2008 Medina Opinions

Justice Medina writes opinion granting tort immunity to exorcists under the free
exercise clause of the U.S. Constitution. Mental anguish damages for 17-year old victim
thrown out.
Pleasant Glade Assembly of God v. Schubert, No. 05-0916 (Tex. 2008) (Majority Opinion by
Justice Medina) (first amendment freedom of religion clause, exorcism of demons, intentional tort
claim by church member for mental anguish damages barred by church's religious doctrine immunity,
estoppel claim rejected)
Several Justices wrote dissenting opinions in Pleasant Glade v. Schubert
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.
Justice
Johnson delivered a dissenting opinion.

Breach of Implied Warranty claim under UCC treated as tort claim subject to
comparative responsibility limitations. Judgment for wrongful death plaintiffs overturned
JCW Electronics, Inc. v. Garza, No. 05-1042 (Tex. 2008) (Opinion by Justice David Medina) (UCC breach
of implied warranty claim in PI, death case a tort for purposes of comparative responsibility statute;
recovery barred) | Chief Justice
Jefferson wrote a concurring opinion

Medina addresses authority of water district to regulate water extraction and use
Guitar Holding Co. LP v. Hudspeth County Underground Water Conservation District, No. 06-0904 (Tex.
May 30, 2008)(David Medina) (water rights, administrative law, challenged district rule governing water
transfers found invalid)

Medina writes opinion in product liability suit barring recovery by parents of burnt child
under federal preemption doctrine; holds that jury should not be allowed to impose
tougher child safety standards in common law tort suit than Consumer Products
Commission.
Bic Pen Corp. v. Carter, No. 05-0835 (Tex. Apr. 18, 2008)(justice David Medina)
(products liability, design defect claim, implicit federal preemption of state tort law, manufacturing defect
claim) BIC PEN CORPORATION v. JANACE M. CARTER, AS NEXT FRIEND OF BRITTANY CARTER; from
Matagorda County; 13th district (13-03-00560-CV, 171 S.W.3d 657, 08-18-05)
The Court reverses the court of appeals' judgment and remands the case to that court.
Justice Medina delivered the opinion of the Court. (Justice Green not sitting)

Medina (himself recently indicted, and then unindicted) looks into legal
effects of criminal conviction on right to hold public office, and issues opinion
In Re Bazan, No. 06-0952 (Tex. Mar. 28, 2008)(Opinion by Justice David Medina)
(mandamus) (removal of local official based on conviction)
IN RE EDUARDO "WALO" GRACIA BAZAN; from Hidalgo County; 13th district (13-06 00616-CR, ___ S.W.
3d ___, 11-01-06)
stay order issued November 30, 2006, lifted
The Court denies the petition for writ of mandamus.
Justice Medina delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
O'Neill, Justice Wainwright, Justice Brister, Justice Green, and Justice Johnson joined.
Justice
Willett delivered a concurring opinion. in In Re Bazan, No. 06-0952 (Tex. Mar. 28, 2008)

2007 Opinions Authored by Justice David Medina

Lamar Homes Inc. v. Mid-Continent Casualty Co., No. 05-0832 (Tex. Aug. 31, 2007)(David Medina)
(insurers duty to defend,
home construction defect. cert. question)  
LAMAR HOMES, INC. v. MID-CONTINENT CASUALTY COMPANY
The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit.
Justice Medina delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice
Wainwright, Justice Green, and Justice Johnson joined.
Justice
Brister delivered a dissenting opinion, in which Justice Hecht and Justice Willett joined.

El Paso Hospital District v. Texas Health and Human Services Comm'n, No. 05-0372 (Tex. Aug 31, 2007)
(Opinion by Justice David Medina)(agency rulemaking, declaratory judgment)   
EL PASO HOSPITAL DISTRICT D/B/A R.E. THOMASON GENERAL HOSPITAL DISTRICT, ET AL. v.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION AND DON GILBERT, COMMISSIONER; from
Travis County; 3rd district (03-03-00770-CV, 161 S.W.3d 587, 01/21/05)
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the
trial court.
Justice Medina delivered the opinion of the Court.

Gaines v. Kelly, No. 05-1092 (Tex. Aug. 24, 2007)(Justice Medina)(lending, apparent authority)
RUSSELL GAINES AND SOUTHWEST GUARANTY MORTGAGE CORP. v. ROGER KELLY; from Johnson
County; 10th district (10-03-00369-CV, 181 S.W.3d 394, 09/28/2005)  
The Court reverses the court of appeals' judgment and renders judgment.
Justice Medina delivered the opinion of the Court.

