Texas Supreme Court Orders and Opinions — 4/13/18

Posted by Rich PhillipsThis morning, the Supreme Court of Texas issued opinions in six argued cases. The Court also issued an opinion on rehearing in a much-watched insurance case from last term and issued three per curiam opinions.The opinion on rehearing in USAA Lloyds Co. v. Menchaca, No. 14-0721, produced a highly fractured set of opinions about the procedural effect of the Court’s holdings, but those holdings and the ultimate disposition (reverse and remand for a new trial) remain the same. For an idea about just how fractured the opinions are, here is the description of the various opinions from the order list:The other issues addressed this morning include retained-acreage clauses in oil and gas leases, recovery of quantum merit attorney fees in lieu of a written contingency fee agreement, whether an employee was acting in the course and scope of his employment when driving from a drilling site, application of the whistleblower act to employees of charter schools, effect of finality language in a judgment, the discovery rule, and discovery sanctions.Because I am writing this post standing in line for the tram tour at NASA Houston on a school field trip, I will post more complete summaries of the opinions next week. In the meantime, access the complete order list here.