Justice Devine delivered the opinion of the Court. This case presents two issues: first, whether an affirmative defense may be the basis of a Rule 91a motion to dismiss; and second, whether the alleged destruction of evidence is an action "taken in connection with representing a client in litigation," thus entitling the respondent attorneys to attorney immunity. We join the court of appeals in concluding that Rule 91a permits dismissal based on an affirmative defense. See 581 S.W.3d 306,...
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...
Chief Justice Hecht delivered the opinion of the Court in which Justice Green, Justice Johnson, Justice Lehrmann, Justice Devine, and Justice Brown joined. The Texas Constitution requires that all property be taxed "in the county where situated". 1 But for 46 years, Nueces County and San Patricio County have been locked in a Texas Death Match 2 over their shoreline boundary on Corpus Christi Bay, and for the past 10 years both have taxed the same piers, docks, and other facilities...
Petitioner's petition for review, filed herein in the above numbered and styled case, having been duly considered, is ordered, and hereby is, denied. I, BLAKE A. HAWTHORNE, Clerk of the Supreme Court of Texas, do hereby certify that the above is a true and correct copy of the orders of the Supreme Court of Texas in the case numbered and styled as above, as the same appear of record in the minutes of said Court under the date shown. It is further ordered that petitioner, CITY OF DALLAS, pay...
PAUL W. GREEN , Justice . This case arises out of a property-tax dispute regarding ownership of tangible personal property. Based on Sebastian Cotton & Grain Ltd.'s representation that it owned grain inventory stored on its property, Willacy County Appraisal District (WCAD) listed Sebastian as the owner of the grain on the 2009 appraisal roll. After receiving the tax bill, Sebastian requested a correction to the appraisal roll and produced to WCAD documents showing it had sold the grain to...
Chief Justice Hecht delivered the opinion of the Court, in which Justice Green, Justice Johnson, Justice Lehrmann, Justice Boyd, Justice Brown, and Justice Blacklock joined. To protect the separation of powers essential to the structure and function of American governments, the political question doctrine teaches that the Judicial Branch will abstain from matters committed by constitution and law to the Executive and Legislative Branches. 1 "The complex[,] subtle, and professional...
PER CURIAM . The issues in this appeal of a condemnation judgment are whether the trial court erroneously admitted and excluded various evidence at trial, thereby probably resulting in rendition of an improper judgment. We hold that the trial court's evidentiary holdings were not an abuse of discretion. Because the court of appeals held otherwise, we reverse that court's judgment and reinstate the judgment of the trial court. The State of Texas planned to condemn a portion of a 33,000...
Chief Justice Hecht delivered the opinion of the Court. The roving, roiling debate over local control of public affairs has not, with increased age, lost any of its vigor. From public education 1 to immigration policy 2 to fracking 3 to shopping bags, the sides are always deeply divided. 4 "Judges have no dog in this fight. Our duty is to apply the rules fairly and equally to both sides." 5 The Texas Constitution states that city ordinances cannot conflict with state law. 6 The...
Justice Green delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Devine, Justice Brown, and Justice Blacklock joined. This is a medical-malpractice case involving multiple issues. Shannon McCoy (Shannon) was thirty-seven weeks pregnant and under the prenatal obstetrical care of Dr. Debra Gunn, an obstetrician and gynecologist (ob/gyn) associated with Obstetrical and Gynecological Associates, P.A. (OGA). Shannon presented herself to the hospital...
PER CURIAM . Hurricane Ike damaged the Fuenteses' home in 2008. The Fuenteses filed a claim with their insurer, State Farm, for exterior and interior damage. State Farm paid the Fuenteses $4,988.63 for exterior damage, but an adjuster concluded the hurricane did not cause the interior damage. The Fuenteses sued State Farm for breach of contract, breach of the duty of good faith and fair dealing, fraud, and Insurance Code violations. After filing suit, the Fuenteses' counsel sent State Farm a...
Justice Lehrmann delivered the opinion of the Court, in which Chief Justice Hecht, Justice Devine, Justice Brown, and Justice Blacklock joined. This action stems from a contract dispute over an offset provision in an oil and gas lease. The court of appeals held that the lessee did not conclusively demonstrate compliance with the provision and reversed the trial court's summary judgment in the lessee's favor. Because the court of appeals read a requirement into the lease that its...
Justice Blacklock delivered the opinion of the Court. In this commercial dispute, the trial court granted partial summary judgment based on the so-called "sham affidavit rule." Under the rule, if a party submits an affidavit that conflicts with the affiant's prior sworn testimony and does not provide a sufficient explanation for the conflict, a trial court may disregard the affidavit when deciding whether the party has raised a genuine fact issue to avoid summary judgment. Most Texas...
Justice Devine delivered the opinion of the Court. Section 12.115 of the Texas Education Code requires the Commissioner of Education to revoke an open-enrollment charter school's charter after three consecutive years of "an unacceptable performance rating," an unsatisfactory "financial accountability performance rating," or any combination of the two. TEX. EDUC. CODE 12.115(c). The Commissioner's revocation decision is subject to an administrative review, but the decision may not be...
Justice Blacklock delivered the opinion of the Court. This is an appeal from the denial of a motion to dismiss under the Texas Citizens Participation Act (TCPA). The defendant, John Adams, moved to dismiss the defamation claim filed against him. The court of appeals affirmed the denial of the motion to dismiss, holding that Adams's allegedly defamatory communications did not relate to a "matter of public concern." Because we conclude that the challenged communications do relate to a "...
