10.08.19

October 7, 2019

This week the Texas Supreme Court issued 7 grants, several of which will address issues of particular interest.

On January 8, 2020, the Court will hear oral arguments in Frank Luciano and Helen Lucianov. Sprayfoampolymers.com LLC from Travis County and the Austin Court of Appeals. In this specific-jurisdiction case the Court will address three main issues. First, the Court will determine whether the company's contract sales representative's online LinkedIn profile, which was admitted to show his relationship to the defendant, should be inadmissible hearsay. Second, the Court will evaluate whether the court of appeals erred in its interpretation of Bristol-Meyers Squibb Co. v. Superior Court and its determination that specific jurisdiction did not exist. Third, the Court will determine whether the court of appeals erred by failing to analyze a "stream-of-commerce-plus" theory to find the Court did not have specific jurisdiction.

Also, on January 8, 2020, the Court will hear oral arguments in Credit Suisse AG Cayman Islands Branch v. Claymore Holdings LLC from Dallas County and the Dallas Court of Appeals. In this case, the Court will consider three separate issues: (1) whether contract disclaimers bar liability for an alleged fraudulent real property appraisal, (2) whether contract-reliance disclaimers bar the ruling that Credit Suisse fraudulently induced Claymore Holdings; (3) whether the lower courts erred in entering and upholding a judgment of more than $211 million in rescission damages.

On January 9, 2020, the Court will hear oral arguments in a premises-liability case arising from a Brown Recluse-spider bite in Homer Hillis v. Henry McCall from Gillespie County and the San Antonio Court of Appeals. In particular, the Court will consider whether the doctrine of farae naturae protects a property owner from an invitee's claim that the owner had a duty to warn of the existence of dangerous spiders on the premises.

On January 28, 2020, the Court will entertain oral arguments on whether an appellate court lacked authority to consider an order denying arbitration in the absence of an interlocutory appeal challenges such denial in Bonsmara Natural Beef Co. v. Hart of Texas Cattle Feeders LLC et al. from Castro County and the Amarillo Court of Appeals.