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PW: library -----Original Message----- From: "Law.com/tx" <tx_case_alert+411274.153596706.1@reply.law.com<@ENRON Sent: Monday, October 29, 2001 7:01 AM To: Hu, Sylvia Subject: Texas Case Alert, October 29, 2001 |||||||||||||||||||||||||||||||||||||||||||| L A W . C O M / T E X A S C A S E A L E R T for O C T O B E R 2 9, 2 0 0 1 <http://tm0.com/sbct.cgi?s=153596706&;i=411274&d=1946846< |||||||||||||||||||||||||||||||||||||||||||| *** Current News on Law.com/TX *** Court Turns Back Employees' Stock Option Suit Texas Lawyer Reversing a 1st Court of Appeals decision, the Texas Supreme Court held on Oct. 18 that former employees of a Monsanto Co. subsidiary lost the right to buy company stock at favorable stock-option prices after Monsanto sold the subsidiary where they worked. The Houston court ruled unanimously in Monsanto Co. v. Kamel Boustany, et al. that Monsanto's sale of Fisher Controls International Inc. to Emerson Electric Co. in 1992 resulted in the termination of Fisher employees, making them ineligible to buy Monsanto stock at a price less than half the going rate. http://tm0.com/sbct.cgi?s=153596706&;i=411274&d=1946847 Read more Texas legal news http://tm0.com/sbct.cgi?s=153596706&;i=411274&d=1946848 *** Texas Courts of Appeal *** CRIMINAL LAW - MENTAL STATE State v. Abdallah The Legislature did not intend to dispense with a culpable mental state in Texas Tax Code ?154.502(2). Fort Worth Court of Appeals, No. 02-01-165-CR; Posted October 25, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=411274&d=1946849 CIVIL PRACTICE - ATTORNEYS' FEES Martin-Simon v. Womack There is no wrongful-act exception to the rule that attorneys' fees expended in prior litigation generally are not recoverable as damages. Houston Court of Appeals, No. 14-00-00319-CV; Posted October 25, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=411274&d=1946850 CIVIL LITIGATION - JURISDICTION P.V.F. Inc. v. Pro Metals, Inc. In order for specific jurisdiction to exist, the litigation must merely result from alleged injuries that arise out of or relate to the nonresident defendant's activities that have been purposefully directed to the forum. Houston Court of Appeals, No. 14-00-01225-CV; Posted October 25, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=411274&d=1946851 LEGAL PROFESSION - ATTORNEYS' FEES Goffney v. Rabson Justice Don Wittig concurs in the court's refusal to grant a petition for rehearing. Houston Court of Appeals, No. 14-99-00327-CV; Posted October 25, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=411274&d=1946852 REAL ESTATE - TAKINGS City of Houston v. Precast Structures, Inc. Property is damaged within the meaning of the constitution when access is materially and substantially impaired even though there has not been a deprivation of all reasonable access. Houston Court of Appeals, No. 14-99-00739-CV; Posted October 25, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=411274&d=1946853 CRIMINAL LAW - PUNISHMENT Fite v. State The conviction, not the punishment, controls the determination whether penalty enhancement is barred. Houston Court of Appeals, No. 14-00-00651-CR; Posted October 25, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=411274&d=1946854 CRIMINAL LAW - WITNESSES Knotts v. State If a court undertakes to give a perjury admonition, it must be administered cautiously and judiciously; whether such admonitions violate a defendant's right to due process rests on the facts of each case. Houston Court of Appeals, No. 14-00-00905-CR; Posted October 25, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=411274&d=1946855 TORTS - SOVEREIGN IMMUNITY Texas Department of Transportation v. Sanchez Because TXDOT had decided not to upgrade the four section head traffic signal to a five section head until replacement was "necessary," and replacement had not become "necessary" by the time of the accident, an amber left-turn arrow was not the "absence" of a traffic signal. San Antonio Court of Appeals, No. 04-01-00267-CV; Posted October 24, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=411274&d=1946856 CIVIL LITIGATION - VISTING JUDGE In Re: Republic Parking System of Texas, Inc. If the order of assignment allows the assignment to continue on all matters "growing out of any cause heard," by hearing one motion the visiting judge may obtain exclusive jurisdiction for good, but if the assignment lapsed without the judge beginning trial, the assignment is lapsed. Houston Court of Appeals, No. 14-01-00876-CV; Posted October 23, 2001. http://tm0.com/sbct.cgi?s=153596706&;i=411274&d=1946857 |||||||||||||||||||||||||||||||||||||||||||| The law.com/texas Case Alert is a service of law.com/texas located at http://tm0.com/sbct.cgi?s=153596706&;i=411274&d=1946860. SHARING THIS ALERT WITH SOMEONE WHO IS NOT A SUBSCRIBER IS UNLAWFUL. By using this service, you also are agreeing to abide by our terms of service. If you haven't read them, please go to http://tm0.com/sbct.cgi?s=153596706&;i=411274&d=1946859. To register for a free trial to law.com/texas, go to http://tm0.com/sbct.cgi?s=153596706&;i=411274&d=1946860 and click on the Trial Subscription button. For other information please reply to: mailto:tx-info@corp.law.com For our full Privacy Policy, please go to http://tm0.com/sbct.cgi?s=153596706&;i=411274&d=1946861 TO BE REMOVED FROM MAILING LIST: If you would like to be removed from the law.com/texas Case Alert mailing list, you can unsubscribe by simply replying to this email with the word "UNSUBSCRIBE" in the subject line. You are subscribed to the law.com/texas Case Alert with the following e-mail address:sylvia.hu@enron.com Copyright © 2001 law.com. Registered in the U.S. Patent and Trademark Office. All rights reserved.
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