Texas Supreme Court oral arguments (9/16/14)

The Texas Supreme Court has two cases set for argument on Tuesday, 9/16/14:

No. 12-0803 -- Texas Dep't of Aging & Disability Servs. v. Cannon -- The plaintiff brought a wrongful-death case against the department and department employees. The department moved to dismiss the employees, arguing that under the Texas Tort Claims Act, the plaintiff could not sue both the department and employees. Before the court ruled on the motion, the plaintiff dropped her tort claims and alleged a federal civil-rights claim instead. The department argues in this appeal that its motion effectively dismissed the employees, because the statute makes dismissal mandatory.

No. 13-0670 -- In re Deepwater Horizon -- This appeal presents a certified question from the Fifth Circuit about liability-insurance coverage for the Deepwater Horizon drilling-rig disaster. BP argues that it is an additional insured under coverage provided to the drilling company, Transocean. This much-watched case involves the interplay between contractual-indemnity provisions and additional-insured provisions.

-- Scott Stolley, Thompson & Knight