Justia Civil Procedure Opinion Summaries

Barrie Myers was seriously injured in an automobile crash shortly after midnight on November 30, 2018. Nasar Khan, who had been drinking at Cadot Restaurant in Dallas, rear-ended Myers’s vehicle. Khan’s blood alcohol content (BAC) was 0.139, well above the legal limit. The record, however, leaves many facts about the evening unclear, including how much alcohol Khan consumed and how long he was at the restaurant and Jones’s home before the crash.The trial court granted summary judgment in favor of Cadot Restaurant, concluding that Myers produced no evidence to establish that it was apparent to Cadot that Khan was obviously intoxicated to the extent that he presented a clear danger when served. The Court of Appeals for the Fifth District of Texas reversed, holding that a fact issue existed based on Khan’s deposition concessions about his appearance and demeanor at Cadot.The Supreme Court of Texas reviewed the case and agreed with the trial court. The court held that the evidence presented by Myers required impermissible inferences upon inferences to establish how Khan may have appeared when served. The court emphasized that the Texas Dram Shop Act requires proof that it was apparent to the provider that the customer was obviously intoxicated to the extent that he presented a clear danger. The court found that the circumstantial evidence, including Khan’s BAC and expert testimony, was insufficient to establish this fact. The court also concluded that the trial court did not abuse its discretion in denying Myers’s motion for continuance. Consequently, the Supreme Court of Texas reversed the Court of Appeals’ judgment and reinstated the trial court’s summary judgment in favor of Cadot. View "Raoger Corp. v. Myers" on Justia Law

The Texas Department of Family and Protective Services filed a petition in September 2022 for temporary orders requiring the parents to participate in state-provided services for their child's safety. The trial court granted these temporary orders. In August 2023, the Department filed a petition to terminate the parents' rights and obtain conservatorship of the child. The parents responded with motions for sanctions, claiming the Department's actions were frivolous. The Department then moved to nonsuit its claims. The trial court expressed frustration but granted the nonsuit and planned a separate hearing for the sanctions motions.The trial court signed an order on August 21, 2023, dismissing the Department's claims and removing the case from the docket. However, the court later consolidated the cases and held a hearing on the sanctions motions, ultimately granting them and ordering the Department to pay the parents' attorney's fees. The Department appealed the sanctions order. The Court of Appeals for the Fifth District of Texas vacated the sanctions order, deeming it void because the trial court's dismissal order was considered final, thus ending the court's plenary power before the sanctions order was issued.The Supreme Court of Texas reviewed the case and disagreed with the appellate court's conclusion. The Supreme Court held that the trial court's dismissal order was not a final judgment as it did not clearly and unequivocally dispose of all claims and parties. Therefore, the trial court retained its plenary power when it issued the sanctions order. The Supreme Court reversed the appellate court's judgment vacating the sanctions order, dismissed the appeal, and remanded the case to the trial court for further proceedings. View "In re C.K.M." on Justia Law

Two business partners, Anthony Bertucci and Eugene Watkins, developed low-income housing projects through various entities. Bertucci provided funding, while Watkins managed the projects. Watkins managed the entities' funds through a separate account, which led to concerns about mismanagement and personal use of funds. After Bertucci's health declined, his son Christopher, acting under power of attorney, discovered potential mismanagement and removed Watkins from his roles. This led to a legal dispute involving claims of breach of fiduciary duty and other violations.The probate court granted summary judgment in favor of Watkins on all claims. Bertucci, represented by his son Christopher as executor of his estate, appealed. The Court of Appeals for the Third District of Texas reversed the summary judgment on some claims, finding fact issues regarding fiduciary duties and limitations, but affirmed the judgment on the derivative claims, concluding that Bertucci failed to adequately brief those claims.The Supreme Court of Texas reviewed the case and held that the Court of Appeals erred in concluding that Bertucci waived his appeal on the derivative claims due to inadequate briefing. The Supreme Court also found that the Court of Appeals erred in holding that fact issues precluded summary judgment on Bertucci's individual breach-of-fiduciary-duty claims. However, the Supreme Court agreed with the Court of Appeals that fact issues precluded summary judgment on Watkins's limitations defense and correctly resolved disputes regarding an expert report and the Dead Man's Rule. The Supreme Court reinstated the probate court's summary judgment on the individual breach-of-fiduciary-duty claims and remanded the case to the Court of Appeals to address the derivative claims. View "Bertucci v. Watkins" on Justia Law

