Friday, June 30, 2006

The Texas Supreme Court issued 23 new opinions today, most of which are short per curiam opinions that can be accessed here.

Included among the 23 cases that the Court decided today are many cases that the Court has been pondering for a long time. Including, Reata Construction Corp. v. City of Dallas, a case that involved withdrawing an opinion by the Court from April of 2004. Justice Johnson wrote this majority opinion discussing whether the City of Dallas has governmental immunity from suit for claims by Reata Construction Corporation arising from the City’s alleged negligence. The Court concluded that "the City does not have immunity from suit as to Reata’s claims which are germane to, connected with, and properly defensive to the City’s claims, to the extent Reata’s claims offset those asserted by the City."

Justice Brister wrote this concurring opinion, which was joined by Justices Hecht and O'Neill.

In another case, Dew v. Crown Derrick Erectors, the Court addressed the issue of whether, in a wrongful death and survival action, the trial court erred in refusing to submit an inferential rebuttal instruction on “new and independent cause.” Justice Medina delivered this plurality opinion, Justice Brister filed this concurring opinion, and Justice Johnson filed this dissenting opinion.