Scott P. Stolley 2016-12-22 12:06:48
In its 2015-2016 term, the Texas Supreme Court addressed various topics of general interest to Texas lawyers. Arbitration The court held in Cardwell v. Whataburger Rests. LLC that a court must address all defenses raised in opposition to arbitration. In RSL Funding, LLC v. Pippins, the court ruled that a party did not waive its right to compel arbitration as to some parties when it actively litigated with other parties who were not covered by the arbitration agreement. And in Hoskins v. Hoskins, the court held that the Texas General Arbitration Act lists the exclusive grounds for vacating an arbitration award. Attorney Disqualification The court held in In re RSR Corp. that In re Meador, rather than In re American Home Products Corp., supplies the factors for determining if counsel must be disqualified for having received confidential information from an opposing party’s former employee. Legal Malpractice In Stanfield v. Neubaum, the court held that judicial error can be a new and independent cause that relieves an attorney of malpractice liability. Insurance Coverage The court held in J&D Towing, LLC v. Am. Alternative Ins. Corp. that loss-of-use damages are available in addition to market value when personal property is totally destroyed. And in U.S. Metals, Inc. v. Liberty Mutual Group, Inc., the court held that mere incorporation of the insured’s defective component into a refinery was not “physical injury” under the insured’s liability policy. Dominant Jurisdiction In In re J.B. Hunt Transport, Inc., a trucking company filed the first lawsuit in Waller County, while the occupants of the other car later sued in Dallas County. The court held that the Waller County court had dominant jurisdiction. Personal Jurisdiction The court found specific personal jurisdiction in two different cases. In Cornerstone Healthcare Group Holding, Inc. v. Nautic Management VI, L.P., the defendants, through their own conduct when affiliated entities bought some Texas hospitals, purposefully availed themselves of doing business in Texas. And in TV Azteca v. Ruiz, some Mexican media companies that had actively operated in Texas were subject to Texas jurisdiction for a defamation claim arising from a television broadcast that emanated from Mexico. Healthcare Liability The court rejected arguments that hospital visitors’ slip-and-fall claims are covered by the Texas Medical Liability Act. See Galvan v. Mem’l Hermann Hosp. Sys. and Reddic v. E. Tex. Med. Ctr. Reg’l Health Cars Sys. Discovery The court held in In re DePinho that a pre-suit deposition under Texas Rule of Civil Procedure 202 is not available if the potential lawsuit is not ripe. And in In re H.E.B. Grocery Co., L.P., the court found error in denying an independent medical exam of the plaintiff. Grounds for New Trial The court held in In re Bent that one ground for a new trial was not supported by the record and the other grounds were not stated with sufficient specificity. Indemnity In Centerpoint Builders GP, LLC v. Trussway, Ltd., a general contractor, which had been sued by an injured worker, was not entitled to chapter 82 indemnity from a truss manufacturer. The court held that the general contractor was not a “seller” of the truss. Reasonably Equivalent Value In Janvey v. The Golf Channel, Inc., the court addressed “reasonably equivalent value” under the Texas Uniform Fraudulent Transfer Act, finding the requirement is met if the transferee provided a market-value performance in an arm’s-length transaction in the ordinary course of business. Value is to be determined objectively at the time of the transaction, not in hindsight. SCOTT P. STOLLEY practices at Stolley Law in Dallas. He is certified in civil appellate law by the Texas Board of Legal Specialization. Stolley is a member of the State Bar of Texas Board of Directors.
Published by State Bar of Texas. View All Articles.
This page can be found at http://mydigimag.rrd.com/article/Texas+Supreme+Court/2671651/370428/article.html.