Justia Texas Supreme Court Opinion Summaries

The Supreme Court denied mandamus relief in this action considering whether an electric utility may compel a plaintiff who alleges a common law personal injury claim to appear before the Public Utility Commission before appearing in court, holding that the Commission may not do so unless the claim complains about the utility's rates or its provision of electrical service.This was a personal injury claim against a utility arising under duties at common law and consumer protection statutes. Plaintiff alleged well-settled elements of a negligence claim, but his allegations did not rely on a utility acting in its regulated capacity, nor on a disruption of or failure to provide electrical service. At issue was whether the action was a regulatory action within the auspices of the Commission. The Supreme Court denied the utility's petition for writ of mandamus asking the trial court to abate the case to require Plaintiff to exhaust his administrative remedies before the Commission, holding that this action was not a regulatory action within the auspices of the Commission. View "In re Oncor Electric Delivery Co., LLC" on Justia Law

The Supreme Court denied a petition for writ of mandamus sought by Texas-New Mexico Power Co. (TNM) in this negligence action, holding that Plaintiffs' claim was not one within the Public Utility Commission's (PUC) exclusive original jurisdiction because it was not about TNM's operations and services as a utility.Plaintiffs, a larger number of homeowners near the Junemann Bayou and Las Marque, sued TNM, their electric utility, for damages due to flooding during Hurricane Harvey, alleging that TNM was negligent in not requiring its contractor to secure wooden mats to the ground during a construction project. The trial court denied TNM's motion to dismiss for lack of subject matter jurisdiction, and TNM petitioned for mandamus relief. The Supreme Court denied the petition, holding that the PUC's exclusive original jurisdiction did not extend to the issues underlying this tort claim. View "In re Texas-New Mexico Power Co." on Justia Law

The Supreme Court affirmed the judgment of the court of appeals concluding that Plaintiff's claim that his employer failed to reasonably accommodate his disability was viable and that Plaintiff did not meet the elements required for a retaliation claim but reversed the court of appeals' judgment that Plaintiff did not plead a disability-discrimination claim under Tex. Lab. Code 21.051, holding that Plaintiff's pleadings gave fair notice of a claim for discrimination under section 21.051.After Plaintiff exhausted his five months of sick leave while recovering from surgery the Texas Department of Transportation (TxDOT) terminated him. Plaintiff sued under the Texas Commission on Human Rights Act (TCHRA). TxDOT filed a motion to dismiss, which the trial court denied. The court of appeals affirmed in part and reversed in part, holding (1) Plaintiff raised a genuine issue of material fact with respect to his failure to accommodate claim; (2) Plaintiff could not make a prima facie case of retaliation; and (3) Plaintiff's pleadings gave fair notice of a claim for discrimination under section 21.051. View "Texas Department of Transportation v. Lara" on Justia Law

The Supreme Court conditionally granted Academy Sports + Outdoors' petition for writ of mandamus arguing that the federal Protection of Lawful Commerce in Arms Act (PLCAA) required dismissal of the underlying suits, holding that the PLCAA barred the lawsuits and protected Academy from continued participation in litigation.Plaintiffs - victims of the 2017 Sutherland Springs church shooting and their families - brought lawsuits against the retailer from which the perpetrator purchased the weapon used in the shooting. Academy filed a motion for summary judgment, arguing that the PLCAA barred Plaintiffs' suits. The trial court denied the motion. Academy then filed a petition for writ of mandamus. The Supreme Court granted mandamus relief, holding (1) summary judgment was wrongly denied because the underlying lawsuits were qualified civil liability actions that the PLCAA barred as a matter of law; and (2) Academy, who was entitled to summary judgment, lacked an adequate remedy on appeal. View "In re Academy, Ltd." on Justia Law

The Supreme Court reversed the decision of the court of appeals affirming the judgment of the trial court against Employer on Employee's claim of retaliation based on the jury's finding that Employer discharged Employee for complaining in an email of gender discrimination, holding that there was no evidence that but for Employee's complaining of gender discrimination in her email she would not have been terminated when she was.At issue in this case was whether the standard of proof has been met when an employee claims that but for his protected conduct, his employer's prohibited retaliatory conduct would not have occurred when it did. Here, the Supreme Court explained the role that several factors play in applying the causation standard when the evidence shows that the employer took action against the employee for a legitimate reason unrelated to the employee's protected conduct. The Supreme Court ultimately rendered judgment for Employer, holding that there was no evidence to support the jury's finding that but for Employee's complaint of gender discrimination in her email Employer would not have terminated her employment when it did. View "Apache Corp. v. Davis" on Justia Law

