Second Court of Appeals | Case Summaries

Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of December 29, 2008

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Luxury Travel Source v. Am. Airlines, Inc., No. 02-08-00100-CV (Dec. 31, 2008) (Livingston, J., joined by Dauphinot and McCoy, JJ.).: Held: The trial court did not err by denying the special appearances of Luxury Travel Source d/b/a Luxury Tour Source, Ltd. and Main St. Travel Center of Monsey, Inc. American presented sufficient evidence that Luxury Travel used its contacts with Texas residents to deliberately induce activity in Texas by both Texas residents and American. In addition, the forum selection clause in American's addendum to the Airlines Reporting Commission Agreement (to which Main St. and American were parties) requiring Main St. to submit to Texas's jurisdiction in the event of any dispute does not fail for lack of fundamental fairness; thus, the trial court was obligated to enforce it. Finally, the trial court did err by denying the special appearances of Ben Weber and Mukesh Goyal a/k/a Mukesh Kumar; American did not present sufficient evidence that their individual activities in New York and Vancouver were purposefully directed at Texas or Texas residents.