Jane Roe, a student at Southwestern Baptist Theological Seminary, reported to President Paige Patterson that she had been sexually assaulted by a fellow student, John Doe. Patterson notified the police, and Doe was expelled for violating the campus firearms policy. Later, Patterson was removed from his position by the university's board, partly due to his handling of Roe's complaint. In response, a group of donors published a letter accusing Roe of lying about the assault and claiming the encounters were consensual. Roe sued Patterson and the university for defamation, alleging that Patterson's agent provided the defamatory content for the letter.The federal district court granted summary judgment in favor of Patterson, concluding that Colter, Patterson's chief of staff, had not acted as Patterson's agent in drafting the letter. On appeal, the Fifth Circuit found that there was a fact issue regarding Colter's agency and certified two questions to the Supreme Court of Texas.The Supreme Court of Texas held that a person who supplies defamatory material to another for publication can be liable if they intend or know that the material will be published. Additionally, a defamation plaintiff can survive summary judgment without identifying specific statements made by the defendant if the evidence is legally sufficient to support a finding that the defendant was the source of the defamatory content. The court emphasized that the plaintiff must show that the defendant was the source of the defamatory statements through direct or circumstantial evidence, but need not provide verbatim evidence of the underlying communication. The case was remanded to the Fifth Circuit for further proceedings consistent with these holdings. View "ROE v. PATTERSON" on Justia Law

A human trafficker victimized Jane Doe, grooming her through Facebook, which lacked sufficient guardrails for minors. The trafficker convinced Doe to meet in person and advertised her for prostitution on Backpage, leading to her sexual assault at the Texas Pearl Hotel in Houston. Doe sued Facebook and Texas Pearl for violations of Civil Practice and Remedies Code Chapter 98, which imposes civil liability on those who benefit from human trafficking.The MDL pretrial court denied Facebook’s motion to remand the case, and the MDL panel upheld this decision. Facebook argued that its case had no common fact questions with the MDL cases, which involved different defendants, plaintiffs, and incidents. The MDL cases named various hotels and Salesforce as defendants, alleging they facilitated human trafficking through their services. Facebook contended that the lack of common parties or events meant there were no shared fact questions.The Supreme Court of Texas reviewed the case and agreed with Facebook. The court held that the tag-along case did not share any common fact questions with the MDL cases. The MDL cases involved different defendants, criminal perpetrators, and incidents, and there was no connection through common parties or events. The court concluded that general patterns of criminal activity by different perpetrators do not create the required common fact question for MDL inclusion. Consequently, the court conditionally granted mandamus relief and directed the MDL panel to remand the tag-along case to its original trial court. View "IN RE JANE DOE CASES" on Justia Law

Houston Police Department Officers Richard Corral and C. Goodman were involved in a high-speed chase of a suspect who had solicited an undercover detective and fled in a stolen vehicle. During the pursuit, Corral's patrol car hit a curb and collided with a pickup truck driven by Ruben Rodriguez and Frederick Okon. Corral claimed the accident occurred because his brakes did not stop him in time. Rodriguez and Okon sued the City of Houston, alleging Corral's negligent driving caused their injuries.The trial court denied the City’s motion for summary judgment, which argued that Corral was protected by official immunity because he acted in good faith and that the emergency exception to the Tort Claims Act applied. The Court of Appeals for the Fourteenth District of Texas affirmed, holding that a fact issue existed regarding whether Corral knew his brakes were not functioning properly, which precluded summary judgment.The Supreme Court of Texas reviewed the case and concluded that Corral acted in good faith as a matter of law. The Court found that Corral's statement about the brakes not working did not reasonably support an inference that he had prior awareness of any defect. The Court emphasized that the summary-judgment evidence showed Corral's brakes were functional but did not stop him in time. The Court also held that the City conclusively established Corral's good faith in making the turn during the pursuit, and the plaintiffs failed to raise a fact issue to controvert this proof.The Supreme Court of Texas reversed the Court of Appeals' judgment and rendered judgment dismissing the case, holding that the City’s governmental immunity was not waived under the Tort Claims Act because Corral was protected by official immunity. View "CITY OF HOUSTON v. RODRIGUEZ" on Justia Law

A client sued its lawyer for legal malpractice after losing a case. The client had previously been sued for fraud and lost, resulting in a significant judgment against it. The client then assigned its malpractice claim against its lawyer to the opposing party in the fraud case, hoping to share in any recovery. However, the court had previously held that such assignments are generally not allowed because they can lead to a reversal of positions that is demeaning to the justice system.In the lower courts, the trial court found the lawyer negligent but not grossly negligent, and the jury awarded damages to the client. The court of appeals affirmed the trial court's decision that the client could pursue its own malpractice claim but reversed the directed verdict on gross negligence, remanding the case for a new trial. In the second trial, the jury again found the lawyer negligent and grossly negligent, awarding significant damages. The court of appeals reversed the judgment due to an improper jury instruction and remanded for a third trial.The Supreme Court of Texas reviewed the case and held that the client could pursue its own malpractice claim despite the arrangement with the opposing party. The court found that while there was evidence of the lawyer's negligence, the evidence that the lawyer's negligence was the sole cause of the fraud judgment was conclusory. The court also held that there was no evidence of gross negligence. Therefore, the court affirmed the remand for a new trial on negligence but reversed the judgment on gross negligence, rendering a take-nothing judgment on that claim. View "HENRY S. MILLER COMMERCIAL COMPANY v. NEWSOM, TERRY & NEWSOM, LLP" on Justia Law

