Texas Supreme Court Argument Preview (9/17/14)

On Wednesday, September 17, 2014, the Texas Supreme Court will hear argument in three cases. The arguments will begin at 9:00 am, and you can watch them live. You can also watch the recording later at the same link.The cases set for argument are:12-0920, Hooks v. Samson Lone Star, LP – This complicated oil and gas dispute includes the following issues: (1) whether the plaintiffs acted with reasonable diligence such that the statute of limitations for their fraudulent inducement claim was tolled; (2) whether the court of appeals’ disposition of the fraud claim can be affirmed on alternative grounds that the court of appeals did not consider; (3) whether the court of appeals erred in its construction of a “most favored nations” clause related to royalties, in particular, whether a pooling agreement triggered the clause; (4) whether the plaintiffs ratified an amendment to a pooling agreement by accepting the higher royalty checks that resulted from the amendment; (5) whether the court of appeals erred in holding that the plaintiffs’ claim for breach of offset obligations is barred by the statute of limitations; (6) whether the court of appeals erred in reversing an award of attorneys’ fees; and (7) the proper post-judgment interest rate for the damages that were affirmed by the court of appeals.13-0042, Genie Industries, Inc. v. Matak – The plaintiff/respondent in this is product-liability suit claims that a stationary lift was defectively designed. The defendant/petitioner claims that the product was intentionally misused and that the plaintiff failed to offer adequate evidence of a safer alternative design.13-0053, State of Texas v. Clear Channel Outdoor, Inc. – This case arises from the expansion of the Katy Freeway near downtown Houston and involves the compensation owed to the owner of two billboards. The issues are: (1) whether the billboards are personal property or part of the realty; and (2) whether the trial court erred in determining the compensation owed to the billboards’ owners. – Rich Phillips, Thompson & Knight