Texas Supreme Court Opinions (Tex. 2009-2008)

MEDINA WRITES MAJORITY OPINION RESERVING FOR THE COURT THE DETERMINATION WHETHER
LACK OF LEGAL CAPACITY ON THE PART OF PLAINTIFF PRECLUDED ARBITRATION, RATHER THAN
OUTSOURCING THE QUESTION TO THE ARBITRATOR - HECHT DISSENTS AND TWO OTHER
JUSTICES WRITE SEPARATE CONCURRING OPINIONS.
In re Morgan Stanley & Co, Inc. No. 07-0665 (Tex. Jul. 3, 2009)(Medina) (arbitration vs. litigation:
legal capacity of party to arbitration agreement, who decides the issue?)
IN RE MORGAN STANLEY & CO. INC., SUCCESSOR TO MORGAN STANLEY DW, INC.; from Dallas
County; 5th district (05-07-00590-CV, ___ SW3d ___, 07-17-07 Opinion by the Dallas CoA)
The petition for writ of mandamus is denied.
Justice Medina delivered the opinion of the Court [pdf], in which Chief Justice Jefferson, Justice Wainwright,
Justice Green, Justice Johnson, and Justice Willett joined.
Justice Brister delivered a concurring opinion. [pdf]
Justice Willett delivered a concurring opinion. [pdf]
Justice Hecht delivered a dissenting opinion. [pdf]
(Justice O'Neill not sitting)

DIFFERENCE BETWEEN STATUTE OF REPOSE AND LIMITATIONS EXPLAINED WORKS FOR
DEFENDANT:
Galbraith Engineering Consultants, Inc. v. Pochucha, No. 07-1051 (Tex. Jun. 26, 2009)(Medina)
(claim based on construction defect causing water damage barred by statute of repose)(statute of repose
vs. statute of limitations)
GALBRAITH ENGINEERING CONSULTANTS, INC. v. SAM POCHUCHA AND JEAN POCHUCHA; from Bexar
County; 4th district (04 -07 -00119 -CV, 243 SW3d 138, 09-12-07)
motion for leave to file response to post submission brief granted
The Court reverses the court of appeals' judgment and renders judgment.
Justice Medina delivered the opinion of the Court. [pdf 11pgs]

In re Hall, No. 07-0322 (Tex, Jun. 12, 2009) (Medina)(juvenile justice, habeas corpus, access to justice,
free appointed counsel, statutory construction)
IN RE JAMES ALLEN HALL; from Bexar County; 4th district (04-07-00050-CV, ___ SW3d ___, 02-14-07)
The petition for writ of mandamus is denied.
Justice Medina delivered the opinion of the Court.

In Interest of JOA, No. 08-0379 (Tex. May 1, 2009)(Medina)(termination of parental rights appeal,
constitutionality of statement of points requirement for appeal from order terminating parent-child
relationship)
IN THE INTEREST OF J.O.A., T.J.A.M., T.J.M., AND C.T.M., CHILDREN; from Collingsworth County; 7th
district (07-07-00042-CV, 262 SW3d 7, 02-25-08)
The Court modifies the court of appeals' judgment, affirms the judgment as modified, and remands the
case to the trial court.
Justice Medina delivered the opinion of the Court.
Justice Willett delivered a concurring opinion.

City of San Antonio v. Pollock, No. 04-1118 (Tex. May 1, 2009)(Hecht)
(toxic tort, no municipal liability for public nuisance, poison gas leak underground seepage, causal
connection, knowledge of consequences)
CITY OF SAN ANTONIO v. CHARLES POLLOCK AND TRACY POLLOCK, INDIVIDUALLY AND AS NEXT
FRIENDS OF SARAH JANE POLLOCK, A MINOR CHILD; from Bexar County; 4th district (04-03-00403-CV,
155 SW3d 322, 08-18-04)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright,
Justice Johnson, and Justice Willett joined, and in all but Part II-C of which Justice Brister joined.
Justice Medina delivered a dissenting opinion, in which Justice O'Neill joined.
(Justice Green not sitting)

Phillips MD v. Bramlett, No. 07-0522 (Tex. Mar. 6, 2009)(Medina)
(insurance law, Stowers doctrine, liability cap)
BENNY P. PHILLIPS, M.D. v. DALE BRAMLETT, INDIVIDUALLY AND AS INDEPENDENT ADMINISTRATOR
OF THE ESTATE OF VICKI BRAMLETT, DECEASED, SHANE FULLER AND MICHAEL FULLER; from
Lubbock County; 7th district (07-05-00456-CV, 258 SW3d 158, 03-19-07)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Medina delivered the opinion of the Court, in which Justice Wainwright, Justice Brister, Justice
Johnson, and Justice Willett joined.
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson, Justice Hecht, and Justice
Green joined.

