Paul W. Green , Justice . In this case, we must determine whether the court of appeals erred in: (1) holding that the plaintiff could not prevail on its breach of contract claim as a matter of law because the contract's consent-to-assignment provision unambiguously gave the defendant an unqualified right to refuse to consent; and (2) holding that the plaintiff cannot prevail on its fraud claim as a matter of law because it could not justifiably rely on an oral promise to do something that...
Justice Boyd delivered the opinion of the Court. A former assistant district attorney filed this suit alleging that the county wrongfully terminated his employment because he refused his supervisor's order to withhold exculpatory evidence from a criminal defendant. The trial court dismissed the suit for lack of jurisdiction, and the court of appeals affirmed. Because we agree with those courts that governmental immunity bars the suit, we also affirm. I. Background 1 Eric Hillman...
Chief Justice , Hecht delivered the opinion of the Court. Public pension systems are struggling to maintain solvency, whether due to poorly constructed benefit plans, unrealistic investment expectations, the economic downturn of the past decade, or the aging of the population. 1 Article XVI, Section 66 of the Texas Constitution prohibits the reduction or impairment of certain benefits under local public retirement systems. 2 The Dallas Police and Fire Pension System ("the System")...
Justice Devine delivered the opinion of the Court. In this case, Carduco, Inc., a Mercedes-Benz franchisee, obtained a multi-million dollar judgment against its franchisor, Mercedes, premised on a jury verdict that Mercedes fraudulently induced it to purchase the assets of the previous Mercedes-Benz dealer in Harlingen, Texas. Carduco alleges it agreed to take on the Mercedes-Benz franchise in Harlingen because Carduco believed it would eventually be able to relocate to the McAllen area as...
Paul W. Green , Justice . In this case, we consider whether an appellate court's denial of a permissive interlocutory appeal prevents this Court from reviewing the merits of the underlying interlocutory order. We hold that it does not under the plain language of former Texas Government Code section 22.225(d). In addition, we consider whether the federal Airline Deregulation Act (ADA) preempts an airline's claim for tortious interference with contract brought under state law. We hold that...
Justice Green delivered the opinion of the Court, joined by Chief Justice Hecht, Justice Guzman, Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Blacklock, and in which Justice Brown joined as to Parts I-III. In this wrongful death case, we must determine whether: (1) the expert testimony was conclusory such that the jury could not rely on it to conclude that a neurosurgeon was negligent in breaching his standard of care by failing to treat his patient properly; (2) the...
Justice Boyd delivered the opinion of the Court. The Deepwater Horizon drilling-rig incident has been called "the largest accidental marine oil spill in U.S. history." 1 After the initial blow-out and explosions claimed eleven lives, the waves of escaping oil "began a human, economic, and environmental disaster" 2 that "touched virtually every aspect of life on the Gulf of Mexico coast—and far beyond." 3 Predictably, the lingering ripples include legal disputes over the responsible...
