Johnson & Johnson's Centocor Ortho Biotech Inc. sued Abbott Laboratories on a patent infringement theory claiming that Abbott’s arthritis drug, Humira, infringed New York University patent licensed to Plaintiff for its use in manufacturing Remicade.

Defendant claimed that Humira was the first of its kind, fully-human anti-TNF antibody medicine. That its anti-TNF antibody medication, Rem... More...   $1670000000 (01-01-2009 - TX)

Randall Young, his wife, and their minor child have asserted health care liability and derivative claims and appeal the district court’s grant of summary judgment in favor of the defendants (collectively, Memorial) on the element of causation. We affirm.

I

Thirty-seven-year-old Randall Young, a Louisiana resident, attended a motocross event at Reliant Stadium in Houston, and during... More...   $0 (06-29-2009 - TX)

Don Smith and wife, Shirley Smith, brought suit against Danny Lile and wife, Paulette Lile, under the Declaratory Judgments Act (Chapter 37 of the Texas Civil Practice and Remedies Code), asking for a declaration that the Smiths were the owners of certain lands; at the conclusion of the trial before the court, a judgment was entered declaring that the legal and equitable title of the disputed lan... More...   $0 (06-12-2009 - TX)

Carol Paselk, proceeding pro se, (1) appeals the final judgment awarding $100,000.00 in attorney's fees to David and Pat Rabun. Paselk and Reynolds filed suit August 23, 2005, against the Rabuns for negligence, nuisance, trespass, gross negligence, and negligence per se. Paselk and Reynolds alleged the dairy farm owned and operated by the Rabuns discharged approximately "90,000 gallons of thick, ... More...   $0 (06-16-2009 - TX)

Glenda Ann Nixx, age 58, sued BP Chemical on a negligence theory claiming that she sustained disability injuries to her feet when she tripped and fell while walking out of a portable toilet in 2005. She claimed that an improperly installed grate outside the toilet near the BP Chemical docks in Galveston. She claimed that she was no longer able to work as a security guard after the injury and was... More...   $743000 (06-27-2009 - TX)

This appeal concerns the existence and scope of an easement to use a lakeside tract on Lake Travis as a recreation and private park area. Craig and Sheila Nickels, the owners of the lakeside tract and other land in the subdivision Travis Peak Estates, appeal the district court's judgment in favor of appellees who are property owners and residents in the subdivision. (1) The district court declared... More...   $0 (06-18-2009 - TX)

This is a suit by a judgment creditor to collect a default judgment under an automobile liability policy. It is undisputed that the additional insured against whom the default judgment was rendered failed to notify the insurer of the lawsuit filed against him. It is further undisputed that the insurer had actual knowledge of the suit. The question is whether the insurer is liable for the defaul... More...   $0 (06-11-2009 - TX)

Melissa Kohout appeals from the trial court=s grant of the plea to the jurisdiction filed by the City of Fort Worth, Texas (Athe City@), David Lunsford (the City=s gas well inspector), and Tom Edwards (the City=s senior gas drilling inspector) on her claims that she was denied due process, equal protection, and the right to petition her government. In one issue, Kohout argues that she has standin... More...   $0 (06-11-2009 - TX)

In a single issue, Appellants Charles L. Baxter and Sharon G. McPherson appeal the trial court's order granting a no-evidence summary judgment for Appellee Sharonda A. Brown. We affirm.

II. Factual and Procedural History

On October 2005, Brown struck Baxter and McPherson's son Evan with her vehicle as he crossed the street. Evan died from injuries sus... More...   $0 (06-18-2009 - TX)

Appellants RSI International, Inc. and Essex Insurance Company appeal the judgment entered after a bench trial ordering them to pay Appellee CTC Transportation, Inc. $54,604.91 plus interest and attorney=s fees. The primary issue that we address is whether a coinsurance provision in a motor truck cargo liability policy issued by Essex to CTC is ambiguous. Because we hold that, as a matter of law... More...   $0 (06-18-2009 - TX)

