ABORTION: Preliminary injunction enjoining HB 544, HB 862, and Rule dealing with Medicaid funding of abortions affirmed… Menahan affirmed. [Read more…]
Parental Consent for Abortion Act unconstitutional
PARENTAL CONSENT FOR ABORTION ACT properly found unconstitutional… Abbott affirmed. [Read more…]
Medical malpractice, spinal fusion, OptiMesh interest
MEDICAL MALPRACTICE: Verdict that neurosurgeon was not negligent in obtaining informed consent by failing to inform L5-S1 fusion patient that he had financial interest in OptiMesh or in the way he performed the surgery affirmed… Todd affirmed. [Read more…]
Defense verdict, med-mal, L5-S1 fusion, OptiMesh
VERDICT: Defense, med-mal, L5-S1 fusion with OptiMesh and unilateral pedicle screws, informed consent. [Read more…]
Home defects, leaky roof, limitations/repose
HOME DEFECTS: Leaky roof negligence/negligent misrepresentation claims barred by statutes of limitations and repose… some CPA claims arising from 2001 construction and subsequent inspections & repairs time-barred, some not… expert not required for CPA claims as to contract and billing… Gustafson affirmed, reversed. [Read more…]
Homeowners association, trail construction, fees
HOMEOWNERS ASSOCIATION: Covenants properly interpreted to require special assessment rather than maintenance funds for new trail construction… Association properly awarded fees/costs on counterclaim for unpaid dues & assessments… homeowner improperly awarded reciprocal fees/costs, properly denied fees/costs under UDJA… J. Brown affirmed, reversed. [Read more…]