37 results for 'judge:"Christopher"'.
J. Christopher finds that the trial court properly denied the law firm's dismissal motion under the Texas Citizens Participation Act in the former client's legal malpractice suit over the alleged failure to protect its lien rights for an electrical substation project. The firm did not show the allegations in the suit involve the exercise of the right to petition, so the TCPA does not apply. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: April 2, 2024, Case #: 14-22-00741-CV, Categories: Anti-slapp, Legal Malpractice
J. Christopher partly grants mandamus relief to the transmission and distribution utilities (TDUs) seeking to vacate the partial denial of their motions to dismiss retail customers' claims in certain "bellwether cases" relating to power outages during Winter Storm Uri in February 2021. Based on the language of the pro forma tariff that applies, the TDUs are not liable for the customers' negligence and negligent nuisance claims. Also, the customers did not raise a fact question for the strict-liability nuisance claims. Though, the tariff does not bar the customers' gross negligence or intentional misconduct claims.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: April 2, 2024, Case #: 14-23-00095-CV, Categories: Civil Procedure, Negligence
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J. Christopher finds that the trial court properly ruled in favor of the auto parts delivery driver in her personal injury suit over a rear-end crash caused by another driver. The evidence sufficiently supports the damages awarded to the delivery driver for medical expenses and the finding that the accident caused the injuries to her cervical spine and hand. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: March 5, 2024, Case #: 14-23-00338-CV, Categories: Evidence, Damages, Negligence
[Consolidated.] J. Christopher finds that the trial court improperly denied summary judgment to ExxonMobil in litigation stemming from a fire and explosion at its plant in Baytown that resulted in injuries to employees of subcontractors. ExxonMobil "conclusively established its exclusive-remedy defense under the Texas Workers' Compensation Act" by showing it had an agreement to provide workers' comp coverage to the subcontractors' employees. Reversed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: February 29, 2024, Case #: 14-22-00863-CV, Categories: Employment, Tort, Workers' Compensation
J. Christopher finds that the inmate was properly civilly committed as a sexually violent predator. The evidence sufficiently supports the finding that he has a behavioral abnormality that "predisposes" him to sexually violent offenses, and he did not show the testimony of the forensic psychologist was unreliable. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: February 27, 2024, Case #: 14-22-00742-CV, Categories: Evidence, Commitment
J. Christopher finds that the trial court properly ruled in favor of the employer of a drunk driver, its off-duty employee, who left his friend's house in a work vehicle and crashed into a pickup on Christmas Eve. There is no evidence the accident was "proximately caused" by the employer's negligent supervision or training. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: February 27, 2024, Case #: 14-23-00417-CV, Categories: Employment, Negligence
J. Christopher finds that defendant was properly convicted of felony murder for an incident in which he stole a tow truck and pinned its driver between the tow truck and a repossessed vehicle, before running him over. There was sufficient evidence to support both elements of the offense, and this includes defendant admitting that he committed unauthorized use of a motor vehicle and witness testimony of the victim being pinned between the vehicles. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: February 15, 2024, Case #: 14-23-00126-CR, Categories: Evidence, Murder, Vehicle
J. Christopher finds that the trial court improperly dismissed the holding company's Chapter 21 claim against the state in a dispute over the repurchase of property previously taken by the state through eminent domain for a highway project. Chapter 21 allows for a "legislative waiver of immunity" in this case, so the state's plea to the jurisdiction was incorrectly granted. Reversed in part.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: December 28, 2023, Case #: 14-22-00559-CV, Categories: Government, Property, Jurisdiction
J. Christopher finds that the trial court properly ruled in favor of the retail electric provider in a dispute with the commercial property owner over its refusal to pay the high rates set by ERCOT in response to the electricity demand during Winter Storm Uri in February 2021. The parties' contract required the electric provider to "adhere to its pre-defined pricing formula" that required the use of the Real Time Index Price. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: November 30, 2023, Case #: 14-22-00469-CV, Categories: Energy, Contract
J. Christopher finds that the lower court properly reversed the education commissioner's decision upholding the school district's termination of a teacher's contract relating to her actions in administering the STAAR test. The evidence did not show that the teacher violated "accepted standards of conduct for the profession as generally recognized and applied in similarly situated school districts" in Texas. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: November 16, 2023, Case #: 14-22-00418-CV, Categories: Education, Employment, Contract
J. Christopher finds that the trial court properly ruled in favor of the insurer in a suit involving alleged hurricane damage to a property. The property owners' argument regarding the exclusion of certain repair estimates lacks merit. Also, costs should have been assessed against the property owners. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: November 2, 2023, Case #: 14-22-00292-CV, Categories: Evidence, Insurance, Property
J. Christopher finds that the lower court improperly held that the insurer, the victim of fraud, may only record the abstract of a lien on a $10 million restitution order. The Mandatory Victims Restitution Act provides a mechanism by which a private victim may enforce such a lien, so the insurer may seek to compel the sale of the fraudster's interest in a home. Reversed.
Court: New York Appellate Divisions, Judge: Christopher, Filed On: November 1, 2023, Case #: 05503, Categories: Property, Damages
J. Christopher finds that the trial court improperly denied the special appearance filed by one of the accused companies in a Jones Act case brought by the widow of a seaman who allegedly sustained fatal injuries in a forklift accident on a ship. The Swiss company "lacks minimum contacts with Texas" and is not subject to the trial court's jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: October 26, 2023, Case #: 14-22-00470-CV, Categories: Maritime, Tort, Jurisdiction
J. Christopher finds that the trial court properly terminated the father's parental rights to his child based on sufficient evidence of endangering conduct. The father had a "history of incarceration" and criminal conduct that subjected the child to a "life of uncertainty and instability." Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: October 12, 2023, Case #: 14-23-00377-CV, Categories: Evidence, Family Law