SCOTX Roundup: New Opinions Today
Several new opinions today from the Supreme Court of Texas. Here's the skinny:
- Yes, you really do have to arbitrate and just because you say it is unconscionable don't make it so.
- No, a police report preliminarily assigning fault for an accident is not "actual notice," which is required for jurisdiction to obtain under the Texas Tort Claims Act.
- No, Texas is not the forum for the world, especially for Australians killed on offshore rigs located near Singapore.
- No, naturally accumulating ice in a Texas parking lot is not an "unreasonable risk of harm" from which a landowner must protect a business invitee.
- Yes, Baylor College of Medicine and its physicians are governmental entities and employees (respectively) when providing charity care at Ben Taub because the Legislature said so. This involves two cases, one with argument and a concurrence, and one PC. (Full disclosure and shameless plug: The Andrews Kurth Appellate Practice Group represented the defendants in those cases).
- And finally yes, you may have to forfeit your ill gotten gains, in addition to other damages that result from tortious conduct, if you breach your fiduciary duty by fraudulently inducing your partner to a buy out.
Your SCOTX at work!
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