Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of April 14, 2014

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.

United Food & Commercial Workers Int’l Union v. Wal-Mart Stores, Inc., No.02-13-00353-CV < (Apr. 17, 2014) Walker, J., joined by Livingston, C.J., and Gardner, J.).

Held: Because Appellees established by clear and specific evidence a prima facie case for each essential element of their trespass claim and because Appellants failed to establish by a preponderance of the evidence each essential element of the defense of consent, the trial court did not err by denying Appellants’ motion to dismiss under the Texas Citizens’ Participation Act.

p> 

Byrd v. Phillip Galyen, P.C., No.02-13-00359-CV (Apr. 17, 2014)(Gabriel, J., joined by Livingston, C.J., and Walker, J.).

<

Held: The sole-proximate-cause bar does not apply to legal-malpractice claims arising out of a civil remedial-contempt order. The bar also does not apply to the appellants who were not parties to the action out of which the remedial-contempt order arose.

 

« Return to Case Summaries Home Page «