Appellants Carolee Okland, Jeremy Rogers, Deepak Malhotra, and Dinah Leffert, individually and on behalf of all others similarly situated, appeal the trial court's orders striking Appellants' third amended petition, denying Malhotra's and Leffert's motion to intervene, and granting Appellees Travelocity.com, Inc. and Travelocity.com, LP's (collectively "Travelocity") plea to the jurisdiction and m... More...   $0 (06-18-2009 - TX)

This Court’s opinion reversed the trial court’s judgment for loss of inheritance damages and affirmed the jury’s award of exemplary damages. 271 S.W.3d 238, 257. No other damages were challenged in the appeal. After the mandate issued, Petitioner Columbia Medical Center tendered the amount for damages affirmed in our opinion and judgment along with post-judgment interest accrued, but the Hog... More...   $0 (06-19-2009 - TX)

A police officer who has been suspended from duty has a right to appeal that action to either a civil service commission or to an independent, third-party hearing examiner. If the officer appeals to a hearing examiner, his ability to seek further review in a district court is severely limited. The suspended police officer in this case elected to appeal to a hearing examiner, but the City failed to... More...   $0 (06-19-2009 - TX)

Employers in Texas generally do not owe a duty to third parties for the tortious activities of off-duty employees occurring off the work site. Loram Maint. of Way, Inc. v. Ianni, 210 S.W.3d 593, 594 (Tex. 2006). We have recognized a limited exception to this rule when an employer exercises control over the injury-causing conduct of its employee, imposing a duty, for example, when an employer sent ... More...   $0 (06-19-2009 - TX)

The Texas Religious Freedom Restoration Act (TRFRA) provides that “a government agency may not substantially burden a person’s free exercise of religion [unless it] demonstrates that the application of the burden to the person . . . is in furtherance of a compelling governmental interest [and] is the least restrictive means of furthering that interest.”1 TRFRA does not immunize religious con... More...   $0 (06-19-2009 - TX)

Alfred McZeal, Jr., d/b/a International Walkie Talkie (“McZeal”), appeals the judgment of the United States District Court for the Southern District of Texas dismissing his complaint for failure to state a claim and for want of prosecution. McZeal v. Sprint Nextel Corp., No. 06-CV-1775, slip op. at 2 (S.D. Tex. Mar. 14, 2008) (“Final Dismissal Memorandum”). While we conclude that the dismi... More...   $0 (06-23-2009 - TX)

PureChoice, Inc. appeals the judgment of the United States District Court for the Eastern District of Texas which found several claims of U.S. Patent No. RE38,985 invalid under the 35 U.S.C. § 112 definiteness requirement because two claim terms present in each claim could not be construed. PureChoice, Inc. v. Honeywell Int’l Inc., No. 2:06-cv-00244 (E.D. Tex. Mar. 14, 2008). PureChoice also ap... More...   $0 (06-01-2009 - TX)

Darrell Simpson appeals the district court’s decision that he did not have a claim against Empire Truck Lines, Inc., pursuant to the Texas Workers Compensation Act (“TWCA”). Finding no error, we affirm.

I. BACKGROUND

Empire hired Rodgers Trucking to transport goods pursuant to its contract with United Parcel Service. Rodgers Trucking supplied the tractor-trailer and two drivers... More...   $0 (06-11-2009 - TX)

Thieves stole copper tubing out of seventeen free-standing commercial airconditioning units permanently installed on the roof of a vacant office building owned by Defendants-Appellees Wan E. Law and Sie L. Tsu (the “Laws”). The Laws’ commercial property insurer, Certain Underwriters at Lloyd’s, London (“Underwriters”), denied coverage based on the insurance policy’s theft exclusion, ... More...   $0 (06-02-2009 - TX)

On September 6, 2006, Plaintiff Herbert B. Pretus, Jr. (“Pretus”) sued his employer, Diamond Offshore Drilling Inc., and related entities (collectively, “Diamond”), after being diagnosed in early 2005 with a lung disorder allegedly arising out of his employment on the OCEAN CONFIDENCE and other movable ocean rigs owned by Diamond. Diamond filed a motion for partial summary judgment in whic... More...   $0 (06-12-2009 - TX)

