Table of Contents

LATEST SUMMARIES

CIVIL PROCEDURE, CONTRACTS, EDUCATION LAW, LABOR & EMPLOYMENT LAW
• Baylor Univ. v. Sonnichsen

CIVIL PROCEDURE, GOVERNMENT BENEFITS, GOVERNMENT LAW, HEALTH LAW, PER CURIAM
• US v. Boateng

CIVIL PROCEDURE, PER CURIAM, SECURITIES LAW
• IRA Res., Inc. v. Griego

CIVIL PROCEDURE, SANCTIONS
• Low v. Henry

COMMERCIAL LAW, CONTRACTS, INSURANCE LAW, LANDLORD TENANT LAW, PROPERTY LAW & REAL ESTATE
• Gym-N-I Playgrounds, Inc. v. Snider

CONSTITUTIONAL LAW, CONTRACTS, GOVERNMENT LAW, INTELLECTUAL PROPERTY, OIL & GAS LAW, PATENT
• State of Texas v. Holland

CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, LABOR & EMPLOYMENT LAW, PER CURIAM
• In re RLS Legal Solutions, LLC

CONTRACTS, EDUCATION LAW, EVIDENCE, LABOR & EMPLOYMENT LAW
• Baylor Univ. v. Coley

CONTRACTS, FAMILY LAW, HABEAS CORPUS, SANCTIONS
• In re Green

ETHICS & PROFESSIONAL RESPONSIBILITY, HEALTH LAW, LABOR & EMPLOYMENT LAW, PER CURIAM, PROFESSIONAL MALPRACTICE
• In re Basco

EVIDENCE, HEALTH LAW, INJURY AND TORT LAW, PROFESSIONAL MALPRACTICE
• Jackson v. Axelrad

FAMILY LAW, LABOR & EMPLOYMENT LAW, PER CURIAM
• Holmes v. Kent

FAMILY LAW
• In re Estate of Nash

LATEST SUMMARIES

CIVIL PROCEDURE, CONTRACTS, EDUCATION LAW, LABOR & EMPLOYMENT LAW
Baylor Univ. v. Sonnichsen, No. 04-0851
In a employment dispute between Baylor University and a women's volleyball coach, a court of appeals' ruling finding that the coach presented sufficient evidence of a fraud claim and that the trial court abused its discretion by sustaining a special exception without giving him another opportunity to amend his pleadings is reversed where: 1) the trial court did not abuse its discretion by sustaining Baylor's special exception on breach of contract claims; and 2) it correctly granted summary judgment in favor of Baylor on the fraud claim. Read more...

CIVIL PROCEDURE, GOVERNMENT BENEFITS, GOVERNMENT LAW, HEALTH LAW, PER CURIAM
US v. Boateng, No. 05-0752
In a case in which the United States filed a bill of review asserting that a default garnishment judgment rendered against its Medicare intermediary should be set aside on sovereign immunity grounds, petitions for review of a decision reversing a grant of the bill of review are granted where fact issues remained regarding the extent of the United States' and the intermediary's sovereign immunity claims. Read more...

CIVIL PROCEDURE, PER CURIAM, SECURITIES LAW
IRA Res., Inc. v. Griego, No. 05-0469
In a securities case in which petitioner filed a special appearance challenging personal jurisdiction, denial of the challenge is reversed where petitioner's actions do not constitute the "purposeful availment" required to exercise specific jurisdiction. Read more...

CIVIL PROCEDURE, SANCTIONS
Low v. Henry, No. 04-0452
In an appeal involving the imposition of sanctions under chapter 10 of the Texas Civil Practice and Remedies Code, a court of appeals' judgment finding that sanctions against an attorney were inappropriate is reversed and remanded where, although the attorney who filed the petition in the underlying case obtained and directed the review of evidence that disproved some of the allegations pled against some of the defendants, the trial court abused its discretion in not providing a sufficient basis to support imposition of a $50,000 penalty. Read more...