2008 Texas Supreme Court Opinions by Justice David Medina

PRODUCTIVITY: Justice Medina delivered the lowest number of opinions of any member of the
Court in FY 2008. Medina's 16 opinions include 6 majority opinions. He did not write any
dissenting or concurring opinions. The Court issued a total of 212 opinions in fiscal year 2008
including signed separate opinions by individual justices. 60 court opinions were issued per
curiam.

Pleasant Glade Assembly of God v. Schubert, No. 05-0916 (Tex. 2008) (Majority Opinion by
Justice Medina) (freedom of religion, tort immunity; intentional tort claim by church member for mental
anguish damages arising from anti-demon rituals including physical restraint barred by religious doctrine
immunity, plaintiff's argument that the court should be estopped from invoking constitutional first
amendment protection also rejected).
PLEASANT GLADE ASSEMBLY OF GOD, REVEREND LLOYD A. MCCUTCHEN, ROD LINZAY, HOLLY
LINZAY, SANDRA SMITH, BECKY BICKEL, AND PAUL PATTERSON v. LAURA SCHUBERT; from Tarrant
County; 2nd district (02-02-00264-CV, 174 SW3d 388, 09-15-05)
3 petitions | motion to strike denied
The Court reverses the court of appeals' judgment and dismisses the case.
Justice Medina delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice
Wainwright, Justice Brister, and Justice Willett joined.
Chief Justice Jefferson wrote a dissenting opinion, in which Justice Green joined, and in Parts II-A, III, and
IV of which Justice Johnson joined.
Justice Green delivered a dissenting opinion.
Justice Johnson delivered a dissenting opinion.

JCW Electronics, Inc. v. Garza, No. 05-1042 (Tex. 2008) (Opinion by Justice David Medina)
(UCC breach of implied warranty claim in PI, death case a tort for purposes of comparative responsibility
statute; recovery barred)
JCW ELECTRONICS, INC. v. PEARL IRIZ GARZA, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF
ROLANDO DOMINGO MONTEZ, DECEASED, AND BELINDA LEIGH CAMACHO, INDIVIDUALLY AND AS
NEXT FRIEND OF ROLANDO KADRIC MONTEZ, A MINOR CHILD; from Cameron County; 13th district
(13-02-00577-CV, 176 SW3d 618, 10-13-05)
The Court reverses the court of appeals' judgment and renders judgment.
Justice David Medina delivered the opinion of the Court.
Chief Justice Jefferson delivered a concurring opinion, in which Justice O'Neill joined.

Guitar Holding Co. LP, No. 06-0904 (Tex. May 30, 2008)(Medina) (water rights, administrative law,
challenged district rule governing water transfers found invalid)
GUITAR HOLDING COMPANY, L.P. v. HUDSPETH COUNTY UNDERGROUND WATER CONSERVATION
DISTRICT NO. 1, ET AL.; from Hudspeth County; 8th district (08-04-00296-CV and 08-05-00115-CV, 209
S.W.3d 172, 08-31-06)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Medina delivered the opinion of the Court.

Bic Pen Corp. v. Carter, No. 05-0835 (Tex. Apr. 18, 2008)(David Medina)
(products liability, design defect claim, implicit federal preemption of state tort law, manufacturing defect
claim)
BIC PEN CORPORATION v. JANACE M. CARTER, AS NEXT FRIEND OF BRITTANY CARTER; from
Matagorda County; 13th district (13-03-00560-CV, 171 S.W.3d 657, 08-18-05)
The Court reverses the court of appeals' judgment and remands the case to that court.
Justice Medina delivered the opinion of the Court. (Justice Green not sitting)

In Re Bazan, No. 06-0952 (Tex. Mar. 28, 2008)(Medina)
(mandamus) (removal of local official based on criminal conviction)
IN RE EDUARDO "WALO" GRACIA BAZAN;
from Hidalgo County; 13th district (13-06 00616-CR, ___ S.W.3d ___, 11-01-06)
stay order issued November 30, 2006, lifted
The Court denies the petition for writ of mandamus.
Justice Medina delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
O'Neill, Justice Wainwright, Justice Brister, Justice Green, and Justice Johnson joined.
Justice Willett delivered a concurring opinion. in In Re Bazan, No. 06-0952 (Tex. Mar. 28, 2008)

El Paso Hospital District v. Texas Health and Humans Services Comm.,
No. 05-0372 (Tex. Feb. 22, 2008)(Substitute opinion by Justice David Medina) (agency authority)
EL PASO HOSPITAL DISTRICT D/B/A R.E. THOMASON GENERAL HOSPITAL DISTRICT, ET AL. v. TEXAS
HEALTH AND HUMAN SERVICES COMMISSION AND DON GILBERT, COMMISSIONER; from Travis
County; 3rd district (03-03-00770-CV, 161 S.W.3d 587, 01/21/05)
motion for rehearing granted
opinion and judgment issued August 31, 2007, withdrawn
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Medina delivered the opinion of the Court.