Thursday, March 02, 2006

This month at the Texas Supreme Court: www.law.com has this list of petitions and petitions for discretionary review granted by the Texas Supreme Court. Cases set for oral argument this month include:

  • Brust v. MBNA Bank of America, NA, No. 05-0559
    Granted Feb. 24
    Issue: Whether, after a credit-card-debt arbitration, the trial court properly struck petitioner's discovery requests that sought proof of her consent to arbitration, and affirmed the arbitrator's award of damages to the bank, where the petitioner asserted the credit card had been fraudulently obtained through identity theft.
    Set for oral argument March 23.
  • Ben Bol-Palito Blanco Consolidated Independent School District v. Texas Political Subdivisions Property/Casualty Joint Self-Insurance Fund, No. 05-0340
    Granted Feb. 24
    Issue: Whether local-government entity TPS, which provides property and casualty insurance to school districts through a self-insurance pool and which denied a school district's mold-and-water-damage claim, enjoys sovereign immunity from the district's suit.
    Set for oral argument March 22.
  • City of San Antonio v. Mark Hartman, et al., No. 05-0147
    Granted Feb. 24
    Issue: Whether the city of San Antonio enjoys sovereign immunity from a wrongful-death, premises-liability suit under the Texas Tort Claims Act, where plaintiffs' decedents drowned after their car was swept away on a flooded road.
    Set for oral argument March 23.
  • Southwestern Bell Telephone Co. LP v. Mitchell, No. 05-0171
    Granted Feb. 24
    Issue: Whether the Texas Supreme Court's decision in Continental Casualty Co. v. Downs -- finding that a carrier that fails to begin worker's compensation benefit payments or send a notice of refusal to pay to the claimant within seven days of receiving written notice of injury has waived its right to contest compensability -- should be applied retrospectively to cases arising before the decision was issued.
    Set for oral argument March 23.