Posted by Rich Phillips
On Wednesday, February 10, 2016, the Supreme Court of Texas will hear arguments in two cases beginning at 9:00 am:
- No. 14-0767, Linegar v. DLA Piper LLP (US) - This appeal arises from a legal malpractice claim asserting that the law firm failed to perfect a security interest related to a loan that the petitioner made from his retirement account. The primary question is whether the petitioner has standing to sue for legal malpractice. The court of appeals held that he lacked standing because the holder of the note was the trustee for his retirement account. The court of appeals reasoned that the trustee was the only injured party.
- No. 15-0328, In re Nationwide Ins. Co. of Am. - This mandamus petition arises from the relator's effort to enforce a mandatory forum-selection clause in an agency contract. The trial court found that the relator waived enforcement of the forum-selection clause. Relator contends that it did not substantially invoke the judicial process and that it eliminated any prejudice caused by delay in seeking to enforce the clause by waiving a contractual limitations period that would have otherwise barred the plaintiff's claim.
As always, you can watch oral argument live (or go back and watch the recording later) here.
(As a side note, the Court was also originally scheduled to hear argument in No. 15-0117, In re Lazy W Dist. No. 1, but, on motion of one of the parties, argument in that case has been reset to March 9.)