The Texas Supreme Court issued four decisions with this week’s regular orders. In City of Waco v. Lopez (No. 06‑0089), a retaliatory discharge action in which the City filed a plea to the jurisdiction, the Court held that the Texas Commission on Human Rights Act provided the exclusive state statutory remedy. The Court reversed the court of appeals’ judgment and dismissed… Continue Reading
Tag Archives: Default Judgment
Texas Supreme Court Orders & Opinions 6/13/08
Posted in Supreme Court OrdersThe Texas Supreme Court issued four new decisions and one substituted opinion with today’s regular orders. In General Electric Co. v. Moritz (No. 0871), the Court reaffirmed that a landowner owes an independent contractor’s employees no duty to warn of obvious hazards they already know about, rejecting the plaintiff’s argument that his knowledge of the hazard was simply… Continue Reading
Texas Supreme Court Orders & Opinions 1/11/08
Posted in Jurisdiction, Supreme Court OrdersThe Texas Supreme Court released four opinions with this week’s orders: In PAJ, Inc. v. Hanover Insurance Co. (No. 05-0849), a five-member majority (Justice O’Neill, joined by Chief Justice Jefferson and Justices Brister, Medina, and Green) held that an insured’s failure to timely notify its insurer of a claim does not defeat coverage if the… Continue Reading
Post-Answer Default Judgment Affirmed, Subject to Remittitur
Posted in Opinions & JudgmentsIn Romano v. Newton, the Third Court of Appeals has affirmed a post-answer default judgment, conditioned on a remittitur of all but $29,544.47 of the original $176,150.68 judgment amount. The appellate court held that the trial court acted within its discretion by overruling the defendant’s equitable motion for new trial, but that the plaintiff presented… Continue Reading
Supreme Court Orders & Opinions 2/9/07
Posted in Supreme Court OrdersToday’s Texas Supreme Court orders show that last week’s prediction of at least four opinions wasn’t totally off base. In Norris v. Thomas, on a certified question from the Fifth Circuit, the Court determined that a houseboat did not qualify for the Texas Constitution’s homestead exemption because it is a moveable chattel that does not… Continue Reading