Due to the holidays, the Texas Supreme Court will not be releasing any new opinions for the next two weeks. Friday Court opinions and our weekly updates will resume on January 8, 2015. Merry Christmas and Happy New Year!
Year: 2015
Texas Supreme Court Weekly Update December 18, 2015
This week, the Supreme Court of Texas issued no opinions, but did grant oral arguments in six cases. One of these cases is of particular importance to the interpretation of the term “contractor” under Chapter 95 of the Texas Civil Practices and Remedies Code....
Texas Supreme Court Weekly Update December 11, 2015
This week, the Texas Supreme Court released no new opinions. Check back with us next Friday to see if the Texas Supreme Court releases any new opinions.
To Compete or Not to Compete: Enforcing Non-Compete Clauses in Texas
The Covenants Not to Compete Act (the "Act") governs the enforceability of non-competition and non-solicitation agreements. To be enforceable under the Act, an agreement must (1) be ancillary to an otherwise enforceable agreement at the time the agreement is made and...
Don’t Fall, This Fall
The Case Austin v. Kroger Texas, L.P., 465 S.W.3d 193 (Tex. 2015). Background Kroger, a non-subscriber to the Texas Workers' Compensation plan, was the employer of Plaintiff, Randy Austin. In the process of power-washing the condenser units on the store's roof, an...
Texas Supreme Court Weekly Update November 20, 2015
This week, the Supreme Court of Texas issued no opinions, but did grant oral arguments in six cases. Two of these cases are of particular importance. Elmgren v. Ideos USA, LLC (Cause No. 14-0507) In this case, defendants Ineos USA, LLC and Jonathan Pavlovsky appeal a decision by the Court of Appeals for the 14th District in Houston which held…
Texas Supreme Court Weekly Update October 30, 2015
This week, the Supreme Court of Texas issued three per curiam opinions. One of these, relating to health care liability claims under the Texas Medical Liability Act, is of particular significance. In Reddic v. East Texas Medical Center Regional Health Care System, the Plaintiff-a non-patient hospital visitor-filed suit against the Defendant hospital on the basis of premises liability for injuries…
Court Gets Teed Off at Golf-Cart Spoliation
The Case Repass v. Rosewood Hotels & Resorts, L.L.C., No. 3:14-CV-1054- M (N.D. Tex. Oct. 16, 2015). Background During her visit to a Rosewood Hotels & Resorts' ("Defendant") property in Antigua in September of 2012, Christine Repass ("Plaintiff")...
Texas Supreme Court Weekly Update October 9, 2015
This week, the Supreme Court of Texas set six cases for oral argument. We review each of these orders in this week’s edition of the Texas Supreme Court Update. The State of Texas v. One (1) 2004 Lincoln Navigator; Case 14-0692: Police arrested Miguel Herrera after discovering a firearm in Herrera’s 2004 Lincoln Navigator, which the police subsequently seized. The…
Inadvertent Liability after a “Tow”-tal Loss
The Case Canal Ins. Co. v. Hopkins, 238 S.W.3d 549 (Tex. App.-Tyler 2007, no pet.). Background The driver/lessee of a tractor/trailer rig, Henry Sweeney, was involved in an accident where he drove off the road into a ditch. The rig rolled over and could not be driven...