LATEST SUMMARIES

CIVIL PROCEDURE, CONSTITUTIONAL LAW, INJURY AND TORT LAW
• Westbrook v. Penley

CIVIL PROCEDURE, CONTRACTS, LABOR & EMPLOYMENT LAW
• In re AutoNation, Inc.

CIVIL PROCEDURE, CRIMINAL LAW & PROCEDURE, HEALTH LAW, INJURY AND TORT LAW, PER CURIAM, PROFESSIONAL MALPRACTICE
• Ramos v. Richardson

CIVIL PROCEDURE, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW
• Cent. Ready Mix Concrete Co., Inc. v. Islas

CONTRACTS, HEALTH LAW, INJURY AND TORT LAW, INSURANCE LAW, LABOR & EMPLOYMENT LAW
• Fortis Benefits v. Cantu

EDUCATION LAW, GOVERNMENT LAW, INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE
• Stephen F. Austin State Univ. v. Flynn

FAMILY LAW, HEALTH LAW, INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE, REMEDIES
• Wilz v. Kenneth W.

LATEST SUMMARIES

CIVIL PROCEDURE, CONSTITUTIONAL LAW, INJURY AND TORT LAW
Westbrook v. Penley, No. 04-0838
In a negligence suit arising from circumstances in which defendant-pastor, who was also a licensed professional counselor, directed his congregation to shun plaintiff-former parishioner for engaging in a "biblically inappropriate" relationship, as required by the ecclesiastical disciplinary process outlined in the church's constitution, the Supreme Court of Texas dismisses the case as parsing the roles of pastor and counselor for purposes of determining civil liability in this case, where health or safety were not at issue, would unconstitutionally entangle the court in matters of church governance and impinge on the core religious function of church discipline. Read more...

CIVIL PROCEDURE, CONTRACTS, LABOR & EMPLOYMENT LAW
In re AutoNation, Inc., No. 05-0311
In a suit brought against AutoNation under an employment contract, a petition for mandamus relief from a decision refusing to dismiss or stay the matter and enjoining AutoNation from pursuing its first-filed Florida suit to enforce a covenant not to compete contained in the same employment contract is granted as mandamus relief was appropriate, and a mandatory forum-selection clause in the parties' freely negotiated contract should be respected. Read more...

CIVIL PROCEDURE, CRIMINAL LAW & PROCEDURE, HEALTH LAW, INJURY AND TORT LAW, PER CURIAM, PROFESSIONAL MALPRACTICE
Ramos v. Richardson, No. 06-0336
In medical malpractice actions brought by an incarcerated pro se litigant and members of his family against respondents, a doctor and medical center, a court of appeals decision dismissing appeals challenging dismissal of the suits is reversed as the record indicated the inmate did everything necessary to comply with the applicable rules by placing the notices of appeal in the outgoing prison mailbox in a timely manner. Read more...

CIVIL PROCEDURE, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW
Cent. Ready Mix Concrete Co., Inc. v. Islas, No. 05-0940
In a negligence case in which an injured employee obtained a jury verdict against his employer, who carried no workers' compensation insurance, and the owner whose truck he was repairing, a court of appeals decision reversing a ruling setting aside a verdict against the truck owner is reversed as the owner could not be held liable under well-established rules of Texas law. Read more...

CONTRACTS, HEALTH LAW, INJURY AND TORT LAW, INSURANCE LAW, LABOR & EMPLOYMENT LAW
Fortis Benefits v. Cantu, No. 05-0791
In an insurance subrogation case wherein a medical insurer and an injured insured disputed what portion of tort settlement proceeds, if any, should go to the insurer, summary judgment in favor of the insured is reversed as the "made whole" doctrine must yield to the medical insurer's right to contractual subrogation under the plain terms of the insurance policy at issue. Read more...

EDUCATION LAW, GOVERNMENT LAW, INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE
Stephen F. Austin State Univ. v. Flynn, No. 04-0515
A landowner who dedicates a public easement for recreational purposes is entitled to the protection of the recreational use statute. In an action arising from circumstances in which plaintiff was riding her bike on a trail crossing defendant-university's campus and was knocked off her bike when she was hit by a stream of water from an oscillating sprinkler, a decision holding that the Texas Tort Claims Act waived university's sovereign immunity and that the recreational use statute did not apply is reversed as the recreational use statute does apply to the suit, and it operates under the undisputed facts to bar plaintiff's claim. Read more...

FAMILY LAW, HEALTH LAW, INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE, REMEDIES
Wilz v. Kenneth W., No. 06-0913
In a case where a jury found that respondent-father/guardian breached his fiduciary duty to his incapacitated son and committed constructive fraud, and that he and his new wife converted the son's property with malice, a court of appeals decision limiting the imposition of a constructive trust on property purchased by petitioner's ex-husband and his new wife to a 35 percent undivided interest is reversed where the trial court did not abuse its discretion in imposing a constructive trust on the entire farm. Read more...