Argument Week in the SCOTX
So, the first week in October, and it's argument week again, Campers.
The court has nine cases over three days and here are some of the issues to be covered:
October 4:
- SafeShred, Inc. v. Louis Martinez, III, No. 10-0426--Exemplary damages in the context of a Sabine Pilot wrongful discharge claim, including a due process challenge to the ratio of exemplary to actual damages
- Shell Oil Company, et al. v. Ralph Ross, No. 10-0429-- Limitations and tolling for an alleged breach of a mineral lease.
- Weeks Marine, Inc. v. Maximino Garza, No. 10-0435 -- Jones Act Damages
October 5:
- Natural Gas Pipeline Co. v. William Justiss, et al., No. 10-0451--Limitations and sufficiency of evidence in a nuisance claim.
- Hearts Bluff Game Ranch, Inc. v. The State of Texas and the Texas Water Development Board, No. 10-0491--Alleged takings of wetlands mitigation bank for reservoir development.
- Matthew W. Wasserman, M.D. v. Christina Bergeron Gugel, No. 10-0513--whether an alleged assault is a health care liability claim.
October 6:
- Port Elevator-Brownsville, LLC v. Rogelio Casados and Rafaela Casados, No. 10-0523 -- whether the worker's comp bar applies to a temporary worker.
- In re United Scaffolding, Inc., No. 10-0526 -- can the court mandamus an order granting a new trial on general factual sufficiency and "interest of justice" grounds, or is that specific enough?
- Rusk State Hospital v. Dennis Black and Pam Black, No. 10-0548--in an interlocutory appeal over the expert report in a med mal case, can the state raise subject matter jurisdiction, meaning the failure to invoke an an exception under the Texas Tort Claims Act, for the first time on appeal?
For the truly geeky (not that there's anything wrong with that), you can watch the arguments streamed live on the interwebs. And they're archived on itunes, right there with the Beatles and This American Life.
I'm particularly looking forward to the exemplary damages issue on Tuesday, the new trial mandamus on Thursday, as well as watching Houston colleagues Marie Yeates and Brett Busby argue on Tuesday and Wednesday respectively.
Cuz that's how I roll.
It will definitely be must see TV.
Welcome to the Appellate Record-- --the online community and virtual watering hole for appellate lawyers and anyone else who is comfortable with their inner law nerd.