law-consumer-law

Consumer Law Decisions from Texas Supreme Court (Tex. 2008)

New Texas Auto Auction Services, LP. v. Gomez de Hernandez, No. 06-0550 (Tex. Mar. 28, 2008)(Brister)
(consumer law, auctioneer liability for selling defective car, wrongful death)
NEW TEXAS AUTO AUCTION SERVICES, L.P. D/B/A BIG H AUTO AUCTION v. GRACIELA GOMEZ DE
HERNANDEZ, ET AL.; from Hidalgo County; 13th district (13- 03-00728-CV, 193 S.W.3d 220, 04-06-06)
The Court reverses the court of appeals' judgment and reinstates the trial court's judgment.
Justice Brister delivered the opinion of the Court.

Daimler Chrysler Corp. v. Inman, No. 03-1189 (Tex. Feb. 1, 2008)(Opinion by Justice Nathan Hecht)
(consumer law,
product liability, class action dismissed on standing grounds, jurisdictional dismissal, DWOJ)
DAIMLERCHRYSLER CORPORATION v. BILL INMAN, DAVID CASTRO, AND JOHN WILKINS, EACH
INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; from Nueces County; 13th district
(
13-02-00415-CV, 121 S.W.3d 862, 11/20/03)
The Court reverses the court of appeals' judgment and dismisses the case for want of jurisdiction. Justice
Hecht delivered the opinion of the Court, in which Justice Wainwright, Justice Brister, Justice Medina, and
Justice Willett joined.
Chief Justice Wallace
Jefferson delivered a dissenting opinion, in which Justice Harriet O'Neill, Justice
Paul Green, and Justice Phil Johnson joined.

COURT OF APPEALS CASES IN WHICH PETITION FOR REVIEW WAS DENIED
BY THE TEXAS SUPREME COURT

09‑0631  ELIJAH W. RATCLIFF v. LHR, INC.; from Polk County;
9th district (
09‑07‑00566‑CV, ___ SW3d ___, 05‑28‑09, pet. denied Oct 2009)
(
debt suit, breach of retail installment contract, summary judgment for plaintiff suing as assignee affirmed,
no-evidence motion for summary judgment on counterclaim granted and affirmed, adequacy of time prior to
no-evidence summary judgment)

08‑0784  
FOXWORTH-GALBRAITH LUMBER COMPANY v. ROBERT PAVELKA AND DENA PAVELKA; from
McLennan County; 10th district (
10-07-00246-CV, ___ SW3d ___, 08‑06‑08)
Robert and Dena Pavelka filed suit against Foxworth-Galbraith Lumber Co. alleging that Foxworth-Galbraith
had supplied them lumber which was infested with powderpost beetles.  The Pavelka alleged claims for
breach of contract, negligent misrepresentation, breach of warranty, and DTPA violations.  A jury found: (1)
Foxworth-Galbraith had supplied lumber which was defective because it was not fit for its ordinary purposes;
(2) the Pavelkas suffered damages in the amount of $17,384; and (3) the parties were each fifty percent
responsible for the damages.  The jury refused to find in the Pavelkas’ favor on their other claims.  The court
rendered judgment awarding the Pavelkas $8,662.  We will reverse and remand.

08-0284  
ERNEST BUSTOS v. SCHWABE, WILLIAMSON & WYATT, P.C.; from Bexar County; 4th district
(04-07-00081-CV, ___ SW3d ___, 01-23-08)(
attorney-client, suit by law firm against client over fees, DTPA
counterclaim,
motion to recuse judge denied)


APPELLATE CASELAW LINKS

law ADR-family-law
law ADR
law DSA
law HCLC
law ILA
law TTCA  
law WBA

law animals
law arbitration  
law attorney-client-disputes
law attorneys-fees  
law breach-of-warranty
law child-support
law citation
law civil-commitment  
law class-actions
law condemnation  
law construction  
law consumer-law  
law contract
law default-judgment  
law discovery-disputes  
law discovery-presuit  
law divorce-property-division    
law domestication-enforcement-of-foreign-judgment  
law easement
law election-law  
law employment   
law estoppel  
law family-law-international  
law family-law  
law foreclosure
law forum-selection    
law governmental-entities-local  
law governmental-entities-state-agencies  
law governmental-immunity   
law home-owner  
law individual-capacity    
law informed-consent    
law insurance-business-regulation   
law insurance-duty-to-defend-indemnify     
law jury-selection   
law juveniles   
law leases  
law liens   
law limitations    
law motion-for-new-trial   
law motion-to-reinstate  
law nonsuit   
law official-capacity  
law parental-rights  
law parol-evidence-rule  
law plenary-power  
law post-divorce-actions    
law premises-liability  
law prisoner-suits   
law pro-se-suits  
law probate   
law product-liability  
law property-taxes  
law public-employment  
law recusal
law religion  
law residential-construction  
law restricted-appeal   
law ripeness-doctrine  
law sanctions     
law sovereign-immunity   
law special-appearance  
law standing-doctrine    
law statutory-construction    
law temporary-orders-TRO    
law termination-of-parental-rights    
law test-for-abuse-of-discretion   
law unauthorized-practice-of-law-UPLC   
law venue  
law water    
law workers-comp   
law workplace-injury