Since being signed into law just five years ago, the Patient Protection and Affordable Care Act (referred to as the Affordable Care Act or "ObamaCare") has been a hotly contested issue across the nation and its precise application has been subject to interpretation....
Month: March 2015
Texas Supreme Court Weekly Update March 27, 2015
This week, the Court, while hearing oral arguments, also released one new opinion related to foreclosure litigation. PlainsCapital Bank v. Martin, Case 13-0337 http://www.txcourts.gov/media/916487/130337.pdf Borrower, a builder, defaulted on a construction loan with PlainsCapital, who held a contractual deed of trust lien on the property secured by the note. At the foreclosure sale, PlainsCapital bought the property at a price…
Texas Supreme Court Weekly Update March 20, 2015
This week the Supreme Court of Texas released 8 new opinions on a variety of topics of interests in Texas jurisprudence. Two of these cases involve issues well beyond the scope of our litigation practice (including a case involving issues under the Houston Municipal Employees Pension System Plan and defining rights under the Texas Water Code), and they are not…
All you gotta do is say “uncontroverted 18.001 affidavit”?
The Case: Gracia v. Davis, 2014 Tex. App. LEXIS 1718 (Tex. App.-Dallas Feb. 13, 2014, pet. denied) Brief Facts: In May of 2008 Jesus Gracia rear-ended Curtis Davis. Prior to trial, Mr. Davis submitted 18.001 affidavits stating that he incurred $17,400.00 in past...
Texas Supreme Court Weekly Update March 13, 2015
After meeting in conference this week on Tuesday and Wednesday, the Supreme Court of Texas did not release any new opinions. However, the Court did grant 4 petitions for review covering a variety of topics of interest to litigators, insurers, and property owners. The Court did not set the cases discussed below for oral arguments. Seger v. Yorkshire Ins. Co.,…
Texas Supreme Court Weekly Update March 6, 2015
Today, the Texas Supreme Court released 4 opinions and accepted a certified question from the U.S. Court of Appeals for the Fifth Circuit related to issues of punitive damages. KCM Financial LLC et al v. Bradshaw; Case No. 13-0199 http://www.txcourts.gov/media/885307/130199.pdf In the present case, which involves an oil and gas lease on nearly two-thousand acres of land in north Texas,…
The Equalizer is Always the Last Resort
Wackenhut Corp. v. Gutierrez, --S.W.3d--, Lexis ________, Case No. 12-0135 (Tex. Feb. 6, 2015) In Wackenhut Corp. v. Gutierrez, the Texas Supreme Court, in a per curiam decision without argument, gave additional guidance on the application of the Court's new approach...