The Texas Supreme Court issued four opinions with today’s orders. In National Plan Administrators, Inc. v. National Health Insurance Co. (No. 05-0006), the Court held that a third-party administrator did not owe a general fiduciary duty to an insurer in light of the parties’ agreement and certain provisions in the Insurance Code. The Court therefore… Continue Reading
Tag Archives: Sovereign Immunity
Texas Supreme Court Orders & Opinion 9/7/07
Posted in Jurisdiction, Supreme Court OrdersAfter a very busy couple of weeks, the Texas Supreme Court released one opinion with today’s orders. In Texas A&M University System v. Koseoglu, the Court held that a plaintiff who, due to pleading defects, loses a plea to the jurisdiction based on sovereign immunity is not entitled to a remand when amending the pleading… Continue Reading
Supreme Court Ends Summer Recess
Posted in Original Proceedings, Supreme Court OrdersThe Texas Supreme Court ended its summer recess with a bang by issuing seven opinions today. In In re H&R Block Financial Advisors, Inc., the per curiam Court conditionally granted mandamus relief from a trial court’s order refusing to stay the plaintiffs’ lawsuit in light of an arbitration clause. The Court rejected the plaintiffs’ attempts… Continue Reading
Sovereign Immunity Barred A&M Bonfire Claims
Posted in Jurisdiction, Opinions & JudgmentsIn Texas A&M University v. Bading, a case stemming from the 1999 Aggie bonfire disaster, the Waco Court of Appeals has reversed the trial court’s denial of the University’s plea to the jurisdiction based on sovereign immunity. The appellees were defendants in wrongful death and personal injury actions who brought various claims against the University… Continue Reading
Supreme Court Orders & Opinion 4/6/07
Posted in Supreme Court OrdersThe Texas Supreme Court denied one petition for review and issued one per curiam opinion this week with what must be close to the shortest set of orders ever issued. The Court issued the orders on Thursday, instead of the usual Friday, because of the Good Friday holiday. In State of Texas v. Precision Solar… Continue Reading
Supreme Court Orders & Opinions 3/9/07
Posted in Original Proceedings, Perfecting Appeal, Supreme Court OrdersWith today’s orders, the Texas Supreme Court has issued per curiam opinions in six cases. In Zipp v. Wuemling, the Court held that an appeal from the district court’s guardianship decision was not rendered moot merely because the ward had died while the appeal was pending. Because issues remained with respect to who should settle… Continue Reading
Supreme Court Orders & Opinions 2/23/07
Posted in Jurisdiction, Supreme Court OrdersThe Supreme Court of Texas issued three per curiam opinions with today’s orders: In Hood v. Wal-Mart Stores Inc., the Court held that the court of appeals erred by dismissing the appeal without providing an opportunity to cure when the plaintiff filed an indigence affidavit within the time the appeals court gave him to pay… Continue Reading
Use of Hazard Lights Was Not “Operation or Use” of Vehicle Under Tort Claims Act
Posted in Opinions & JudgmentsIn Morales v. Barnett, the Third Court of Appeals has affirmed the trial court’s order dismissing a wrongful death suit against the Luling Independent School District on the ground that sovereign immunity had not been waived. The court of appeals held that the incident did not "arise[] from the operation or use of a motor-driven… Continue Reading