 30-Year-Old Rule on Trade Secrets
In HouseCanary v. Title Source, a scrap over source code pits a 2013 law designed to protect trade secrets against a longstanding rule of Texas Civil Procedure that presumes that court records are open to the public. At stake is not only a jury verdict of more than $700 million, but a longstanding vision of public trust.
SCOTX Faces New Questions On Tortfeasor Exemptions From TWC
Less than four months after its controversial “tired trucker” ruling absolved an employer whose employee died after being required to work excessive hours, the Texas Supreme Court is weighing a $43.5 million jury verdict tossed on appeal because of the court’s broadened limits on a worker’s right to sue.
Justice Eva Guzman Charts Trailblazing Course Through Texas Judiciary
The journey to the top for Texas Supreme Court Justice Eva Guzman has been an unusual one, filled both with obstacles and firsts. As she takes her place this fall as senior justice, Janet Elliott profiles the rise of a woman who embraces her non-traditional path as part of her belief in the law.
“Well, that was unexpected…” Panel Considers SCOTX Term
The state’s highest court dealt with a number of issues this past term — a COVID-19 pandemic, changes in personnel and a ransomware attack. But the court also heard a few cases, and a quartet of appellate experts from Beck Redden and Haynes and Boone discussed those cases in a recent panel hosted by The Texas Lawbook.
A Former Justice Pursues Her Continued Passion: Access To Justice
As a justice on the Texas Supreme Court Deborah Hankinson helped create the Texas Access to Justice Foundation. Although no longer on the court, she is now board chair of the foundation she helped create.