David Park from Montgomery County and the 10th District Court of Appeals, Waco In this retaliation action, the principal issues are (1) whether elimination of job duties that indirectly may affect pay constitutes an adverse personnel action under the Whistleblower Act and (2) whether alleged sexual harassment by a county commissioner reported to the sheriff's office or the county attorney constitutes a good-faith report to "an appropriate law enforcement authority." Park, a sheriff's lieutenant, sued the county after the commissioner he reported prompted a change in security-staffing responsibility for the county convention center. Originating from: 10th District Court of Appeals, WacoĠ5-1023 Montgomery County v.
Perry challenged the Culls' arbitration award, but the trial court confirmed it and the court of appeals affirmed. The trial court granted the Culls' motion. Perry opposed their motion, contending the Culls had waived their right to arbitrate. After they pursued discovery for close to a year before trial, the Culls then moved for arbitration. The Culls argued that arbitration was unconscionable because the chosen arbitration procedure was expensive and biased.
In this case the Culls initially resisted arbitration of their complaints against Perry Homes about construction defects. Jane Cull from Tarrant County and the Second District Court of Appeals, Fort Worth The principal issues are (1) whether a defendant must show prejudice to establish that plaintiffs waived their arbitration rights and (2) whether the defendant is prejudiced by the plaintiffs' pretrial discovery that would not have been available in arbitration. Originating from: 2nd District Court of Appeals, Fort WorthĠ5-0882 Perry Homes, et al. The court of appeals reversed, holding in part that the common-law apparent manufacturer doctrine survives statutory indemnity provisions in Texas Civil Practices and Remedies Code chapter 82. The trial court granted Gladstrong USA's motion asserting that no evidence showed it manufactured the lighter.
SSP Partners sued Gladstone USA for indemnity after a judgment in a case alleging a child died as a result of a defective lighter. firm is the manufacturer because it and the foreign company are indistinguishable. company held out as the product manufacturer by its closely allied foreign company and (2) whether the U.S. from Hidalgo County and the 13th District Court of Appeals, Corpus Christi/Edinburg In this indemnity action from a wrongful-death and products-liability case, the principal issues include (1) whether the court of appeals erred by holding the "apparent manufacturer" doctrine applied to a U.S. 05-0721 SSP Partners and Metro Novelties Inc.
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