Justia Texas Supreme Court Opinion Summaries

In this discovery dispute, the Supreme Court conditionally granted mandamus relief and ordered the trial court to vacate its order directing a relator to turn over his computer and other electronic devices for forensic examination.Marion Shipman partnered with Mark and Jamie Shelton in various real estate ventures. After their business dealings ceased, a bank sued the Sheltons. Jamie brought a third-party action against Shipman, alleging fraud and breaches of contract and fiduciary duty. Jamie sought to discover a variety of records regarding Shipman’s business dealings with the Sheltons. Dissatisfied with Shipman’s production, Jamie filed a motion to compel and then a second motion to compel, the motion at issue in this case. In his motion, Jamie asserted that Shipman may have destroyed material evidence in this case and asked that the trial court tcompel Shipman to turn over his computer for forensic inspection. The trial court ordered Shipman to product his computer and all “media” for forensic examination. The Supreme Court held that the trial court abused its discretion in ordering Shipman to produce for forensic examination all his electronically stored files of every kind, whether business or personal, and regardless of whether they were related to the issues in the lawsuit, for seventeen years. View "In re Marion Shipman" on Justia Law

A client’s communications with his registered patent agent, made to facilitate the agent’s provision of authorized legal services to the client, are privileged under Tex. R. Evid. 503.Andrew Silver brought a breach of contract action against Tabletop Media, LLC, alleging that it failed to pay him for his patent. During discovery, Tabletop sought production of emails between Silver and Raffi Gostanian, the patent agent who represented Silver before the United States Patent and Trademark Office. Silver refused to produce the emails, asserting that they were covered by the lawyer-client privilege. The trial court granted Tabletop’s motion to compel production. Thereafter, Silver sought mandamus relief. The court of appeals denied relief. The Supreme Court conditionally granted mandamus relief, holding that, under certain circumstances, the existing lawyer-client privilege extends to communications between a registered patent agent and the agent’s client. View "In re Andrew Silver" on Justia Law

A client’s communications with his registered patent agent, made to facilitate the agent’s provision of authorized legal services to the client, are privileged under Tex. R. Evid. 503.Andrew Silver brought a breach of contract action against Tabletop Media, LLC, alleging that it failed to pay him for his patent. During discovery, Tabletop sought production of emails between Silver and Raffi Gostanian, the patent agent who represented Silver before the United States Patent and Trademark Office. Silver refused to produce the emails, asserting that they were covered by the lawyer-client privilege. The trial court granted Tabletop’s motion to compel production. Thereafter, Silver sought mandamus relief. The court of appeals denied relief. The Supreme Court conditionally granted mandamus relief, holding that, under certain circumstances, the existing lawyer-client privilege extends to communications between a registered patent agent and the agent’s client. View "In re Andrew Silver" on Justia Law

The limitations on mental anguish damages do not require a contractual relationship between the plaintiff and defendant before mental anguish damages can be recovered for mishandling a corpse.Cody Nelson sued SCI Texas Funeral Services, Inc. for negligence in proceeding with the cremation of his mother’s body without his authorization, claiming mental anguish damages for having been denied the opportunity to pay his last respects to his mother. The siblings of Nelson’s mother signed an authorization for SCI to arrange an expedited cremation during Nelson’s absence. The trial court rendered judgment for SCI, concluding that because SCI did not contract with Nelson, it could not be liable to him for mental anguish damages. The court of appeals reversed, concluding that SCI and Nelson had a special relationships without being in contractual privity. The Supreme Court affirmed, holding that Texas common law requires a special relationship, and not necessarily a contractual one, as the basis for mental anguish damages when the defendant had negligently mishandled a corpse. View "SCI Texas Funeral Services, Inc. v. Nelson" on Justia Law

