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The trial court denied the Woods' summary-judgment motion and granted the bank's and Ocwen's.The appeals court affirmed, holding a home-equity loan that does not comply with constitutional requirements is voidable, that as voidable a suit on it is subject to a four-year limitations and the Woods' suit was filed too late.
Summaries are prepared by the Court's staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court's opinion about case merits. Jefferson, Justice Phil Johnson, Justice David Medina, Justice Dale Wainwright, Justice Don R. Brister, Justice Harriet O'Neill 07-0818 Akin, Gump, Strauss, Hauer & Feld, L. The court of appeals reduced the award by other attorneys fees calculations, but otherwise affirmed. Texas Supreme Court advisory Contact: Osler Mc Carthy, Staff Attorney for Public Information (512) 463.1441 or email: [email protected] The principal issues in this interlocutory challenge to the trial courts order denying the districts jurisdictional plea, in a retaliation suit based on a same-sex sexual harassment claim, are (1) whether but-for causation is a jurisdictional element in Texas Commission on Human Rights Act allegation and (2) whether the same-sex hostile-work environment allegation constitutes gender discrimination under the statute.In this challenge to void a home-equity loan for constitutional defects, and to recover principal and interest, the issue is whether the borrowers' notice eight years later that the loan did not comply with constitutional requirements voids the loan or makes it voidable and subject to a four-year limitations.The Woods sued the bank and Ocwen, alleging fraud and contract breach based on alleged constitutional defects.Texas Supreme Court advisory Contact: Osler Mc Carthy, Staff Attorney for Public Information (512) 463.1441 or email: [email protected] Sitting for the court: Justice Paul W. The principal issue is whether Government Code section 82.065(c) permits attorneys to recover fees in quantum meruit when their oral contingency fee is unenforceable or, if not, whether common-law quantum meruit allows the fees to be recovered....
The principal issue is whether the Court should adopt the "sham-affidavit" doctrine, that an affidavit contradicting previous testimony to raise a fact question to avoid summary judgment must explain the contradiction. Half-Price contends Civil Practices and Remedies Code 38.001 extends to statutory obligations, citing Medical City Dallas v. (allowing attorneys fees for warranty-breach action). This advisory serves only as an abbreviated guide to oral argument. Parker from Harris County and the 14th District Court of Appeals, Houston For petitioner: David P. Mc Coy, Houston The Supreme Court will hear arguments on the issue of whether safe harbor element was shown in dram shop action. The court of appeals affirmed a breach-of-contract verdict, admitting evidence that showed the fathers intent to create the joint account, and affirmed attorneys fees that were not segregated because the court held the fees were inextricably intertwined. Doctors determined the stroke resulted from a tear in a spinal artery.