2008 Opinions by Justice Wainwright (including concurrences, dissents) Columbia Medical Center of Los Colinas v. Hogue, No. 04-0575 (Tex. Aug. 29, 2008)(Wainwright) (HCLC med-mal gross negligence damages, contributory negligence, trifurcation of trial) Justice Brister delivered a concurring opinion, in which Justice Medina joined. Justice Green delivered an opinion concurring in part and dissenting in part, in which Justice Hecht joined. Justice Wainwright writes opinion denying public employee right to sue under the Texas Whistleblower Act; says plaintiff should have filed under another statute City of Waco, Texas v. Lopez, No. 06-0089 (Tex. July 11, 2008)(Opinion by Justice Wainwright) (public employment)(Retaliation claim should have been brought under TCHRA rather than Whistleblower Act, exclusive remedy) Providence Health Center v. Dowell, No. 05-0386 (Tex. May 23, 2008)(Hecht) (HCLC suicide risk management, medical treatment) (court concludes that discharge from Defendant's ER did not proximately cause young man's death by hanging.) - consolidated with - Pettit, D.O. v. Dowell (Tex. May 23, 2008) Justice Wainwright delivered an opinion concurring in part and dissenting in part. Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Medina joined. In re Team Rocket, LP, No. 06-0414 (Tex. May 23, 3008)(Opinion by Justice Green)(mandamus granted) (mandamus granted to enforce first transfer of venue, nonsuit and refiling in third county disapproved) Justice Wainwright delivered a concurring opinion, in which Chief Justice Jefferson and Justice O'Neill joined. In Re McAllen Medical Center, Inc., No. 05-0892 (Tex. May 16, 2008) (Majority Opinion by Scott Brister) (mandamus relief available to compel dismissal of medical malpractice suits) Justice Wainwright delivered a dissenting opinion, in which Chief Justice Jefferson and Justice O'Neill joined. Wainright okays new judicial approach to allow employers to have employees work for free - thwart their suits for unpaid wages. New opinion issued to justify denying claim for unpaid wages in court with novel theory of res judicata that accords preclusive effect to commission ruling (rather than to court of competent jurisdiction) and holds that a common law claim is barred even though the agency did not have jurisdiction to entertain it and dismissed administrative claim as untimely. It did not matter that the breach of contract claim had a four-year statute of limitations, and that limitations had not run on that claim. Igal v. Brightstar Information Tech Group. Inc., No. 04-0931(Tex. May 2, 2008) (substituted opinion by Justice Wainwright) )(substituted opinion by Justice Dale Wainwright) SALEH W. IGAL v. BRIGHTSTAR INFORMATION TECHNOLOGY GROUP, INC. AND BRBA, INC.; from Dallas County; 11th district (11-03-00099-CV, 140 S.W.3d 820, 06-30-04) The Court's opinion of December 7, 2007 is withdrawn and the opinion of this date is substituted. The dissenting opinion by Justice Brister and the judgment, issued December 7, 2007, remain in place. Wainwright writes opinion expanding doctors' rights to go after patients who bring malpractice suits Villafani v. Trejo, MD, No. 06-0501 (Tex. Apr. 18, 2008)(Wainwright) (medical malpractice suits, HCLC, ILA, denial of sanctions, effect of nonsuit on defendant's right to appeal denial of motion for sanctions) JUAN MARIO VILLAFANI, M.D. v. ADELA TREJO; from Cameron County; 13th district (13-04-00449-CV, ___ S.W.3d ___, 10-06-05) The Court reverses the court of appeals' judgment and remands the case to that court. Justice Wainwright delivered the opinion of the Court. Nationwide Ins. Co. v. Elchehimi, No. 06-0106 (Tex. Mar. 28, 2008)(Wainwright) (insurance coverage, breach of contract, claim denial) NATIONWIDE INSURANCE COMPANY v. MOHAMAD ELCHEHIMI, INDIVIDUALLY AND AS PARENT AND NEXT FRIEND OF KHALED ELCHEHIMI AND LUKMAN ELCHEHIMI, MINORS; from Ellis County; 10th district (10-04-00298-CV, 183 S.W.3d 833, 12-28-05) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment. Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Brister, Justice Green, Justice Johnson, and Justice Willett joined. Justice O'Neill delivered a dissenting opinion, in which Justice Medina joined. 