Cases

Opinions

Click on the opinions below to view in PDF format.

General Electric
An asbestos plaintiff who worked in Maine and allegedly was exposed to asbestos there brought suit in Texas to recover for his injuries.  The defendants objected to being sued in Texas, and asked the Judge to dismiss the case, and force the Plaintiff to re-file his case in Maine.  The judge refused to dismiss, and the case went to the Texas Supreme Court and the Supreme Court was asked to reverse the decision.  With the amicus support (amicus brief attached), and the case did get reversed.

Richards – General Electric Amicus Brief
GE Opinion

Gilmore v. SCI Texas Funeral Services
In this case, the Plaintiff sued over a tragic misfortune during a funeral service.  As the casket of the deceased (a beloved daughter of the plaintiff) was lowered into the grave, the lowering mechanism broke and the casket crashed into the grave, falling open, and resulting in obvious distress to all the viewers.  When the case was tried, a jury determined that the family had suffered ZERO damages.  On appeal, though, the appellate court reversed, and said that the jury could not have rationally made a ZERO determination.

Final copy of brief with appendix
Gilmore opinions

Providence v. Dowell
Mr. White represented a local hospital in a case where it was alleged that the hospital failed to adequately screen a patient who had recently attempted suicide for a continuing suicide risk.  After the patient was discharged, he tragically committed suicide, and his family won the case a trial.  The Texas Supreme Court reversed a substantial judgment and held the hospital was not liable for the death.

Brief on the Merits – Final Version
Providence v. Dowell opinions

First Title Company v. Garrett
This is one of only a few cases in Texas that have held a title company liable for misrepresentation that was included in the Title Commitment issued to a customer.  The Supreme Court had previously held that customers could not sue for misrepresentations that arose from mistakes made by a title company’s search for exceptions to title.  But, in the Garrett case, the Court upheld liability.

Garrett v. First Title Company

Public Varieties of Mississippi v. Sun Valley Seed
This case was tried in Mississippi, and was the first case to decide who could enforce the inventor’s rights to a plant variety that was protected under Federal Law.  The inventor here tried to license the plant variety to a different entity, but under the specific federal law, the judge held that only the inventor had the power to sue for infringement of his rights.

Public Varieties of Mississippi v. Sun Valley Seed

In Re: Parkland Hospital

This eminent domain case involved an attempt by Parkland Hospital to condemn a parking lot next door so that it could build a new hospital.  The issue was whether Parkland would have to deposit the money and let the landowner keep the money, or whether it could take the property now, and delay payment until after a jury trial was completed.

Mandamus Response – In Re: Parkland Hospital


Transcripts

Click on the transcripts below to view in PDF format.

Mr. Electric v. Brian Clark
In this case, tried in Waco Federal Court, the defendant was sued for violating trademark protections, and for breach of his franchise agreement.  The attachment is a cross-examination of the franchise company’s president and primary witness.  The case resulted in a defense decision in a bench trial.

Transcript of Jeff Myers


Other Cases

Providence Health Center v. Dowell, 262 S.W.3d 324 (Texas Supreme Court)

Texas Department of Criminal Justice v. Simons (Texas Supreme Court) (Actual Notice under the Texas Tort Claims Act)

Jernigan v. Langley, 195 S.W.3d 91(Texas Supreme Court)

Meyer v. Cathey, 167 S.W.3d 327 (Texas Supreme Court)

WFAA-TV, Inc. v. McLemore 978 S.W.2d 568 (Texas Supreme Court) (defining a public figure under Texas defamation laws)

1st Title Co. v. Garrett 860 S.W.2d 74 & d 254 (Texas Supreme Court), and 802 S.W.2d 254 (Tex. App. – Waco 1990) (dealing with liability of Title Insurance companies and credits for prior settlements)

General Electric Credit Corp. v. Midland Central Appraisal District, et al 826 S.W.2d 124 (Texas Supreme Court) (constitutional issues of double taxation under State Tax System)

Kennedy v. Hyde, 682 S.W.2d 525 (Texas Supreme Court) and 666 S.W.2d 325 (Tex. App.- Fort Worth 1984) (interpretation of Rules of Civil Procedure in Bank stock fraud case)

In re General Elec. Co., 271 S.W.3d 681 (Amicus) (Texas Supreme Court)

JCW Electronics, Inc. v. Garza, 257 S.W.3d 701 (Amicus) (Texas Supreme Court)

Excess Underwriters at Lloyd’s, London v. Frank’s Casing Crew & Rental Tools, Inc., 246 S.W.3d 42 (Amicus) (Texas Supreme Court)

Willingham v. State of Texas, 897 S.W.2d 351 (Texas Court of Criminal Appeals) (Death Penalty Direct Appeal)

