Texas Supreme Court Orders - 10/6/17

Posted by Rich PhillipsIn its weekly order list this morning, the Supreme Court of Texas did not issue any new opinions. The Court accepted a certified question from the United States Court of Appeals for the Eleventh Circuit.In No. 17-0781, Bergin v. Mentor Worldwide, LLC, the Court has been asked to resolve a question about the applicability of the discovery rule in a medical-device liability case. The certified question is:In a product liability case, does Texas’ discovery rule require a plaintiff to have some knowledge of possible wrongdoing on the part of the manufacturer—i.e., a causal connection between the injury and the manufacturer’s conduct—before the plaintiff’s claims can accrue?A date for argument has not yet been set.The Court also abated a case that was scheduled for argument next week (No. 15-0279, Arnold v. Gonzalez), because the parties have informed the Court that they have reached a settlement.Finally, the Court dismissed as moot a case that was scheduled for argument in November (No. 16-0617, In re the Guardianship of Edwin Wooley), because the person whose guardianship was at issue in the case has died. The State (who was the petitioner) had asked the Court not to dismiss the case, arguing that the issues were not moot because they were capable of repetition yet evading review. The State had also asked that if the Court dismissed the case as moot, it vacate both the judgment and the opinion of the lower court. The Supreme Court dismissed the case and vacated only the judgments of the court of appeals and the trial court.