2007 Opinions Written by Justice Dale Wainwright Wainright bars worker's court-filed claim for unpaid wages based on prior agency ruling, Brister writes a strongly worded dissent Igal v. Brightstar Information Technology Group, Inc. 04-0931 (Tex. Dec. 8, 2007)(Wainwright) (employment law, Texas Payday Act, res judicata based on commission's dismissal of statutory claim) SALEH W. IGAL v. BRIGHTSTAR INFORMATION TECHNOLOGY GROUP, INC. AND BRBA, INC.; from Dallas County; 11th district (11-03-00099-CV, 140 S.W.3d 820, 06/30/04) The Court affirms the court of appeals' judgment. Justice Wainwright delivered the opinion of the Court as to Parts I, II, III, IV.A, IV.B.2, and V, in which Justice Green, Justice Johnson, Justice Willett, and Justice McCoy joined, and an opinion as to Part IV.B. 1, in which Justice Green, Justice Johnson, and Justice Willett joined. Justice Brister delivered a dissenting opinion, in which Chief Justice Jefferson, Justice O'Neill, and Justice Medina joined. (Justice Bob McCoy sitting by appointment pursuant to section 22.005 of the Texas Government Code) (Justice Hecht not sitting) Court answers certified question from Fifth Circuit involving dispute between two insurers Mid-Continent Ins. Co. v. Liberty Mutual Ins. Co., No. 05-0261 (Tex. Oct. 12, 2007)(Wainwright) (apportionment of settlement amount between insurers, subrogation, contribution - certified question from the Fifth Circuit) 05-0261 MID-CONTINENT INSURANCE COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit. Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Brister, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined. Justice Willett delivered a concurring opinion. Attorney's fee claim remanded A.G. Edwards & Sons, Inc. v. Beyer., No. 05-0580 (Tex. Sep. 28, 2007)(Wainwright)(financial services, breach of contract, joint account with right of survivorship, probate code, attorney's fees) A.G. EDWARDS & SONS, INC. v. MARIA ALICIA BEYER; from El Paso County; 8th district (08-03-00495- CV, 170 S.W.3d 684, 06/30/05) The Court affirms the court of appeals' judgment in part, reverses in part, and remands the case to the trial court. Justice Wainwright delivered the opinion of the Court. New Opinion Issued in Dram Shop Act Case - 2006 Opinion Withdrawn F.F.P. Operating Partners, L.P. v. Duenez, No. 02-0381 (Tex. May 11, 2007)(subst. opinion by Wainwright (Opinion released Nov. 3, 2006 withdrawn)(Dram Shop Act) Dissent by Jefferson. Dissent by O'Neill Attorney Committed Pleading Abuse in Medical Malpractice Case, but $50,000 Sanction Was Not Supported By the Evidence; Case Remanded for Reconsideration of Amount of Penalty Low v. Henry, No. 04-0452 (Tex. Apr. 20, 2007)(Wainwright) [HCLC, Rule 13, sanctions for filing false baseless claims, nonsuit, notice and opportunity to respond] Because the attorney who filed the petition in this case obtained and directed the review of evidence that disproved some of the allegations pled against some of the defendants, the trial court correctly found that the attorney violated Chapter 10. However, we hold that the trial court abused its discretion in not providing a sufficient basis to support the imposition of a $50,000 penalty. We reverse the court of appeals’ judgment and remand the case to the trial court for proceedings consistent with this opinion. Citizens Ins. Co. of America v. Daccach, No. 03-0505 (Tex. Mar 2, 2007)(Justice Wainwright) [insurance, class certification, choice of law] As part of a trial court’s rigorous analysis for certification of a Rule 42(b)(3) class, a trial court must assess all of Rule 42’s requirements with awareness of res judicata’s preclusive effect on abandoned claims. See Bernal, 22 S.W.3d at 435. Although we hold that res judicata principles are applicable in class suits and could bar claims abandoned by the class representative, we do not dictate how plaintiffs should structure their case or which legitimate legal strategies they will pursue. We simply note that legal consequences attach to tactical and strategic decisions in class actions as in other lawsuits. While it is not per se inappropriate to abandon claims or for the trial court to certify a specific-issue class, the requirements of class certification must still be met. As we have cautioned above, a class representative’s abandonment of claims can affect the class representative’s ability to satisfy these requirements. Here the trial court failed to evaluate Rule 42’s prerequisites in light of the claims abandoned by