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Supreme Court of Texas Update: Cantey Hanger, LLP v. Byrd

July 16, 2015 // 0 Comments

Cantey Hanger, LLP v. Byrd No. 13-0861 Case Summary written by Allison Grayson, Online Edition Editor. JUSTICE LEHRMANN delivered the opinion of the Court, in which JUSTICE GUZMAN, JUSTICE BOYD, JUSTICE DEVINE, and JUSTICE BROWN joined. In 2006, Philip Byrd and Nancy Simenstad filed for divorce. Simenstad was represented in the divorce proceedings by Cantey Hanger. The divorcing couple ultimately settled in 2008 and the trial court entered an agreed divorce decree. “The decree awarded [...]

Supreme Court of Texas Update: Royston, Rayzor, Vickery & Williams, LLP v. Lopez

July 14, 2015 // 0 Comments

Royston, Rayzor, Vickery & Williams, LLP v. Lopez No. 13-1026 & 14-0109 Case Summary written by Allison Grayson, Online Edition Editor. JUSTICE JOHNSON delivered the opinion of the Court. Francisco Lopez sought the representation of Royston, Rayzor, Vickery, & Williams, LLP (the firm) in his divorce. The contract between the two parties included an arbitration provision. After the firm filed for divorce on Lopez’s behalf, the parties were ordered to attend mediation. The parties [...]

Supreme Court of Texas Update: Atkins N. Am., Inc. v. CCE, Inc.

July 14, 2015 // 0 Comments

Atkins N. Am., Inc. v. CCE, Inc. No. 11-0481 Case Summary written by Allison Grayson, Online Edition Editor. Per curiam. The Texas Department of Transportation (TxDOT) hired a general contractor for a road construction project, which involved plans created by Atkins North America, Inc. After silt began escaping onto nearby property, TxDOT directed CCE to rid the property of the silt. TxDOT later declared CCE in default of its direction when CCE failed to comply. Upon receipt of an order from [...]

Supreme Court of Texas Update: Zorilla v. Aypco Constr. II, LLC

July 14, 2015 // 0 Comments

Zorilla v. Aypco Constr. II, LLC No.   14-0067 Case Summary written by Tyler Frankel, Articles Editor. JUSTICE GUZMAN delivered the opinion of the court. Mirta Zorilla (Petitioner) contacted Aypco Construction II, LLC and its owner, Jose Luis Munoz (together as Respondent), for the limited purpose of constructing modifications to the master bedroom and bathroom in a partially finished, 3,740 square foot residence located at North 23rd Street in Edinburg, Texas. After the modifications in the [...]

Court of Criminal Appeals Update: Salinas v. State

July 11, 2015 // 0 Comments

Salinas v. State No. PD-0419-14 Case Summary written by Allison Grayson, Online Edition Editor. JUDGE JOHNSON delivered the opinion of the unanimous Court. A jury convicted Orlando Salinas under Texas Penal Code §  22.04(a)(3), (f), and Texas Penal Code § 12.34(a) for injuring an elderly individual. He received a sentence of five years in prison. Thereafter, the trial court “assessed a consolidated court cost of $133 pursuant to Texas Local Government Code section 133.102.” In response, [...]

Supreme Court of Texas Update: Boeing Co. v. Paxton

July 9, 2015 // 0 Comments

Boeing Co. v. Paxton No. 12-1007 Case Summary written by Allison Grayson, Online Edition Editor. JUSTICE DEVINE delivered the opinion of the Court, in which CHIEF JUSTICE HECHT, JUSTICE GREEN, JUSTICE WILLETT, JUSTICE GUZMAN, JUSTICE LEHRMANN, and JUSTICE BROWN joined. In 1995, Boeing chose Kelly Air Force Base in San Antonio as its new “commercial refit facility for servicing heavy-lift military aircraft.” In response, the City of San Antonio created the Greater Kelly Development Authority [...]

Supreme Court of Texas Update: Beeman v. Livingston

July 7, 2015 // 0 Comments

Beeman v. Livingston No. 13-0867 Case Summary written by Allison Grayson, Online Edition Editor. JUSTICE JOHNSON delivered the opinion of the Court. Laura Beeman sued the executive director of the Texas Department of Criminal Justice (TDCJ), Brad Livingston, claiming that Livingston violated Chapter 121 of the Texas Human Resources Code by failing to provide Beeman and another deaf inmate with proper ways of participating in inmate activities and telephone calls. More specifically, Beeman [...]

Supreme Court of Texas Update: Gene E. Phillips v. Carlton Energy Group, LLC

July 6, 2015 // 0 Comments

Gene E. Phillips v. Carlton Energy Group, LLC No. 12-0255 Case summary written by Nirav Patel, Executive Managing Editor. CHIEF JUSTICE HECHT delivered the unanimous opinion of the Court. CBM Energy Limited (CBM) obtained the right to explore and develop a coalbed methane field in Bulgaria. CBM made an arrangement with Carlton Energy Group, LLC (Carlton) to provide financial backing for the venture. Carlton’s contract with CBM entitled Carlton to obtain an interest—up to 48% total—in the [...]

Supreme Court of Texas Update: Abutahoun v. The Dow Chem. Co.

June 26, 2015 // 0 Comments

Abutahoun v. The Dow Chem. Co. No. 13-0175 Case summary written by Samantha Kelly, Articles Editor. JUSTICE GREEN delivered the unanimous opinion of the Court. Dow Chemical Company contracted with Win-Way Industries to install pipelines in Dow’s facility. Between 1967 and 1968, Robert Henderson, an employee of Win-Way, helped insulate pipes with a material containing asbestos. He was also exposed to asbestos by the actions of Dow employees who were installing, sawing, and removing asbestos [...]

Supreme Court of Texas Update: Shell Oil Co. v. Writt

June 25, 2015 // 0 Comments

Shell Oil Co. v. Writt No. 13-0552 Case Summary written by Allison Grayson, Online Edition Editor. JUSTICE JOHNSON delivered the opinion of the Court. In February 2007, a Shell contractor pled guilty to “paying bribes to Nigerian customs officials through Panalpina, Inc., a freight forwarding and customs clearing company used to import equipment for Shell’s Bonga Project, a deepwater oil and gas project off the coast of Nigeria.” Shortly thereafter, the Department of Justice (DOJ) alerted [...]
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