Texas Supreme Court Orders - 2/16/16

 Posted by Rich PhillipsFor the second month in a row, the Texas Supreme Court has issued a mid-week order list on a conference day. Again, it appears that the Court voted to grant these two cases today and issued the order today rather than Friday because argument has been set on a shorter than usual time frame. The Court granted a petition for review and set argument in a mandamus petition.No. 15-0563, Doctors Hosp. at Renaissance Ltd. v. Andrade – This appeal arises from a medical malpractice claim based on injuries sustained during the birth of the plaintiffs’ daughter. The issues are (i) whether a limited partnership that owns a hospital can be vicariously liable for alleged medical malpractice committed by a limited partner in the partnership and (ii) whether the general partner of the limited partnership can be vicariously liable. Argument will be held on March 10.No. 15-0631, In re J.B. Hunt Transp., Inc. – This mandamus petition arises from an accident in Waller County, Texas. Relator JB Hunt filed suit in Waller County but did not immediately serve the defendants. Relator claims that it agreed to delay service until the defendants were out of the hospital. A few days later, the defendants filed suit in Dallas County and served citations. The Dallas County court denied JB Hunt’s plea in abatement and the court of appeals denied mandamus relief. Argument will be held on March 9.