Stephen F. Austin State Univ. v. Flynn, No. 04-0515 (Tex. Jun. 29, 2007)(Justice Medina)
(Recreational Use Statute, TTCA, plea to the jurisdiction, sovereign immunity; suit dismissed as
jurisdictionally barred)
Stephen F. Austin State University v. Diane Flynn; from Nacogdoches County; 12th district (12-03-00240-
CV, 202 S.W.3d 167, 04/30/2004)
The Court reverses the court of appeals' judgment and renders judgment dismissing the case.
Justice Medina authored the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice
Brister, Justice Green, and Justice Johnson joined, and in all but Part III of which Justice Hecht, Justice
Wainwright, and Justice Willett joined.
Justice
Hecht wrote a concurring opinion in Stephen F. Austin State University v. Flynn
in which Justice Wainwright and Justice Willett joined.

Reliance National Indemnity Co v. Advanced Temporaries, Inc., No. 05-0558 (Tex. Jun. 8, 2007)
(Justice David Medina)(subcontractor's mechanics lien)
RELIANCE NATIONAL INDEMNITY COMPANY, L&T, J.V., AND LAMAR CONSTRUCTION, INC. v.
ADVANCE'D TEMPORARIES, INC.; from Nueces County; 13th district (13-01-00821-CV, 165 S.W.3d 1,
07/22/2004)
The Court affirms the court of appeals' judgment.
Justice Medina delivered the opinion of the Court

First Commerce Bank v. Palmer, No. 05-0686 (Tex. Jun. 1, 2007)(David Medina)(guarantee agreement,
consideration)

2006 CASES WITH OPINIONS BY JUSTICE MEDINA

Court concludes the Railroad Commission did not exceed the authority delegated by statute
Seagull Energy v. Railroad Commission of Texas, No. 03-0364 (Tex. May 4, 2007)(Justice Medina)
[authority of Texas Railroad Commission in regulation of oil and gas production, commingled oil and gas,
permit denial, spacing rule, well density rules,arbitrary, reasonable]

Dew v. Crown Derrick Erectors, Inc., No. 03-1128 (Tex. Jun. 30, 2006)(plurality opinion by Justice Medina)
Justice
Brister wrote conrring opinion in Dew v. Crown Derrick Erectors, Inc.
[wrongful death, survival action, jury instruction issue, new and independent cause” instruction in the jury
charge
Justice
Johnson wrote a dissenting opinion in Dew vs. Crown Derrick Erectors, Inc.

Guideone Elite Ins. Co v. Fielder Road Baptist Church, No. 04-0692 (Tex. Jun. 30, 2006)(Justice Medina)
[insurance law, UDJA, duty to defend, coverage, construction of policy, eight-corners rule, exception,
extrinsic evidence, exclusion, admission of evidence, UDJA, attorney's fees]
Justice
Hecht wrote a concurring opinion in Guideone Elite Ins. Co v. Fielder Road Baptist Church, No. 04-
0692 (Tex. Jun. 30, 2006)(Concurrence by Justice Nathan Hecht)

State of Texas v. Shumake, No. 04-0460 (Tex. Jun. 23, 2006)(Justice David Medina)
[sovereign immunity, Texas Tort Claims Act, TTCA, Recreational Use Statute, gross negligence, drowning]

Sea Gull Energy v. Eland Energy, No. 04-0662 (Tex. Jun. 16, 2006)(Justice David Medina)(oil and gas
law, effect of sale of an oil and gas working interest, which was subject to an operating agreement)

In the Interest of A.M. and B.M., Minors, No. 03-0509 (Tex. May 5, 2006)(Justice David Medina)
(child support, child custody, reimbursement claim, offset after custody switch to obligor parent)

The Ed Rachal Foundation v. D’Unger, No. 03-1101 (Tex. Apr. 21, 2006)(per curiam opinion)
(
at will employment, issue of whistleblower cause of action against private employer)

Eight Corners Rule and Exclusion of Extraneous Evidence Affirmed in Determining Duty to
Defend

Guideone Elite Ins. Co v. Fielder Road Baptist Church, No. 04-0692 (Tex. Jun. 30, 2006)(Justice Medina)
In this declaratory judgment action, we are asked to create an exception to the complaint-allegation or
eight-corners rule. The eight-corners rule provides that when an insured is sued by a third party, the
liability insurer is to determine its duty to defend solely from terms of the policy and the pleadings of the
third-party claimant. Resort to evidence outside the four corners of these two documents is generally
prohibited.

Justice Medina Writes Dissenting Opinion in Mold Coverage Case   

Fiess v. State Farm Lloyds, No. 04-1104 (Tex. Aug. 31, 2006)(Justice Brister)
(certified question from 5th Circuit regarding mold coverage,
Texas homeowners insurance policy)
Dissent by Justice Medina in Fiess v. State Farm Lloyds  
Texas Supreme Court Opinions by Justice David Medina
Also see --->  Photo and Bio Profile of Texas Supreme Court Justice David Medina
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2006 Texas Supreme Court Opinions | 2007 Tex. Opinions | Most recent 2008 Opinions
Opinions by Fellow Justices:  Chief Justice Wallace B. Jefferson | Justice Nathan L. Hecht
Justice Harriet O'Neill | Justice Dale Wainwright | Justice Scott A. Brister | Justice David Medina
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