Albert O. Freeman is again before this Court, in reference to a 1.3-acre tract of land near Lake Cherokee. The bounds of that property were finally determined in an opinion by this Court in which we affirmed a jury finding that Freeman had adversely possessed the property. As a part of that judgment, the boundary of the property and its ownership were specifically determined and locations specifi... More...   $0 (06-05-2009 - TX)

Appellant, Regions Bank, filed a restricted appeal of a default judgment entered in relation to a writ of garnishment in favor of appellee, Centerpoint Apartments. The default judgment found Regions liable and awarded damages of $6,533.49, the amount of an underlying judgment in favor of Centerpoint against Stanley Elvin Hance, $501.00 for costs of court for both the underlying proceeding and the ... More...   $0 (06-04-2009 - TX)

This dispute involves the interpretation of a deed conveying an interest in a certain two hundred and twenty-nine acre tract situated in Liberty County ("229 acre tract"). A proper analysis of the issues warrants a discussion of the chain of title.

The record establishes that B.F. Louis ("Louis") obtained his ownership interest in the 229 acre tract as a result of the following conveyances:... More...   $0 (05-28-2009 - TX)

Elijah W. Ratcliff appeals from the trial court's final judgment in Cause Number CIV 22975. The trial court's judgment reflects that it granted the motion for summary judgment of the plaintiff, LHR, Inc., on its breach of contract claim against Ratcliff and granted LHR's no evidence motion for summary judgment on Ratcliff's counterclaims. We affirm.

Background

In July 2006, LHR s... More...   $0 (05-28-2009 - TX)

This is a summary judgment case. Appellant, Deleaser L. Rivers, filed suit against appellee, Charlie Thomas Ford, Ltd. d/b/a Charlie Thomas Ford, asserting numerous causes of action arising out of her purchase of a 2002 Ford Mustang. Eventually, the trial court disposed of appellant=s causes of action by granting of two motions for summary judgement filed by appellee which in turn were incorpor... More...   $0 (06-04-2009 - TX)

Merck & Co., Inc. (AMerck@), appeals from a jury verdict in a personal-injury and wrongful-death suit filed by Carol Ernst in which she alleged that ingestion of Vioxx caused the sudden cardiac death of her husband, Bob Ernst. Merck raises four issues in which it challenges the legal and factual sufficiency of the evidence to support the jury=s verdict on causation, strict liability, negligence, ... More...   $0 (06-04-2009 - TX)

The court issued a unanimous opinion in this case on August 26, 2008. Appellant Texas Mutual Insurance Company moved for rehearing. After receiving a response from appellee P. Lance Morris, the court grants the motion for rehearing in part, withdraws the earlier opinion, vacates the earlier judgment, and issues this substitute opinion and new judgment in their place.

I. Introduction
<... More...   $0 (06-04-2009 - TX)

Plaintiffs-Appellants Curtis L. Delancey and Marian D. Delancey (“Plaintiffs”) sued Defendant-Appellee the City of Austin (“the City”) seeking monetary damages under the Uniform Relocation Assistance and Real Property Acquisition Policy Act (“URA”), 42 U.S.C. § 4601 et seq. The district court granted summary judgment in favor of the City, holding that the URA does not provide a privat... More...   $0 (06-03-2009 - TX)

Scott Martin sued his brother Ruben Martin on a breach of contract theory claiming that Defendant failed to perform obligations assumed by him in a settlement agreement.

The defenses asserted by Defendant are not available.... More...   $3200000 (05-30-2009 - TX)

Kimberly Owen sued Harris County claiming that she was sexually harassed by her immediate supervisor and the County failed to protect her from the harassment when she complained. She also claimed that she was fired when she was arrested for DUI when a male in the same position would not have been fired.

The defenses asserted by Defendant are not available... More...   $253000 (05-27-2009 - TX)

R. Lowell and Paula E. Gaut appeal the trial court's judgment rendering their deed to 47.71 acres void. The Gauts raise seven issues on appeal; however, we address only the first issue, which requires us to reverse the trial court's judgment and render judgment in favor of the Gauts.

