Defendants won four out of five cases that the Texas Supreme Court decided yesterday:

Defense Wins

Borg-Warner Corp. v. Flores, No. 05-0189 — tossing jury verdict for asbestosis victim on ground that he failed to prove causal connection between inhaling asbestos at work and disease.

Quigley v. Bennett, No. 05-0870 — reversing award to geologist who performed work for mineral rights owner on ground that one can’t recover share of royalties under quantum meruit when statute of frauds would bar contract claim (no oral argument).

Bay Area Healthcare Group, Ltd. v. McShane, No. 05-1069 — finding no absue of discretion in admitting evidence that plaintiff in medical malpractice case against hospital also originally sued doctors because plaintiff’s counsel "opened the door" (no oral argument).

Texas v. Oakley, No. 06-0172 — concluding that ex-prisoner can’t assign claim for wrongful imprisonment because claim wouldn’t survive his death.

Plaintiff Win

Reliance Nat’l Indemnity Co. v. Advance’d Temporaries, Inc., No. 05-0558 — holding that a temporary employment agency qualifies for mechanic’s lien on apartment complex by furnishing laborers for construction of the complex.

Barry Barnett

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