LATEST SUMMARIES

ADMINISTRATIVE LAW, CIVIL PROCEDURE, COMMUNICATIONS LAW, CONTRACTS, PUBLIC UTILITIES
• In re Southwestern Bell Tel. Co., L.P.

BANKING LAW, CONTRACTS, CORP. GOVERNANCE, CORPORATION & ENTERPRISE LAW, DEBT COLLECTION
• First Commerce Bank v. Palmer

CIVIL PROCEDURE, CONSTRUCTION, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, GOVERNMENT LAW, PER CURIAM, PROPERTY LAW & REAL ESTATE
• Abilene Housing Auth. v. Gene Duke Builders, Inc.

CIVIL PROCEDURE, CONSTRUCTION, CONTRACTS, GOVERNMENT CONTRACTS, GOVERNMENT LAW, PER CURIAM, WATER LAW
• City of Pasadena v. Kinsel Indus., Inc.

CIVIL PROCEDURE, CONTRACTS, DEBT COLLECTION, PER CURIAM
• Hubicki v. Festina

CIVIL PROCEDURE, CONTRACTS, GOVERNMENT LAW, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, PER CURIAM
• City of Arlington v. Matthews

CIVIL PROCEDURE, GOVERNMENT LAW, PER CURIAM, PROPERTY LAW & REAL ESTATE
• Tellez v. City of Socorro

CONSTITUTIONAL LAW, GOVERNMENT LAW, HEALTH LAW, LABOR & EMPLOYMENT LAW, PER CURIAM
• City of Elsa v. M.A.L.

CRIMINAL LAW & PROCEDURE
• State of Texas v. Beam

DEBT COLLECTION, HEALTH LAW, INJURY AND TORT LAW, REMEDIES, WORKERS' COMPENSATION
• Daughters of Charity Health Servs. of Waco v. Linnstaedter

GOVERNMENT CONTRACTS, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW, PER CURIAM
• Dallas Firefighters Ass'n v. City of Dallas

LATEST SUMMARIES

ADMINISTRATIVE LAW, CIVIL PROCEDURE, COMMUNICATIONS LAW, CONTRACTS, PUBLIC UTILITIES
In re Southwestern Bell Tel. Co., L.P., No. 05-0511
The Public Utility Commission (PUC) has primary jurisdiction to resolve threshold questions about the meaning and effect of certain telephone interconnection agreements between Southwestern Bell Telephone Company and plaintiff-local exchange telephone service carriers. Read more...

BANKING LAW, CONTRACTS, CORP. GOVERNANCE, CORPORATION & ENTERPRISE LAW, DEBT COLLECTION
First Commerce Bank v. Palmer, No. 05-0686
In a dispute involving two guaranty agreements required by a creditor and given by shareholders of a corporate debtor, a judgment refusing to enforce the guaranties is reversed and remanded where, contrary to rulings below, there was neither a lack nor a failure of consideration. Read more...

CIVIL PROCEDURE, CONSTRUCTION, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, GOVERNMENT LAW, PER CURIAM, PROPERTY LAW & REAL ESTATE
Abilene Housing Auth. v. Gene Duke Builders, Inc., No. 05-0631
In a dispute concerning completion and payment on a contract for repair of housing units, a court of appeals' decision reversing an earlier dismissal of the case is affirmed where the court of appeals correctly held that a municipal housing authority is not a "unit of state government" to which chapter 2260 of the Texas Government Code applies. Read more...

CIVIL PROCEDURE, CONSTRUCTION, CONTRACTS, GOVERNMENT CONTRACTS, GOVERNMENT LAW, PER CURIAM, WATER LAW
City of Pasadena v. Kinsel Indus., Inc., No. 06-0353
In a disputes arising from respondent's contract with petitioner-city to build a wastewater treatment plant, denial of the city's plea to jurisdiction is reversed and remanded pursuant to recent legislative enactments waiving, with certain limitations, immunity from suit for contract claims against local governmental entities. Read more...

CIVIL PROCEDURE, CONTRACTS, DEBT COLLECTION, PER CURIAM
Hubicki v. Festina, No. 05-0357
In a suit brought for breach of contract and fraud involving a loan, a court of appeals decision affirming a default judgment obtained by plaintiff is reversed where, under the circumstances, plaintiff failed to demonstrate that the method of service the trial court authorized was reasonably effective to give defendant notice of the suit. Read more...

CIVIL PROCEDURE, CONTRACTS, GOVERNMENT LAW, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, PER CURIAM
City of Arlington v. Matthews, No. 06-0251
In a suit against a city for breach of an employment separation agreement and intentional torts, a court of appeals judgment affirming in part a denial of the city's plea to the jurisdiction asserting governmental immunity, is reversed and remanded pursuant to recent legislative enactments waiving, with certain limitations, immunity from suit for contract claims against local governmental entities. Read more...

CIVIL PROCEDURE, GOVERNMENT LAW, PER CURIAM, PROPERTY LAW & REAL ESTATE
Tellez v. City of Socorro, No. 05-0629
In a suit brought by the operator of an auto salvage yard challenging denial of his application for a non-conforming use permit, which was brought after city enacted zoning laws designating the operator's lot as residential, a court of appeals' judgment dismissing operator's appeal for lack of subject-matter jurisdiction is reversed as the trial court had power to hear the appeal of a zoning board's decision. Read more...

CONSTITUTIONAL LAW, GOVERNMENT LAW, HEALTH LAW, LABOR & EMPLOYMENT LAW, PER CURIAM
City of Elsa v. M.A.L., No. 06-0516
The court reaffirms that: 1) "sue and be sued" provisions in city charters do not waive immunity from suit for monetary damages; and 2) governmental entities may be sued for injunctive relief under the Texas Constitution. Read more...

CRIMINAL LAW & PROCEDURE
State of Texas v. Beam, No. 06-0974
In the context of the limitations period which must expire before an individual can seek to have their arrest records expunged, the limitations requirement in article 55.01(a)(2)(A)(i) of the Code of Criminal Procedure applies to both felonies and misdemeanors. Read more...

DEBT COLLECTION, HEALTH LAW, INJURY AND TORT LAW, REMEDIES, WORKERS' COMPENSATION
Daughters of Charity Health Servs. of Waco v. Linnstaedter, No. 05-0108
A hospital paid by a workers' compensation carrier cannot recover the discount from its full charges by filing a lien against a patient's tort recovery. Read more...

GOVERNMENT CONTRACTS, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW, PER CURIAM
Dallas Firefighters Ass'n v. City of Dallas, No. 04-0821
In a suit brought by the Dallas Fire Fighters Association and individual firefighters for breach of contract and for violation of the city's charter and civil service board rules in the city's use of an "oral assessment test" performed by an outside contractor in making promotion decisions, dismissal of the action is reversed and remanded for further proceedings pursuant to the legislature's enactment of certain provisions waiving immunity from suit for certain claims. Read more...