The Supreme Court reversed the judgment of the court of appeals reversing the trial court's denial of SprayFoamPolymers.com LLC's special appearance contesting personal jurisdiction, holding that the court of appeals erred in dismissing SprayFoam from Plaintiffs' suit for lack of jurisdiction.Plaintiffs built a home in Texas, purchased spray foam insulation services from a Texas-based installation company, and suffered injuries in Texas allegedly arising from the insulation. Plaintiffs sued several defendants, parties in the chain of distribution, seeking to hold them liable for their alleged injuries. SprayFoam, the manufacturer of the insulation, filed a special appearance contesting personal jurisdiction. The trial court denied the special appearance. The court of appeals reversed, concluding that Plaintiffs failed to establish either general or specific personal jurisdiction over SprayFoam. The Supreme Court affirmed, holding that SprayFoam had sufficient minimum contact with Texas such that the exercise of specific jurisdiction over SprayFoam will not offend traditional notions of fair play and substantial justice. View "Luciano v. SprayFoamPolymers.com, LLC" on Justia Law

The Supreme Court granted in part mandamus relief sought by an insurance carrier from the trial court's order compelling the deposition of the carrier's corporate representative, holding that, under the circumstances, the insured was entitled to depose the carrier's corporate representative on certain matters, but some of the noticed deposition topics exceeded the narrow permissible scope of such a deposition.Frank Wearden, the insured, was involved in an accident and sued USAA General Indemnity, the insurance carrier, for breach of contract and a declaratory judgment seeking to recover benefits under his policy's uninsured/underinsured motorist provisions. Wearden served a notice of intent to take the oral deposition of a USAA corporate representative, listing certain areas the deposition would cover. USAA filed a motion to quash the deposition notice. The trial court denied the motion. The Supreme Court granted mandamus relief, holding (1) the discovery rules did not categorically prohibit the deposition of USAA's corporate representative; (2) the proper subject matter of the deposition is limited to the issues in dispute and may not intrude into matters that are privileged or are beyond the scope of those issues; and (3) with respect to Wearden's deposition topics exceeding that proper scope, the trial court abused its discretion in denying USAA's motion to quash. View "In re USAA General Indemnity Co." on Justia Law

The Supreme Court reversed the judgment of the court of appeals concluding that 42 U.S.C. 1983 preempted the expert report requirement in the Texas Medical Liability Act (TMLA), set forth in Chapter 74 Texas Civil Practice and Remedies Code, holding that the court of appeals erred in this respect.The claims in this case were asserted against a state mental health facility and its employees arising from the death of a patient. The claims were pleaded as claims under 42 U.S.C. 1983. In response, Defendants asserted that Plaintiff's claims were healthcare liability claims subject to the requirements of the TMLA. Defendants then moved to dismiss the claims for failure to serve an expert report under section 74.351(b). The trial court denied the motion to dismiss. The court of appeals affirmed, holding that all of Plaintiff's claims were healthcare liability claims but that section 1983 preempted the expert report requirement of the TMLA. The Supreme Court reversed in part, holding (1) the court of appeals correctly determined that all of the causes of action Plaintiff asserted were healthcare liability claims under the TMLA; but (2) section 1983 does not preempt the TMLA's expert report requirement, and the court of appeals erred in holding otherwise. View "Rogers v. Bagley" on Justia Law

The Supreme Court reversed the decision of the court of appeals affirming the judgment of the trial court concluding that service on WWLC Investment, LP by Sorab Miraki was not defective, holding that WWLC met its burden to prove lack of proper service.After WWLC had Miraki evicted, Miraki sued for breach of lease, fraud, and violations of the Texas Deceptive Trade Practices Act, Tex. Bus. & Com. Code ch. 17. Miraki accomplished substituted service by attaching a copy of the petition and citation to the front door of the home of an WWLC employee. When WWLC did not answer, Miraki took a default judgment against it. The court of appeals concluded that the trial court did not abuse its discretion in finding that service on WWLC was not defective. The Supreme Court reversed, holding that WWLC demonstrated that it was not properly served. View "WWLC Investment, LP v. Miraki" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals concluding that "a governmental unit's copyright infringement is not a taking" and that, therefore, the trial court erred in denying a plea to the jurisdiction, holding that the violation of a copyright, without more, is not a taking of the copyright.Plaintiff, a professional photographer, sued the University of Houston, alleging that the University's publication of his photograph was an unlawful taking. The University filed a plea to the jurisdiction, asserting immunity under the doctrine of sovereign immunity. After the trial court denied the plea, the University brought this interlocutory appeal. The court of appeals vacated the trial court's order denying the plea and dismissed the cause for lack of subject matter jurisdiction, holding that a governmental unit's copyright infringement is not a taking. The Supreme Court affirmed, holding (1) factual allegations of an infringement do not alone allege a taking; and (2) the court of appeals did not err in sustaining the jurisdictional plea and dismissing the case because the State retained its immunity in the absence of a properly pled takings claim. View "Jim Olive Photography v. University of Houston System" on Justia Law