With this week’s orders list, the Texas Supreme Court issued opinions in five cases. It did not select any new cases for future argument.

Looking at the calendar, to remain on-target to meet last year’s target Court has a fair number of cases to be decided in the next few months, to equal last year’s target of clearing its docket by the end of June. I see 44 argued cases remaining to be decided, with approximately 17 weeks remaining until the end of June.

Opinions

Does Texas have personal jurisdiction over a Mexican TV station whose broadcasts reach the state?
Summary for previous event:
Set to be argued on October 12, 2015

This is a defamation case involving a broadcast that originated in Mexico and, it is alleged, caused harm in Texas. TV Azteka broadcasts from a location in Mexico that reaches both a local audience and several cities on the Texas side of the border.

The TV station filed a special appearance arguing that Texas courts lack jurisdiction to hear this defamation claim. The trial court denied that request, and the court of appeals agreed that Texas courts can proceed.

The parties dispute the degree to which the TV station has chosen to avail itself of the business opportunities, and legal responsibilities that may come, from having its signal extend into Texas.The plaintiff points to some materials suggesting that TV Azteka was selling advertisers on the benefits of having the signal extend into Texas. Emphasizing a different aspect of its revenue, the TV station says that it had no legal control over how its signals were used in Texas and was unable to charge local cable stations to rebroadcast them.

The national and state associations of broadcasters have filed amicus briefs, urging the Texas Supreme Court to take the case and rule that signals crossing international borders — like postings on the internet — do not automatically create personal jurisdiction wherever they are read.

In the news:
  • A new personal jurisdiction case from the Texas Supreme Court (or ‘Killing Calder Softly’) (Volokh Conspiracy)
    • Court of appeals must address all issues necessary to judgment

    In an employee-arbitration case, the trial court agreed with an employee that the agreement was unconscionable. Its ordered addressed only some of the employee's arguments, leaving the others unanswered.

    On appeal, the employee urged those other grounds as alternate reasons to affirm. The court of appeals reversed and ordered arbitration (the equivalent here of a rendition, not a remand), declining to consider the employee's alternate grounds:

    The court did not address any other arguments that Cardwell raised to oppose arbitration, explaining without authority that “as the trial court did not base its determination of unconscionability on those grounds, we need not consider them.” The court of appeals observed in a footnote that Cardwell had not cross-appealed from the trial court’s findings and conclusions or complained of the omission of findings and conclusions.

    The Texas Supreme Court reversed that outcome, remanding to the court of appeals to consider those alternative grounds. The Court noted that a party defending the trial court's judgment need not perfect a cross-appeal and that Texas Rule of Appellate Procedure 47.1 says "[t]he court of appeals 'must hand down a written opinion that . . . addresses every issue raised and necessary to final disposition of the appeal.'”

    The latest:
  • Supreme Court of Texas Overturns Appellate Court's Arbitration Order in El Paso Employment Dispute (March 9, 2016)