COMMERCIAL LAW, CONTRACTS, INSURANCE LAW, LANDLORD TENANT LAW, PROPERTY LAW & REAL ESTATE
Gym-N-I Playgrounds, Inc. v. Snider, No. 05-0197
In a suit brought by tenant, playground equipment manufacturing company, against its landlord arising out of a building fire, summary judgment for landlord is affirmed where: 1) tenant's express disclaimer of commercial real estate landlord's implied warranty, that their premises are suitable for the tenants' intended commercial purposes, precluded their suit against the landlord for breach of the warranty; and 2) tenants' agreement to lease the commercial building "as is" prevents them from suing the landlord for other claims based on the property's condition. Read more...

CONSTITUTIONAL LAW, CONTRACTS, GOVERNMENT LAW, INTELLECTUAL PROPERTY, OIL & GAS LAW, PATENT
State of Texas v. Holland, No. 05-0292
A takings claim is not the proper avenue for a patentholder who performs services under contract with the state to assert patent rights when the state's use is pursuant to colorable contract rights. Read more...

CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, LABOR & EMPLOYMENT LAW, PER CURIAM
In re RLS Legal Solutions, LLC, No. 05-0290
A petition for mandamus to compel arbitration of an employment dispute is conditionally granted where the court of appeals erred in holding that the trial court did not abuse its discretion in denying employer's motion to compel arbitration of the dispute on the basis that relators used economic duress to force the plaintiff to agree to arbitration. Read more...

CONTRACTS, EDUCATION LAW, EVIDENCE, LABOR & EMPLOYMENT LAW
Baylor Univ. v. Coley, No. 04-0916
In an action claiming that plaintiff's former employer-university breached her contract and forced her to resign from her tenured faculty position by reassigning her responsibilities to others and effectively demoting her, a court of appeals' ruling in favor of plaintiff is reversed where plaintiff presented no evidence the university breached her contract and the jury was properly charged on constructive discharge. Read more...

CONTRACTS, FAMILY LAW, HABEAS CORPUS, SANCTIONS
In re Green, No. 06-0496
A court order to pay spousal support is unenforceable by contempt if the order merely restates a private debt rather than a legal duty imposed by Texas law. A petition for writ of habeas corpus is granted pursuant to a claim that petitioner could not be imprisoned for nonpayment of a contractual alimony obligation incorporated into his divorce decree. Read more...

ETHICS & PROFESSIONAL RESPONSIBILITY, HEALTH LAW, LABOR & EMPLOYMENT LAW, PER CURIAM, PROFESSIONAL MALPRACTICE
In re Basco, No. 05-0771
In a case in which a doctor sought to disqualify his opponent's attorney because the attorney had to question the work product of his former law partner, a decision denying disqualification is reversed as disqualification was mandatory under the circumstances. Read more...

EVIDENCE, HEALTH LAW, INJURY AND TORT LAW, PROFESSIONAL MALPRACTICE
Jackson v. Axelrad, No. 04-0923
In a medical malpractice case in which both the physician and patient were doctors, a court of appeals ruling reversing a take-nothing judgment and remanding for new trial is reversed where, although laymen generally have no duty to volunteer information during medical treatment, plaintiff was not a layman and jurors judging his actions could consider his expertise, especially as he emphasized it throughout the trial. Consequently, as there was some evidence that plaintiff-psychiatrist failed to report a critical symptom when he should have, the jury's verdict for defendant is reinstated. Read more...

FAMILY LAW, LABOR & EMPLOYMENT LAW, PER CURIAM
Holmes v. Kent, No. 04-0729
In an action claiming that petitioner is entitled to payments from an optional annuity elected by his deceased ex-wife as part of her teacher retirement benefits, a ruling against petitioner is reversed where the court of appeals erred in finding that a constructive trust in favor of respondents could be imposed on payments petitioner receives, as petitioner had remained the designated beneficiary of the annuity. Read more...

FAMILY LAW
In re Estate of Nash, No. 05-0538
A contingent bequest to a testator's former stepdaughter is not a provision favoring his former spouse for purposes of Probate Code section 69, which provides that if a testator divorces after executing a will, provisions that favor a former spouse must be read as if the former spouse predeceased the testator. Read more...