Background

In this trespass to try title lawsuit, Miguel R. and Gloria R. Daniel sought to establish ... More...   $0 (05-20-2009 - TX)

Seymour G. Perkins appeals the trial court's order affirming an order of the Dangerous Structure Determination Board of the City of San Antonio (the "Board"). Perkins presents nine issues on appeal; however, several of these issues are duplicative. The primary complaints raised by Perkins are: (1) the trial court deprived him of his right to present evidence at the hearing conducted by the trial c... More...   $0 (05-20-2009 - TX)

This is an accelerated appeal, in a medical malpractice dispute, from the trial court’s denial of motions to dismiss, under section 101.106(f) and chapter 74 of the Texas Civil Practice and Remedies Code. Plaintiff Andre Glenn sued Defendants Dr. April Hain and Physician Assistant Terry A. Leonard who were employed by Bexar County Hospital District d/b/a University Health Systems (UHS). Glenn ... More...   $0 (05-20-2009 - TX)

Appellants April and Joshua Van Hoose, appearing pro se, appeal from the trial court's grant of summary judgment in favor of Vanderbilt Mortgage and Finance, Inc., on a breach of contract claim regarding a manufactured home retail installment contract. We affirm the trial court's judgment.


BACKGROUND

Vanderbilt was the holder of a manufactured home retail installment contract si... More...   $0 (05-08-2009 - TX)

Larry L. Richard, Individually and as Personal Representative of the Estate of Larry Freeman Richard, Jr., Deceased, Theresa Richard as Next Friend to Brooke Richard and Britni Richard, Minors, Brandi Richard, and Larry Freeman Richard, Sr. (collectively, "the Richards") sued the City of Austin d/b/a Austin Energy Corporation ("the City") for damages arising out of Larry Freeman Richard, Jr.'s dea... More...   $0 (05-13-2009 - TX)

Gregory Daniels sued Balcones Woods Club, Inc. ("Balcones Woods Club"), Douglas Huyck, John Schexnayder, Thomas Terry, Bonnie Lockhart, and William Dugat III, individually and as managing partner of Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P. ("Bickerstaff Heath") for damages arising out of their conduct in pursuing an earlier lawsuit that resulted in Daniels's being permanently ... More...   $0 (05-25-2009 - TX)

Appellant, Gurumurthy Kalyanaram, filed a petition for bill of review seeking to set aside a final judgment rendered pursuant to a settlement agreement that he reached with appellees, the University of Texas System, the University of Texas at Dallas ("UTD"), Franklyn Jenifer, Hobson Wildenthal, Hasan Pirkul, and Robert Lovitt (collectively, "the University"). (1) Claiming that the University procu... More...   $0 (05-20-2009 - TX)

In this restricted appeal, Tough Corp. ("Tough") appeals from a default judgment rendered against it. See Tex. R. App. P. 30 (allowing party who did not participate in hearing that led to judgment complained of and who did not file postjudgment motion or notice of appeal or request findings and conclusions to file notice of appeal within six months of date judgment is signed). We will reverse the... More...   $0 (05-21-2009 - TX)

Appellee Louis Silverman, M.D., sued the City of Austin, appellant, under the Texas Tort Claims Act ("the Act"), see Tex. Civ. Prac. & Rem. Code Ann. §§ 101.001-.109 (West 2005 & Supp. 2008), alleging that he was injured in a fall on a downtown sidewalk. Silverman asserted a premises-defect claim and stated that the City's immunity from suit was waived under the Act. (1) See id. § 101.022 (Wes... More...   $0 (05-21-2009 - TX)

Alegria Olivarez sued her former employer, the University of Texas at Austin (UT-Austin), alleging discrimination based on national origin and retaliation. See Tex. Lab. Code Ann. §§ 21.051, .055, .110 (West 2006). UT-Austin filed a plea to the jurisdiction asserting that Olivarez's suit was barred because she did not file an administrative complaint with the Texas Commission on Human Rights (T... More...   $0 (05-21-2009 - TX)