10.19.18

This week the Texas Supreme Court issued no opinions and three grants. Two of the cases on which the Court granted oral argument are of particular interest.

In International Business Machines Corp. v. Lufkin Industries LLC from the Tyler Court of Appeals the court is will consider claims for fraud and fraudulent inducement. The specific issues that the Court will address are: (1) whether reliance was clearly disclaimed even though there was contract language stating that exchanges between the two companies' staffs about project goals and objectives "is the basis of our understanding", (2) whether fraudulent-inducement damages preclude recovery for fraud, (3) whether Lufkin provided legally sufficient evidence to prove its damages, (4) whether Lufkin even suffered damages for contract breach, and (5) whether the incorporation of the clause limiting damages binds Lufkin. Oral arguments will be heard in this case on December 6, 2018.

Additionally, in PHI Inc. v. Texas Juvenile Justice Department from the Fort Worth Court of Appeals the Court will consider governmental immunity issues under the Texas Tort Claims Act in the context of a state-van-vs.-helicopter-ambulance accident. Specifically, the issues to be argued before the court include (1) whether damage caused by a van that is supposedly secured but then rolls into a helicopter is included in the Texas Tort Claims Act's immunity waiver for negligence involving a motor vehicle's operation or use and (2) whether vehicle maintenance falls under the operation or use immunity exception. For this case, oral argument is set on January 23, 2019.