Texas Supreme Court Argument Preview (1/12/16)

Posted by Rich PhillipsOn Tuesday, January 12, 2016, the Supreme Court of Texas will hear argument in the following three cases:No. 14-0507, INEOS USA v. Elmgren – A contractor was injured in an accident at a chemical plant, and the primary issue on appeal is whether Texas Civil Practice and Remedies Code Chapter 95 is categorically limited to premises-liability claims or whether it also applies to negligent-activity and negligent-undertaking claims.No. 14-0538, Cornerstone Healthcare Group v. Nautic Management, and No. 14-0539, Cornerstone Healthcare Group v. Reliant Splitter, L.P. – These two cases raise nearly identical issues regarding personal jurisdiction. One case relates to the jurisdiction of three private equity funds organized as limited partnerships, and the other relates to jurisdiction of the general partner of these funds. The issue is whether a nonresident private equity fund, acting through its general partner, is subject to personal jurisdiction in Texas in a lawsuit challenging the transaction through which wholly-owned subsidiaries of the private equity firms bought a chain of Texas hospitals.No. 15-0489, Janvey  v. Golf Channel, Inc. – The primary issue in this certified question from the Fifth Circuit, which arises from the Stanford fraud litigation, is the meaning of “reasonably equivalent value” as used in the Texas Uniform Fraudulent Transfer Act. Specifically, the Court is asked to clarify whether “reasonably equivalent value” should be measured from the perspective of creditors or from the perspective of the general market. (In the interest of full disclosure, Thompson & Knight represents Mr. Janvey in his capacity as the court-appointed receiver for the Stanford entities. We are not involved in this case.)You can watch oral argument live (or go back and watch the recording later) here.