| | Texas Supreme Court Advisory | | The Supreme Court of Texas has ordered mandatory electronic filing for cases in the Supreme Court and for civil cases in the Texas courts of appeals by January 1, 2014. Click on the headline to learn more. | | Walgreen Co. Pays to Settle Waste Dumping Suit | |  | | A California judge has ordered pharmacy giant Walgreen Co. to pay $16.57 million to settle a lawsuit over alleged environmental violations. The suit, filed by a group of state district attorneys, accused the company of "illegal waste disposal and improper handling of confidential medical information." Some of the waste allegedly discarded included bleach, aerosols, pesticides and paint, the suit claimed.
Staff Report, San Jose Mercury News 12/13/2012    | | Read Article: San Jose Mercury News | | Texas Judge Lifts Order on TransCanada Pipeline | | | | TransCanada can resume oil pipeline work on a private Texas property for now, a judge said Thursday, at least until a hearing next week meant to determine whether the product the company wants to transport is in fact crude oil. Judge Jack Sinz initially issued an order Friday in Nacogdoches County Court halting work through next week on the Keystone XL pipeline on property owned by Michael Bishop in Douglass, Texas. But TransCanada requested a separate court date to lift the temporary restraining order, and Sinz scheduled a hearing for Thursday, where he lifted the restrictions.
RAMIT PLUSHNICK-MASTI, AP , Houston Chronicle 12/14/2012 | | Read Article: Houston Chronicle | | SW Airlines Settles Voucher Lawsuit | | | | Southwest Airlines has agreed to settle a class-action lawsuit filed over the company's decision to stop honoring free drink vouchers. The lawsuit said that, for years, customers who bought premium-priced tickets were awarded free drink vouchers that did not include an expiration date. As part of the settlement, eligible fliers will be allowed to use the remainder of their vouchers over the next 12 months.
Gregory Karp, Chicago Tribune 12/14/2012 | | Read Article: Chicago Tribune | | TEXAS LAWYER CASE SUMMARIES
| | | | Waco Court of Appeals: Torts | | | | After the jury returned a verdict in favor of the plaintiff, but before judgment was rendered, the plaintiff died. Although the defendant/appellant, a hospital, initially requested periodic payments of the future custodial care expenses awarded by the jury, which would have then terminated upon the plaintiff's death, the hospital withdrew its request for periodic payments. The trial court correctly followed Texas Rule of Civil Procedure 156 that requires a judgment to be rendered as if all parties were living. The trial court's judgment is affirmed. St. Joseph Regional Health Center v. Hopkins, Waco Court of Appeals, No. 10-11-00306-CV, 12-06-2012.
Texas Lawyer, Texas Lawyer Opinions (TTLA Members Only) 12/14/2012 | | Read Article: Texas Lawyer Opinions (TTLA Members Only) | | Corpus Christi Court of Appeals: Health Law | | | | The appellant challenges the dismissal of her health care liability claim against appellee for her failure to timely file an expert report. In cases where a default judgment has been rendered, the tolling of the statutory expert report period continues until both 1. the default judgment has been set aside and 2. the defendant has filed an answer. The trial court's judgment is reversed and remanded. Garza v. Carlson, Corpus Christi Court of Appeals, No. 13-12-00025-CV, 12-06-2012.
Texas Lawyer, Texas Lawyer Opinions (TTLA Members Only) 12/14/2012 | | Read Article: Texas Lawyer Opinions (TTLA Members Only) | | Houston's 1st Court of Appeals: Torts | | | | James J. Flanagan Shipping Corp. appeals the trial court's rendition of a take-nothing judgment on its claims against Del Monte Fresh Produce N.A. Inc. The duty allegedly breached in this case — the fiduciary duty owed by an agent to his principal — did not arise from the contract. The duty breached existed independent of its contract with Del Monte. Accordingly, the economic loss rule does not apply. The trial court's judgment is reversed and rendered. James J. Flanagan Shipping Corp. v. Del Monte Fresh Produce N.A. Inc., Houston's 1st Court of Appeals, No. 01-11-00525-CV, 12-06-2012.
Texas Lawyer, Texas Lawyer Opinions (TTLA Members Only) 12/14/2012 | | Read Article: Texas Lawyer Opinions (TTLA Members Only) | | Eastland Court of Appeals: Torts | | | | Kenneth Thompson sued Synergy Management Group L.L.C. for injuries he sustained in an accident at its facility. In appealing judgment against it, Synergy relies on evidence that it presented to the trial court in support of its motion for summary judgment. The appellate court cannot consider summary judgment evidence that was not admitted during the trial on the merits. The trial court's judgment is affirmed. Synergy Management Group L.L.C v. Thompson, Eastland Court of Appeals, No. 11-11-00229-CV, 12-06-2012.
Texas Lawyer, Texas Lawyer Opinions (TTLA Members Only) 12/14/2012 | | Read Article: Texas Lawyer Opinions (TTLA Members Only) | | |
