| 2008 Texas Supreme Court Race Justice Phil Johnson vs. Justice Linda Reyna Yañez |
| Challenger's Profile: Official Bio of 13th Court of Appeals Justice Linda Reyna Yanez Incumbent's Profile: Photo and Official Bio of Texas Supreme Court Justice Philip Johnson Wikipedia entry for Justice Johnson | Wiki profile for Linda Yanez | I am Justice Linda Yanez Speech | Info on ---> All justices of the Texas Supreme Court and Intermediate Texas Courts of Appeals Republican Incumbent Phil Johnson vs. Democratic Challenger Linda Yañez 2008 Re-Election Campaign for Place 8 Bench on the Texas Supreme Court. Two Democratic candidates, both women, vied for the honor to take on incumbent Phil Johnson in the November general election. District Court Judge Susan Criss of Galveston, the jurist of floating island blogger fame, and Justice Linda Reyna Yanez, an incumbent on the 13th Court of Appeals seated in Corpus Christi, TX. Yanez won in the primary. As first Hispanic female appellate court judge in Texas, Justice Yanez is a trailblazer. She was appointed to the appellate bench by the late Gov. Ann Richards. Justice Johnson - a Perry appointee who previously served as chief of the Amarillo Court of Appeals - rests on the incumbency laurels and stands for reelection as "a judge, not a politician" expressly disavowing any inclination to legislate from the bench. Yanez, with migrant farmer, legal aid and civil rights roots, rails against a court hijacked by Republicans and is committed to change. The Libertarian Party is also sending a candidate into the race: Drew Shirley Also see --> Web page on Texas appellate judicial campaigns and elections Candidates' Answers to Question Posed by the League of Women Voters (2008 Voter Guide) |
| Texas Supreme Court Opinions by Justice Phil Johnson |
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2008 Opinions by Republican Texas Supreme Court Incumbent Phil Johnson, Justice Coastal Oil & Gas Corp. v. Garza Energy Trust, No. 05-0466 (Tex. Aug. 29, 2008)(Hecht) (oil and gas, trespass, rule of capture) Justice Willett delivered a concurring opinion. Justice Johnson delivered an opinion concurring in part and dissenting in part, in which Chief Justice Jefferson joined, and in Part I of which Justice Medina joined. In re Baylor Medical Center at Garland, No. 06-0491 (Tex. Aug. 29, 2008)(Brister)(HCLC, mandamus proceeding abated to afford new trial judge opportunity to reconsider issue of granting / ungranting new trial, plenary power) abatement order issued | stay order issued The Court abates this cause pursuant to Texas Rule of Appellate Procedure 7.2. Justice Johnson delivered a dissenting opinion. (would address problem raised by the case through rulemaking) Ulico Casualty Co. v. Allied Pilots Association, No. 06-0247 (Tex. Aug. 29, 2008)(Johnson) (insurance coverage, non-coverage claim, waiver, estoppel) Chief Justice Jefferson delivered a concurring opinion, in which Justice O'Neill joined. State of Texas v. Brown, No. 05-0236 (Tex. Aug. 29, 2008)(Johnson) (condemnation, fees to landowner reversed)) Justice O'Neill delivered an opinion concurring in part and dissenting in part. In Interest of MN, a Child, No. 07-0698 (Tex. Aug. 29, 2008)(Johnson) (termination of parental rights, appellate procedure, extension to file statement of points for appeal) Justice Willett delivered a dissenting opinion. Justice Johnson wrote a dissenting opinion in Pleasant Glade Assembly of God v. Schubert, No. 05-0916 (Tex. 2008) (Majority Opinion by Justice Medina) (constitutional law, first amendment freedom of religion clause, demon possession and exorcism, intentional tort claim by church member for mental anguish damages barred by church's religious doctrine immunity, estoppel claim rejected) The Court reverses the court of appeals' judgment and dismisses the case. Justice Medina delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Brister, and Justice Willett joined. Chief Justice Jefferson delivered a dissenting opinion, in which Justice Green joined, and in Parts II-A, III, and IV of which Justice Johnson joined. Justice Green delivered a dissenting opinion. FKM Partnership, Ltd. v. Bd. of Regents of Univ. of Houston System, No. 05-0661 (Tex. Jun 6, 2008) (Phil Johnson) (condemnation, implications of reduction of amount of land to be taken on land owner's recovery of fees, partial nonsuit) Justice Willett delivered an opinion concurring in part and dissenting in part Justice Johnson wrote an opinion concurring and dissenting in part in Perry Homes v. Cull, which was joined by Chief Justice Jefferson and Justice Green Perry Homes v. Cull, No. 05-0882 (Tex. May 2, 2008)(Opinion by Scott A. Brister) Justice Johnson delivered a dissenting opinion, in Unauthorized Practice of Law Committee v. American Home Assurance Co., Inc., No. 04-0138 (Tex. Mar. 28, 2008)(Hecht)f Fairfield Ins. Co. v. Stephens Martin Paving, LP, No. 04-0728 (Tex. Feb. 15, 2008)(Justice Wainwright) (insurance coverage and indemnification of punitive damages arising from gross negligence) The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit. Justice Hecht delivered a concurring opinion, in which Justice Brister, Justice Medina, and Justice Willett joined. Justice Johnson delivered a concurring opinion. City of Rockwall, Texas v. Hughes, No. 05-0126 (Tex. Jan 25, 2008) (Johnson) (annexation, arbitration) Justice Willett filed a dissenting opinion, in which Justice Hecht, Justice O'Neill, and Justice Brister joined. 