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Opinion Allowing Sentimental-Value Damages Appealed
The Medlens' dog Avery.
A defendant has asked the Texas Supreme Court to reverse a first-of-its kind opinion that allows a family to recover damages for the "sentimental value" of a dog. In a petition for review, the defendant alleges the 2nd Court of Appeals' opinion in the case creates a new loss-of-companionship cause of action for a pet's death and therefore should be reversed on public policy grounds. The dog was named Avery.
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Decision of the Day
City of Dallas v. Stewart
(Tex. 01/27/2012)
In this takings case, the city of Dallas challenges the court of appeals' holding that the Dallas Urban Rehabilitation Standards Board's nuisance finding could not be preclusive because of a brief delay between the nuisance finding and the house's demolition. A system that permits constitutional issues of this importance to be decided by an administrative board, whose decisions are essentially conclusive, does not correctly balance the need to abate nuisances against the rights accorded to property owners under our constitution. In the context of a property owner's appeal of an administrative nuisance determination, independent court review is a constitutional necessity. The court of appeals' judgment is affirmed on different grounds. Texas Supreme Court, No. 09-0257, 01-27-2012.
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Blogs
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- Tex Parte Blog
- Morning docket: Judge delays Fort Hood shooting trial, former Fort Worth lawyer sentenced to 10 years and more.
- Field goal: Haynes and Boone partner joins stage crew at Super Bowl halftime show to meet Madonna.
- Adult film case: Judge orders attorney to pay $22,000 in attorney's fees, attorney asks 5th Circuit for stay.
- See the Full Blog >>
- Work Matters
- Well-rounded RIP: Why counsel should focus on strengths instead of trying to do it all.
- Symmetry smarts: The role of symmetry in attractiveness and leadership potential.
- See the Full Blog >>
Video
Alan Waldrop and David Chamberlain discuss both sides of expedited trials: mandatory and voluntary.
TL Podcasts
- Supreme Court Sides with Ex-Worker in Anti-Retaliation Case, Labor and Employment Law, by Michael P. Maslanka
- Objecting to the Admission of Harmful Evidence, Personal Injury and Civil Trial Law, by Quentin Brogdon
- The Insured's Right to Select the Policy That Maximizes Coverage, Insurance Law, by Ernest Martin
- See the Full List of Podcasts >>
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TexLaw Insider
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