United States v. Sauseda, 596 F.3d 279 (5th Cir.) – reversal of District Court decision on application of environmental enhancements in sentencing guideline

United States v. Reff, 479 F.3d 396 (5th Cir.) – appeal of murder conviction for lack of federal jurisdiction

United States v. Meshack, 244 Fed.3d 367 (5th Cir.) (Application of Apprendi in 5th Circuit)

United States v. Ortegon-Uvalde, 179 F.3d 956 (5th Cir.) – immigration appeal unconstitutional INS proceedings

Hummel v. Townsend, 883 F2d 367 (5th Cir.) (dealing with diversity of citizenship for unincorporated associations)

Doe v. Hillsboro I.S.D., 81 F.3d. 1395 (5th Cir.) (official liability of School District Officials for the rape of a student by a janitor) (en banc decision at 113 F.3d 1412)

FTC v. Assail, Inc., 410 F.3d 256 (5th Cir.) appeal of contempt hearing against attorneys who were ordered to disgorge fees

Jones v. Alcoa, Inc., 339 F.3d 359 (5th Cir.) – appeal of employment discrimination

George v. National Association of Letter Carriers, 185 F.3d 380 (5th Cir.) appeal of case involving tortuous interference by a union

In Re: Johnson, 322 Fed.3rd 881 (5th Cir. 2003) (Death Penalty – Stay of Execution granted)

Johnson v. Dretke, 394 F.3d 332 and 442 F.3d 901 (5th Cir.) (appeal of death penalty habeas corpus)

Johnson v. Cockrell, 306 F.3d 249 and 336 Fed.3rd 249 (5th Cir) (appeal of death penalty habeas corpus)

PVM v. Sun Valley Seed, 734 F.Supp 250 (N.D. Miss.) (Enforceability of Plant Variety Protection Act by assignee)

Beech Acceptance Corp. v. Connell 771 F.Supp. 1154 (D.Kan) (dealing with propriety of injunction in fraudulent transfer case under Texas and Kansas law)

Durish v. Uselton 763 F. Supp. 192 (N.D.Tex.) (dealing with statute of limitations for the receiver of an insolvent insurance company in case against officers and directors)

Brazos River Authority v. Brazos Electric Power Cooperative, Inc., 2010 Tex. App. LEXIS 4742 (10th Court of Appeals) (governmental immunity for suit on a contract where the contract did not involve the goods and services involved in the suit)

American Derringer Corp. v. Bond, 924 S.W.2d 773 (10th Court of Appeals) (malicious prosecution in a trade secret case)

Mattlage v. Mattlage, 243 S.W.3d 763 (10th Court of Appeals) (whether a gift in a will adeemed in the face of a conveyance of the property not completed prior to death of testator)

Mirick v. Blankenship 984 S.W.2d 771 (10th Court of Appeals) (proof necessary for the recovery of personal injury damages where expert testimony is unclear)

Trice v. State, 712 S.W.2d 842, 694 S.W.2d 325 (10th Court of Appeals) (State’s rights in navigable waters)

Utley v. Marathon Oil Co., 958 S.W.2d 960 (10th Court of Appeals) & 31 S.W.3d 274 (10th Court of Appeals) (Dispute over interpretation of oil and gas lease, and termination date)

Tranum v. Broadway, 283 S.W.3d 403 (10th Court of Appeals) (affirmed judgment for malicious prosecution and slander)

Farmer v. Holley, 237 S.W.3d 758(10th Court of Appeals) (Covenant not to compete)

Gilmore v. SCI Tex. Funeral Servs., Inc., 234 S.W.3d 251(10th Court of Appeals) (Zero damage award reversed and remanded)

Crosbyton Seed v. Mechura Farms, 875 S.W.2d 353 (13th Court of Appeals) (various issues on settlement credits and sufficiency of evidence in a dispute over seed quality)

Hamlin v. Gutermuth 909 S.W.2d 114 (1st Court of Appeals) (legal malpractice claims relating to conflicts of interest)

Forestpark Enterprises v. Culpepper 754 S.W.2d 775 (2nd Court of Appeals) (dealing with availability of implied warranties in commercial property)

Stone v. Moore, 255 S.W.3d 284 (10th Court of Appeals) (casual fence for grazing as evidence of a boundary by acquiescence)

City of Waco v. Texas Commission on Environmental Quality, 2010 Tex. App. LEXIS 7692 (3rd Court of Appeals) (Standing as an affected person under the Texas Water Code; case reversed on Motion for Rehearing, 2011 Tex. App. LEXIS 4644)

Bosque River Coalition v. Texas Commission on Environmental Quality, 2011 Tex. App. LEXIS 6043 (3rd Court of Appeals) (Standing as an affected person under the Texas Water Code for Citizen Association)

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