Texas Supreme Court Today - 11/13/15

Posted by Rich PhillipsIn its weekly order list this morning, the Supreme Court of Texas did not issue any opinions or grant review in any new cases.The Court heard oral argument this morning in Abilene in two cases. You can access the argument recordings here.No. 14-0362, Christus Health Gulf Coast v. Carswell – This case arises from a dispute between a hospital and the survivors of a patient who died at the hospital. The issue is whether a claim that the hospital fraudulently obtained consent from the decedent’s widow for an autopsy. The hospital contends that the fraud claim is an improperly recast healthcare-liability claim that is governed by the Texas Medical Liability Act. In a cross-petition for review, the decedent’s survivors complain about the court of appeals’ reversal of a monetary sanction against the hospital for spoliation of evidence and about the calculation of prejudgment interest.No. 14-0456, KBMT Operating Co. v. Toledo – This is an interlocutory appeal under the Texas Citizens Participation Act (“TCPA”). The primary issue is whether the plaintiff carried her burden to show a prima facie case for her claim, including whether the fair-report privilege bars her defamation claim. The Court also asked the parties to submit supplemental briefs on whether the Court has jurisdiction over this interlocutory appeal.