The Texas Supreme Court has two cases set for oral argument on Tuesday, 12/3/13. The first is a defamation case between two businesses. The second is a mandamus case challenging the denial of a motion to dismiss based on forum non conveniens. Reproduced below is the advisory prepared by the Court's staff.
-- Scott Stolley, Thompson & Knight
Texas Supreme Court advisory
Contact: Osler McCarthy, staff attorney for public information
512.463.1441 or click for email
For Tuesday, December 3, 2013
TWO CASES SET FOR ARGUMENT TUESDAY
... 12-0824, Allstate Insurance Co. v. Michael Spellings et al.,
dismissed by petitioner
The Court will begin arguments at 9 a.m. in the Supreme Court Courtroom in
Austin. Link for live video webcasts courtesy of TexasBarCLE.com.
12-0522
Waste Management of Texas Inc. v. Texas Disposal Systems Landfill Inc.
from Travis County and the Third Court of Appeals, Austin
For petitioner: Robert M. (Randy) Roach, Houston
For respondent: John J. “Mike” McKetta III, Austin
The principal issues in this defamation case are (1) whether a for-profit company’s
reputation damages are economic damages for purposes of the statutory cap on
exemplary awards; (2) whether support was legally sufficient for a $5-million
reputation-damage award; and (3) whether that award violated First Amendment
restrictions on defamation damages. In this case Texas Disposal Systems sued
after a community “action alert” Waste Management anonymously issued while the
two companies were competing for waste-disposal and landfill contracts with
Austin and San Antonio. Texas Disposal alleged Waste Management falsely claimed
that Texas Disposal’s landfill did not protective against pollution as well as
other landfills. A jury found the alert’s statements deliberately false and
awarded $5 million to Texas Disposal for reputational damage and added $20
million for exemplary damages. But the trial court ruled the reputational
damages were non-economic damages and reduced the punitive award to $1.65 million,
following punitive-damage limits based on non-economic damage awards. The
appeals court affirmed.
Briefs
Court of appeals opinion
12-0957
In re Ford Motor Co.
from Hidalgo County and the 13th Court of Appeals, Corpus Christi/Edinburg
For relator: Gregory G. Garre, Washington, D.C.
For real parties in interest: Douglas A. Allison, Corpus Christ
Among issues in this effort to vacate a Texas trial setting on product-liability claims
from a rollover accident in Mexico are (1) whether the person killed in the accident
and his death beneficiaries are a “single plaintiff” under Texas Civil Practice
and Remedies Code section 71.051(h)(2) and (2) whether only
the decedent’s residence must be considered when determining the plaintiff’s
status as a legal Texas resident under section 71.051(e). In
this case Juan Tueme Mendez, the driver of a Ford Explorer in the accident that
killed his brother, Cesar Mendez, sued his brother’s estate administrator in a
Texas probate court where probate was filed. The administrator then sued Ford
and the tire manufacturer. The administrator, Cesar Mendez’s daughter, is a
U.S. citizen and Texas resident. Both Mendez brothers were Mexican citizens
with U.S. visas, although Ford and the administrator, together with Cesar’s
relatives who intervened, dispute whether Cesar was a Mexican resident. Two
relatives who intervened, another of Cesar’s daughters and her mother, are U.S.
citizens and Texas residents. The trial court denied Ford’s motion to dismiss,
arguing that the forum was inconvenient. Ford petitioned for mandamus relief,
but the court of appeals denied it.
NOTE: This advisory is for planning purposes only. Summaries are prepared
by the Court’s staff attorney for public information and reflect his judgment
alone on facts and legal issues and in no way represent the Court’s opinion
about case merits.
Comments