Both Bernard Morello and White Lion Holdings, LLC could be assessed civil penalties under the Texas Water Code for actions that Morello performed as an employee of White Lion.The court of appeals reversed the judgment of the trial court, holding that because the State failed to establish that Morello could be held individually liable as a matter of law for the alleged violations, the trial court erred in granting summary judgment for the State. The Supreme Court reversed the judgment of the court of appeals and reinstated that of the trial court, holding (1) Morello was a “person” subject to penalties under the Water Code individually; (2) the court of appeals had jurisdiction over Morello’s appeal; and (3) the penalties assessed against Morello were not unconstitutional. View "State v. Morello" on Justia Law

Both Bernard Morello and White Lion Holdings, LLC could be assessed civil penalties under the Texas Water Code for actions that Morello performed as an employee of White Lion.The court of appeals reversed the judgment of the trial court, holding that because the State failed to establish that Morello could be held individually liable as a matter of law for the alleged violations, the trial court erred in granting summary judgment for the State. The Supreme Court reversed the judgment of the court of appeals and reinstated that of the trial court, holding (1) Morello was a “person” subject to penalties under the Water Code individually; (2) the court of appeals had jurisdiction over Morello’s appeal; and (3) the penalties assessed against Morello were not unconstitutional. View "State v. Morello" on Justia Law

In this, the second arising out of a 2014 judgment, the Supreme Court reversed the order of the court of appeals concluding that it lacked jurisdiction, holding that the order was a final appealable order.In the first appeal, Appellant posted a supersedes bond. The appeal was unsuccessful, and the trial court ordered Appellant and his surety to pay the full amount of the bond to Appellees. Appellant appealed from that order. The court of appeals dismissed the appeal, concluding that the payment order was not a final order, and therefore, the court lacked jurisdiction. The Supreme Court reversed, holding that the order was a final appealable order. View "McFadin v. Broadway Coffee House, LLC" on Justia Law

The trial court abused its discretion in concluding that Plaintiff’s expert report did not represent a good-faith effort to meet the requirements of the Texas Medical Liability Act and in dismissing Plaintiff’s health care liability claims.Plaintiff sued Defendants, a certified registered nurse anesthetist and his employer, asserting medical malpractice claims relating to the nurse’s administration before cataract surgery. The trial court granted Defendants’ motion to dismiss, finding that Plaintiff’s expert report was deficient with respect to the elements of standards of care, breach of standards of care, and causation. The court of appeals affirmed. The Supreme Court reversed, holding that the report satisfied the good faith effort the Act requires. View "Baty v. Futrell" on Justia Law

The pro-forma provision in the tariff in this case, which set the rates and terms for a utility’s relationship with its retail customers, did not conflict with a prior franchise agreement, which reflected the common law rule requiring utilities to pay public right-of-way relocation costs, or the common law, and the franchise agreement controlled as to the relocation costs at issue.At issue was whether the City of Richardson or Oncor Electric Delivery Company must pay relocation costs to accommodate changes to public rights-of-way. The City negotiated a franchise agreement with Oncor requiring Oncor to bear the costs of relocating its equipment and facilities to accommodate changes to public rights-of-way, but Oncor refused to pay such costs. While the relocation dispute was pending, Oncor filed a case with the Public Utility Commission (PUC) seeking to alter its rates. The case was settled, and the resulting rate change was filed as a tariff with the PUC. The City enacted an ordinance consistent with the tariff, which included the pro-forma provision at issue. The Supreme Court held that the provision in the tariff did not conflict with the franchise contract’s requirement that Oncor pay the right-of-way relocation costs at issue. View "City of Richardson v. Oncor Electric Delivery Co." on Justia Law

In this slip-and-fall case, the Supreme Court reversed the judgment of the court of appeals affirming the trial court’s judgment in favor of Plaintiff and rendered a take-nothing judgment in favor of Defendant. The court held (1) Plaintiff’s claim submitted to the jury under a general-negligence theory of recovery was properly characterized as one for premises liability, and Plaintiff’s failure to request or secure findings to support his premises liability claim could not support a recovery; and (2) Defendant was under no obligation to object to Plaintiff’s submission of an improper theory of recovery, and Defendant preserved its improper theory argument by raising it in a motion for judgment notwithstanding the verdict. View "United Scaffolding, Inc. v. Levine" on Justia Law