In its weekly orders (6/15/12), the Texas Supreme Court issued one new opinion and granted review in two cases. Click here to read the order list.
The new opinion is in El Paso Marketing, L.P. v. Wolf Hollow I, L.P., which involves complaints by a power-plant operator about gas-supply interruptions and deliveries of contaminated gas. The court held that the plant operator's claims sound in contract and not tort, and that the contract exclusion for consequential damages precludes the operator's claim for plant repairs. But the operator's claim for buying replacement power asserted a "cover" type of damages that was not excluded by the exclusion for consequential damages.
Click here to read the opinion.
The two cases in which the court granted review are:
(1) Neely v. Wilson -- This is a defamation claim by a doctor against media defendants, who argue that they are not liable because the story was substantially true.
(2) Southern Crushed Concrete, LLC v. City of Houston -- This case involves the enforceability of a zoning ordinance.
-- Scott Stolley, Thompson & Knight
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