8 results for 'judge:"Boyd"'.
J. Boyd finds that the court of appeals improperly ruled in a trust case arising out of a suit filed by a brother against his sister, who allegedly unlawfully transferred funds from a family trust to herself and then to her two sons. After the probate court ruled the transfer void, the court of appeals vacated the case for lack of jurisdiction, citing that the sons are the appropriate parties of the case because they are now the owners of the stocks. On the issue of jurisdiction, the court of appeals incorrectly found that the probate court did not have the authority to rule on the case without the sons being included. Reversed.
Court: Texas Supreme Court, Judge: Boyd, Filed On: May 10, 2024, Case #: 22-0674, Categories: Civil Procedure, Trusts, Wills / Probate
J. Boyd grants the liability insurance agencies' petition for a writ of mandamus, ensuring that that they are not binded by a settlement agreement that was formed in prior litigation between an energy company and an investment fund group. The energy company was covered by the insurers, leading the investment group to sue them to recover damages. The agencies should be protected from being bound to the settlement agreement and the court of appeals improperly denied their petition.
Court: Texas Supreme Court, Judge: Boyd, Filed On: February 23, 2024, Case #: 22-0872, Categories: Insurance, Settlements, Indemnification
J. Boyd finds that the court of appeals improperly ruled in favor of the heirs of a driver who was killed when he failed to yield to an oncoming Union Pacific train. A “prudent driver” would have followed posted traffic signs as well as yielded to an oncoming train. Reversed.
Court: Texas Supreme Court, Judge: Boyd, Filed On: February 23, 2024, Case #: 22-0431, Categories: Evidence, Tort, Premises Liability
J. Boyd finds the court of appeals improperly ruled against a hospital in an employment case filed by a nurse who was fired after she released a patient’s protected medical information. The nurse was concerned that the patient, who is a child, was not properly receiving medication from their parents. She called the patient's school nurse and disclosed the medical information and reported the patient’s parents to Child Protective Services. The hospital fired the nurse for violating the Health Insurance Portability and Accountability Act. The hospital is entitled to summary judgment because the nurse violated its code of conduct by releasing the medical information, negating the impact of her report to CPS. Reversed.
Court: Texas Supreme Court, Judge: Boyd, Filed On: December 22, 2023, Case #: 22-0558, Categories: Employment, Employment Discrimination
J. Boyd responds to certified questions, submitted by the Fifth Circuit Court of Appeals, concerning whether the flight attendants' injury claims have standing after a series of rulings and the passage of time. After the attendants' initial filing was dismissed in federal district court, and affirmed by the appeals court, they refiled their suit. The refiled suit was also dismissed because it was barred by the statute of limitations. The attendants have exhausted their appeals as allowed under Texas law, thus ending their ability to pursue their claims.
Court: Texas Supreme Court, Judge: Boyd, Filed On: December 1, 2023, Case #: 23-0388, Categories: Civil Procedure, Jurisdiction
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J. Boyd finds the court of appeals properly ruled against the surviving family of a woman who was killed after being struck by a train. The family sued the railroad company, asserting that a raised hump on the tracks and a poorly maintained yield sign showed its negligence and liability. Because both theories were presented to the jury as one to question the negligence of the company, a harmful error was created. The jury was unable to distinguish which one they believe made the company liable. Affirmed.
Court: Texas Supreme Court, Judge: Boyd, Filed On: June 30, 2023, Case #: 21-0769, Categories: Jury, Negligence, Premises Liability
J. Boyd finds the court of appeals properly ruled against the City of League City in a breach of contract case brought by a restaurant chain, in which it accused the city of failing to adhere to an agreement that would provide financial incentives for building a new restaurant in the city limits. The trial court and court of appeals denied the city’s jurisdictional plea to the suit, leading it to file a petition for review. Because the agreement was entered into on discretionary terms and does not serve a public service, the city is not entitled to governmental immunity. Affirmed.
Court: Texas Supreme Court, Judge: Boyd, Filed On: June 9, 2023, Case #: 21-0307, Categories: Government, Immunity, Contract
J. Boyd finds the court of appeals improperly ruled against Ovintiv USA, an oil and gas company, in a case filed against it by another oil and gas company, 1776 Energy Partners. In a separate case, Ovintiv was ordered to make payments to Energy Partners after it withheld the payments. After making such payments, Energy Partners continued a suit against Ovintiv seeking interest on those payments. The court of appeals ruled that Ovintiv must pay the interest. However, under the state Natural Resources Code, withheld payments may not accrue interest and such a provision applies in this case. Reversed.
Court: Texas Supreme Court, Judge: Boyd, Filed On: May 19, 2023, Case #: 22-0095, Categories: Corporations, Partnerships