the class representative. Therefore, we reverse the court of appeal’s affirmance of the trial court’s class certification order, decertify the class, and remand the case to the trial court for further proceedings consistent with this opinion. Tex. R. App. P. 60.2(d). Dissent by Chief Justice Jefferson In support of his writing, Justice Wainwright relies on language in Marmon v. Mustang Aviation, Inc., a case we decided a year before the Restatement (Second) of Conflict of Laws was approved for publication. See Restatement (Second) of Conflict of Laws, Introduction (1971); Marmon v. Mustang Aviation, Inc., 430 S.W. 2d 182 (Tex. 1968). But the second Restatement embodied a major shift in conflict-of-law analysis, abandoning “dogma” in favor the most significant relationship test and the factors relevant thereto outlined in section 6(2). See Restatement (Second) of Conflict of Laws, Introduction. The Restatement makes clear that these factors form the basis for courts’ choice-of-law determinations, “absent a binding statutory mandate.” Id. The TSA “in this state” language is a far cry from a binding statutory mandate that Texas law governs to the exclusion of the laws of the fifty nations from which the class members hale. I would remand the case for a proper choice-of-law analysis. Because I disagree with the Court’s treatment of that issue, I respectfully concur in the Court’s judgment but not in section IV of its opinion. 2007 Dissents and Concurrences by Justice Wainwright In Re Allied Chemical Corp. No. 04-1023 Tex. Jun. 15, 2007)(Jun. 15, 2006)(Brister)(mandamus) (procedural law) IN RE ALLIED CHEMICAL CORPORATION, ET AL.; from Hidalgo County; 13th district (13-04-00491-CV, ___ S.W.3d ___, 11-04-04) stay order issued March 28, 2005, lifted motion to lift stay, dismissed as moot second supplemental motion to lift stay, dismissed as moot motion to dismiss mandamus proceeding as moot, denied The Court conditionally grants the petition for writ of mandamus. Justice Brister delivered the opinion of the Court, joined by Justice Hecht, Justice Medina, Justice Green, and Justice Willett Justice Hecht delivered a concurring opinion Chief Justice Jefferson delivered a dissenting opinion, joined by Justice O'Neill, Justice Wainwright, and Justice Johnson Justice Wainwright delivered a dissenting opinion 2006 Opinions Authored by Justice Dale Wainwright In Re Texas Dep't of Family and Protective Services (TDPS), No. 04-1043 (Tex. Dec. 15, 2006) (Wainwright)(termination of parental rights suit, deadlines) Justice O'Neill delivered a dissenting opinion F.F.P. Operating Partners v. Duenez, No. 02-0381 (Tex. Nov. 3, 2006)(superseded opinion by Justice Wainwright) [Dram Shop Act, intoxication, negligence, proportionate responsibility] Chief Justice Jefferson delivered a dissenting opinion Justice O'Neill delivered a dissenting opinion Thomas v. Long, No. 03-0204 (Tex. Apr. 21, 2006)(Justice Wainwright) (interlocutory appeal, ILA, summary judgment vs. plea to the jurisdiction) Note: Justice Wainright also wrote and joined a number of dissenting opinions in 2006 |
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Click here for ---> Justice Wainwright's Official Bio and Photo Info on ---> All justices of the Texas Supreme Court and Intermediate Texas Courts of Appeals Republican Incumbent Dale Wainwright vs. Democrat Sam Houston 2008 Re-Election Campaign. Justice J. Dale Wainwright occupies position 7 on the Court. He is a Republican. His term expires in 2008. Dallas attorney Baltasar D. Cruz (link to campaign blog) and Houston Attorney Sam Houston aka Samuel A. Houston (link to campaign web site) sought the Democratic nomination to challenge Justice Dale Wainright in the 2008 general election. Sam Houston won the primary contest with 1,128,063 votes over Cruz, who garnered 890,334. Incumbent Wainright (campaign web site) did not draw a challenger in the Republican primary. Finding fault with Wainwright's productivity on the court, the Dallas Morning News has endorsed Wainwright's Democratic opponent in the general election contest. Also see --> Web page on Texas Appellate Judicial Campaigns and Elections | Texas Supreme Court Opinion Production - Totals by Judge Candidates' Answers to Questions Posed by the League of Women Voters (2008 Voter Guide) |
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