8 results for 'judge:"Hecht"'.
J. Hecht finds that the court of appeals improperly ruled against a doctor in a negligence case filed by a patient who was treated for a rattlesnake bite. The patient argues that the doctor acted negligently by not immediately treating the patient with antivenom, allegedly causing lasting pain. A physician may be held liable if they are found to have acted with "willful and wanton negligence," but the patient failed to present any evidence showing the doctor acted in such a way. Reversed.
Court: Texas Supreme Court, Judge: Hecht, Filed On: January 12, 2024, Case #: 22-0835, Categories: Negligence, Medical Malpractice
J. Hecht finds that the court of appeals improperly ruled against Texas Tech University Health Sciences Center in a disability discrimination case brought by a former staff member who alleges she was let go for being morbidly obese. Morbid obesity does not qualify as an impairment under the Texas Commission on Human Rights Act. For her morbid obesity to qualify as an impairment, the staff member would need to show that it is due to a physiological disease or condition, rather than her body's natural response to her "lifestyle choices or eating habits." Reversed.
Court: Texas Supreme Court, Judge: Hecht, Filed On: June 30, 2023, Case #: 22-0179 , Categories: Ada / Rehabilitation Act, Evidence, Employment Discrimination
J. Hecht finds the court of appeals improperly ruled against a private investment group in a negligence lawsuit filed against it after a series of explosions occurred at a chemical plant managed by the group. The multiple lawsuits filed against the group were initiated after the chemical plant filed for bankruptcy. After the lower courts denied motions to dismiss the suits, the group petitioned for relief with the state supreme court, arguing that the claims were baseless. The parties suing the investment group fail to show that the group played any role in the alleged negligence of the chemical plant, so their claims should have been dismissed.
Court: Texas Supreme Court, Judge: Hecht, Filed On: June 23, 2023, Case #: 22-0227, Categories: Civil Procedure, Negligence, Business Expectancy
[CONSOLIDATED] J. Hecht finds the courts of appeals ruled improperly in part in two lawsuits filed by energy firms against the Electric Reliability Council of Texas for actions it took responding to Winter Storm Uri in 2021. Because ERCOT serves under the Public Utility Commission, a governmental agency, and performs a governmental function, it is entitled to immunity from suit. Furthermore, immunity serves to protect ERCOT from experiencing disruption to services. Reversed in part.
Court: Texas Supreme Court, Judge: Hecht, Filed On: June 23, 2023, Case #: 22-0056 , Categories: Energy, Government, Immunity
J. Hecht finds the court of appeals improperly ruled against a drug testing company in a suit filed by a test subject who alleges the company’s negligence caused a false positive and cost him a job opportunity. Under existing tort law, third-party companies do not owe a duty of care to employees. Reversed.
Court: Texas Supreme Court, Judge: Hecht, Filed On: June 23, 2023, Case #: 21-0496, Categories: Tort, Negligence, Business Expectancy
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Hecht finds the court of appeals improperly ruled in favor of an individual in a personal injury suit he brought against an elevator maintenance company after an elevator he was riding in accelerated quickly and abruptly stopped. The individual argued during the jury trial that the company’s negligence can be inferred based on the details of the incident, which the jury did. After the court of appeals affirmed the ruling, the company petitioned for review, challenging the charge of negligence and sanctions against it. The evidence presented by the individual failed to show that the incident would not have occurred in the absence of negligence. Furthermore, the sanctions levied against the company were proper. Reversed in part, affirmed in part.
Court: Texas Supreme Court, Judge: Hecht, Filed On: June 16, 2023, Case #: 22-0030, Categories: Corporations, Evidence, Negligence
J. Hecht finds the court of appeals properly ruled to terminate the parental rights of a mother to her children and name the Texas Department of Family and Protective Services as the children's managing conservator. The children experienced abuse and neglect from the mother. Additionally, the mother failed to complete court-mandated tasks in order to retain her parental rights. Affirmed.
Court: Texas Supreme Court, Judge: Hecht, Filed On: June 9, 2023, Case #: 21-0998, Categories: Family Law
J. Hecht finds the court of appeals improperly ruled against a home loan company, dismissing its foreclosure case filed against a property owner. The court of appeals ruled that the county court lacked jurisdiction. However, the county court was acting per a county-specific statute, giving it the authority to rule on the matter. Reversed.
Court: Texas Supreme Court, Judge: Hecht, Filed On: May 19, 2023, Case #: 21-1109, Categories: Property, Jurisdiction, Foreclosure