I got behind, and am just now reporting on the Texas Supreme Court's weekly orders for 6/22/12. The court issued six opinions and granted review in two cases. Click here to read the weekly order list. Click here to read the opinions.
Here are the six opinions:
1. Texas Mutual Ins. Co. v. Ruttinger -- This is an opinion on rehearing. The court stuck with its original holdings that (1) a workers-compensation claimant cannot bring a statutory bad-faith claim under the Insurance Code, but (2) can bring an Insurance Code claim for misrepresenting the terms of the policy, although there was no such evidence in this case. Regarding common-law bad faith, the court originally did not reach the issue whether such a cause of action exists, but on rehearing, the court overruled Aranda, and held that no such cause of action exists.
2. Freedom Commc'ns, Inc. v. Coronado -- Because the trial judge took a bribe to rule in this case, his summary-judgment order was void and there was no appellate jurisdiction to review the order.
3. Weeks Marine, Inc. v. Garza -- In this Jones Act case, the court held that there was no evidence that the employer's alleged failure to provide "maintenance and cure" aggravated the original injury.
4. El Apple I, Ltd. v. Olivas -- There was insufficient evidence to support a lodestar calculation of attorney's fees, where the award was based on generic affidavits from the attorneys, unaccompanied by time records or other documentation.
5. Paradigm Oil, Inc. v. Retamco Operating, Inc. -- The court held that it was an excessive sanction to preclude the defendant from contesting unliquidated damages.
6. Oncor Elec. Delivery Co., LLC . v. Dallas Area Rapid Transit -- The court held that an electric utility could proceed with efforts to obtain an easment for an electric transmission line above a railway authority's tracks.
The two cases in which the court granted review are:
1. Riemer v. State of Texas -- In a riverbed-boundary dispute, one issue is whether the plaintiffs adequately represented a purported class of landowners.
2. State of Texas v. $90,235 -- In this forfeiture action, there are issues about whether the State created a fact issue on probable cause and whether it was error when the motion for summary judgment was granted despite the motion not addressing one of the State's claims.
-- Scott Stolley, Thompson & Knight
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