This week, the Texas Supreme Court released one opinion dealing with the standing of a shareholder of a closely held corporation to bring a derivative lawsuit under Texas law. Sneed v. Webre, Case No. 12-0045: http://www.txcourts.gov/media/989197/120045.pdf In this case, the Court was asked whether a shareholder in a parent company of a Texas closely held corporation had standing to pursue…
Month: May 2015
Texas Supreme Court Weekly Update May 22, 2015
This week, the Texas Supreme Court released one new opinion discussing application of the medical peer review committee and medical committee privileges. This is the first time the Court examined the exception to the privileges and is of utmost importance to those of us that represent hospitals, doctors, and other medical services providers that conduct or are subjects of peer…
Texas Supreme Court Weekly Update May 15, 2015
Today, the Texas Supreme Court issued one new opinion providing guidance on a defendant’s immunity under a defamation cause of action when it voluntarily assisted in a criminal investigation. Shell Oil Company v. Writt, Case No. 13-0552: http://www.txcourts.gov/media/978884/130552.pdf A Shell contractor entered a guilty plea in a Foreign Corrupt Practices Act (FCPA) criminal case. The U.S. Department of Justice then…
It is What it Is . . .
The Case: Schultz v. Lester, 2011 Tex. App. LEXIS 5866 (Tex. App.-Dallas Jul. 29, 2011, no pet.) Brief Facts: Melvin Lester was traveling in a commercial vehicle on Interstate 30 in wet and cold weather conditions. Ahead of him and to his right was a...
Texas Supreme Court Weekly Update May 8, 2015
Greetings, Today the Texas Supreme Court released 13 opinions in a variety of subject matters. We will discuss 11 of the opinions. However, there was a family law opinion and a free speech opinion that will not be discussed below. Phillips v. Carlton Energy Group, LLC, Case No. 12-0255: http://www.txcourts.gov/media/962835/120255.pdf The Court clarified what “reasonable certainty” means when presenting evidence…
A Distinct Dilemma: The Effect of the Affordable Care Act on Calculating Future Medical Expenses (Part 2 of 3)
In a previous post, we discussed emerging issues relating to the calculation of future medical expenses under the Affordable Care Act - specifically, how the ACA could alter the common law collateral source rule and completely change how future medical damages are...
Texas Supreme Court Weekly Update May 01, 2015
Greetings, Happy Law Day! This week, the Texas Supreme Court released one opinion. It also granted 2 new Petitions for Review. We discuss each briefly below: Ross v. St. Luke’s Episcopal Hospital, Case No. 13-0439: http://www.txcourts.gov/media/951862/130439.pdf This case involves a premises liability claim involving a slip and fall by Plaintiff, who slipped on a recently buffed area of floor while…