Several homeowners sued an irrigation district, claiming that the district's refusal to remove over twenty-year-old charges from the tax rolls was an ultra vires act, violating the Tax Code's twenty-year limitations period. The district argued that the charges were Water Code assessments, not taxes, and thus not subject to the limitations period.The trial court granted the district officials' jurisdictional plea without permitting discovery, dismissing the homeowners' claims for lack of jurisdiction. The Court of Appeals for the Thirteenth District of Texas affirmed in part, concluding that the pleadings did not support an ultra vires claim under the Tax Code because the homeowners had not sought a refund from the tax assessor and the district had clarified that the charges were assessments under the Water Code.The Supreme Court of Texas reviewed the case and determined that the homeowners had sufficiently pleaded facts to demonstrate the trial court's jurisdiction over their ultra vires claim. The court held that the homeowners' pleadings, viewed liberally, alleged that the charges were taxes, had been delinquent for more than twenty years, and that no related litigation was pending at the time of the request to remove the charges. The court concluded that these allegations were sufficient to establish subject matter jurisdiction and did not implicate the district's governmental immunity.The Supreme Court of Texas reversed the Court of Appeals' judgment regarding the Tax Code ultra vires claim and remanded the case to the trial court for further proceedings consistent with its opinion. View "Herrera v. Mata" on Justia Law

In 2021, the Texas Legislature enacted Senate Bill 8, known as the Texas Heartbeat Act, which prohibits physicians from performing abortions if a fetal heartbeat is detected. The Act allows enforcement only through private civil actions. Plaintiffs, including Allison Van Stean and various Planned Parenthood entities, alleged that Texas Right to Life (TRTL) organized efforts to sue those violating the Act. They filed multiple suits challenging the Act's constitutionality and sought injunctions to prevent TRTL from enforcing it. The cases were consolidated, and TRTL filed a plea to the jurisdiction and a motion to dismiss under the Texas Citizens Participation Act (TCPA), both challenging the plaintiffs' standing. The trial court denied both motions.TRTL appealed the denial of the TCPA motion, but the Court of Appeals for the Third District of Texas affirmed the trial court's order, stating that the TCPA did not apply to the plaintiffs' claims. The court did not address the standing issue raised by TRTL. TRTL then petitioned for review.The Supreme Court of Texas reviewed the case and held that the Court of Appeals erred by not addressing the standing issue, which is a prerequisite for subject-matter jurisdiction. The Supreme Court emphasized that jurisdictional questions must be resolved before addressing the merits of a case. The court reversed the judgment of the Court of Appeals and remanded the case for further proceedings to determine whether the plaintiffs had standing to sue. If the plaintiffs lack standing, the case should be dismissed; if they have standing, the Court of Appeals should then address the merits of the TCPA motion. View "TEXAS RIGHT TO LIFE v. STEAN" on Justia Law

Robert Roberson, a death-row inmate, was scheduled for execution on October 17, 2024. On October 16, 2024, the Texas House Committee on Criminal Jurisprudence issued a subpoena requiring Roberson to testify on October 21, 2024, creating a conflict between the legislative, judicial, and executive branches. The judicial branch had affirmed Roberson's sentence, and the executive branch had declined clemency. The committee sought to delay the execution to obtain Roberson's testimony, claiming legislative authority to compel testimony superseded the scheduled execution.The committee filed a lawsuit in a state district court, which granted a temporary restraining order to delay the execution. The Texas Department of Criminal Justice (the department) sought relief from the Texas Court of Criminal Appeals, which set aside the restraining order. The committee then petitioned the Supreme Court of Texas for a writ of mandamus to enforce the subpoena and delay the execution.The Supreme Court of Texas reviewed the case and concluded that the legislative committee's authority to compel testimony does not override the scheduled legal process leading to an execution. The court emphasized the separation of powers, noting that the legislature's investigatory power must be balanced against the judiciary's authority to render judgments and the executive's authority to enforce them. The court held that the committee could have obtained Roberson's testimony earlier and that the legislative subpoena could not disrupt the execution process. Consequently, the court denied the committee's petition for writ of mandamus, allowing the execution to proceed as scheduled. View "IN RE TEXAS HOUSE OF REPRESENTATIVES" on Justia Law