2007 Opinions Written by Texas Supreme Court Justice Phil Johnson National Plan Administrators, Inc. v. National Health Ins. Co., No. 05-0006 (Tex. Sep. 28, 2007) (Johnson)(commercial law, contract, insurance law, insurance code, fiduciary duty) NATIONAL PLAN ADMINISTRATORS, INC. AND CRS MARKETING AGENCY, INC. v. NATIONAL HEALTH INSURANCE COMPANY; from Travis County; 3rd district (03-03-00306-CV, 150 S.W.3d 718, 09/10/04)2 petitions The Court reverses the court of appeals' judgment and renders judgment. Justice Phil Johnson delivered the opinion of the Court. Guevara v. Ferrer, No. 05-1100 (Tex. Aug. 31, 2007)(Johnson)(auto PI, expert testimony to prove medical expenses) Quigley v. Bennett, No. 05-0870 (Tex. Jun. 8, 2007)(Johnson)(geologic services, no written contract, royalty interest in minerals) In Re Southwestern Bell Telephone Co., L.P., No. 05-0511 (Tex. Jun. 1, 2007)(mandamus, primary agency jurisdiction)(Johnson) In Re Bexar County Criminal DA's Office, No. 05-0613 (Tex. May 4, 2007)(Willett)(mandamus) [discovery, testimonial privilege, work-product privilege, subpoena quashed] Justice Willett wrote a separate concurring opinion in this case Justice Johnson wrote a dissenting opinion in In Re Bexar County Criminal District Attorney's Office Equistar Chemicals v. Dresser-Rand Co., No. 04-0121 (Tex. May 4, 2007)(Johnson) [commercial equipment failure, implied warranty, tort liability, economic loss rule, measure of damages, jury charge error, preservation of error] Justice Johnson writes separately in university's appeal in an employment dispute Justice Johnson delivered a concurring opinion in Baylor Univ. v. Coley Baylor v. Coley, No. 04-0916 (Tex. Apr. 20, 2007)(Hecht)(wrongful termination, tenure, constructive discharge, claim of jury charge error, jury instruction, no evidence of breach of contract) 2006 Supreme Court Opinions Authored By Justice Phil Johnson Barker v. Eckman, No. 04-0194 (Tex. Dec. 1, 2006)(Phil Johnson)(bailment agreement) Mack Trucks v. Tamez, No. 03-0526 (Tex. Oct. 27, 2006)(Justice Phil Johnson) [personal injury law, PI, auto accident, expert testimony, reliability, exclusion of evidence, take nothing judgment] Reata Construction Corp. v. City of Dallas, No. 02-1031 (Tex Jun. 30, 2006)(substitute opinion on rehearing by Justice Phil Johnson) [sovereign immunity, waiver of immunity by litigation conduct, waiver of immunity by suing or filing claim for affirmative relief] Concurrence by Justice Brister In Re Palm Harbor Homes, No. 04-0490 (Tex. Jun. 9, 2006)(mandamus)(Justice Phil Johnson) In Re Palm Harbor Homes, No. 04-0490 (Tex. Jun. 9, 2006)(mandamus)(Concurrence by O'Neill) [arbitration, motion to compel arbitration, arbitration clause, binding, nonbinding, unconscionable] Marshall v. Houston Authority of the City of San Antonio, No. 04-0147 (Tex. Mar. 3, 2006)(Justice Johnson) [forcible detainer] Lopsided Arbitration Agreement Enforced by Mandamus In Re Palm Harbor Homes, No. 04-0490 (Tex. Jun. 9, 2006)(mandamus)(Justice Johnson) In Re Palm Harbor Homes, No. 04-0490 (Tex. Jun. 9, 2006)(mandamus)(Dissent by O'Neill) [arbitration law, motion to compel arbitration, arbitration clause, binding, nonbinding, unconscionable] This original proceeding presents the issue of whether the purchasers of a manufactured home must arbitrate their claims against both the retailer and manufacturer of the home pursuant to a written arbitration agreement between the purchasers and the retailer. The agreement specified that it inured to the benefit of the manufacturer and gave the manufacturer a twenty-day period during which it could opt out of arbitration. We conclude that the manufacturer’s opt-out right did not render the arbitration agreement unenforceable and that the purchasers must arbitrate their claims against both parties. Conclusion. . . . We conclude that the trial court abused its discretion in failing to order the Ripples to arbitrate their claims against the retailer and manufacturer. We conditionally grant the writ of mandamus and direct the trial court to compel arbitration of the Ripples’ claims. The writ will issue only if the trial court fails to comply with our directive. Plaintiffs' Failure to Prove Causation With Proper Expert Testimony Entitles Defendant in Truck Wreck Case to Summary Judgment Mack Trucks v. Tamez, No. 03-0526 (Tex. Oct. 27, 2006)(Justice Johnson) In this truck accident case the trial court excluded expert testimony as to what caused a post-accident fire that burned the truck and the driver. After excluding the expert testimony because it was not reliable, the trial court granted summary judgment. The court of appeals reversed. We hold that the trial court did not err, reverse the court of appeals’ judgment, and render judgment that the plaintiffs take nothing. Conclusion: The plaintiffs produced no evidence that the alleged defects of the Mack tractor were a cause-in-fact of injuries to Abram Tamez. Because causation is a required element of each of the Tamezes’ claims, the trial court properly granted summary judgment. Accordingly, we reverse the court of appeals’ judgment and render judgment that the plaintiffs take nothing. Dissents and Concurrences by Justice Phil Johnson Brookshire Grocery Co. v. Taylor, No. 03-0408 (Tex. Dec. 1, 2006)(Hecht) Justice Johnson delivered a concurring opinion Justice O'Neill delivered a dissenting opinion, joined by Justice Medina houston-opinions.com |
