February 19, 2016

February 19, 2016

This week the Texas Supreme Court issued no opinions but made four grants, two of which are of particular interest.

In re J.B. Hunt Transport, Inc. has been set for oral argument on March 9, 2016. Following a motor vehicle accident in Waller County, lawsuits seeking damages arising from the accident were filed by J.B. Hunt Transport in Waller County and by Williams and Arms in Dallas County. This case is appealed following the trial court's denial of Appellant's plea in abatement asserting that court in Waller County had dominant jurisdiction as the Waller County suit was filed first.

The issues presented are (1) whether the trial court abused its discretion by denying J.B. Hunt's plea in abatement when J.B. Hunt filed first in Waller County, (2) whether improper denial of the plea in abatement actively interfered with the jurisdiction of the Waller County court sufficient to justify mandamus relief, and (3) whether the balancing test of In re Prudential supersedes the active-interference test for mandamus relief in the context of improper denial of a plea of abatement.

Doctors Hospital at Renaissance Ltd, et al v. Jesus Jaime Andrade, et al. has been set for oral argument on March 10. This case arises from medical treatment provided by a physician at Doctors Hospital during the birth of the Plaintiffs' child. Doctors Hospital appeals the denial of its motion for summary judgment on the vicarious liability claim.

The issues presented are (1) whether a limited partnership that owns a hospital may be vicariously liable for the negligence of a physician because the doctor is a limited partner in the limited partnership and (2) whether the general partner of a limited partnership that owns a hospital may be vicariously liable for the negligence of a physician because the doctor is a limited partner in the limited partnership.