Civil Rights. In a Title VII action, an employer's separately actionable intentionally discriminatory acts each constitute a fresh violation. But a new violation does not occur, and a new charging period does not commence, upon the occurrence of subsequent nondiscriminatory acts (issuance of paychecks) that entail adverse effects (amount of pay) resulting from the past discrimination (discriminatory pay setting decisions). Accordingly, an employee's claim that discriminatory pay setting decisions outside the charging period resulted in unfairly smaller paychecks during the charging period was untimely. Ledbetter v. Goodyear Tire & Rubber Co., Inc., __U.S. __ (5/29/07)

Personal Injury A hospital paid by a workers' compensation carrier cannot file a lien against a patient's tort recovery to recoup the difference between the hospital's full charges and the discounted worker's compensation reimbursement. Daughters of Charity Health Services of Waco v. Linnstaeder et al, __S.W.3rd__ (Tex. Sup. Ct. 6/1/2007) [14th Dist] 4/12/07). PDF

Res Judicata. Section 31.004 TCPRC modifies the common law so that "res judicata bars only those claims that were actually litigated in the limited-jurisdiction court." Accordingly, a claimant in county court who tried and lost a breach of warranty claim for damages due to improper foundation design work, was not precluded from pursuing a breach of contract claim for those damages in district court. Kizer v. Meyer, Lytton, Alen & Whitaker, Inc., __S.W.3rd__ (Tex. App.-- Austin. 5/25/2007).

Personal Injury The proportionate responsibility provisions of Chapter 33 TCPRC apply to claims under the Dram Shop Act. The Court rejected the lower court's holding that a provider is not entitled to offset its liability by that of the intoxicated person. F.F.P. Operating Partners, L.P. v. Xavier Duenez et al, __ S.W.3rd__(Tex. Sup. Ct. 5/11/2007). PDF.

Arbitration. A trial court did not abuse its discretion in refusing to compel arbitration when the parties' agreement required the parties to first try mediation and it is undisputed that this precondition had not occurred. In re Pisces Food, LLC, __S.W.3rd__ (Tex App. -- Austin 5/24/07)

Discovery The trial court abused its discretion in failing to withdraw deemed admissions as required by due process because the request for admissions were designed to be "merits-preclusive" and there was no showing that the (then) pro se party was guilty of "flagrant bad faith or callous disregard for the rules." In Re Pete Rozelle, Jr., __S.W.3rd__(Tex. App.-- San Antonio 5/16/2007).

Mechanics Liens. A temporary employment agency, which places its employees at a construction project under a contract with a subcontractor, "furnishes labor" within the meaning of Chapter 53 of the Texas Property Code, and thus can file a mechanic's lien for monies due notwithstanding that it did not supervise or control the employees' work. Reliance National Indem. Co., v. Advance'd Temporaries Inc., __S.W.3rd__(Tex. Sup. Ct. 6/8/07). PDF.

Damages. In an action for breach of fiduciary duty causing economic damages, the plaintiff may recover damages for mental anguish when the defendant acted intentionally or with malice and the plaintiff has produced direct evidence of a high degree of mental pain and distress - demonstrated in this case by evidence that the plaintiff "cried, lost sleep, vomited, and missed work for 'several days'.", Parenti v. Moberg,__S.W.3rd__(Tex. Civ. . -- San Antonio, 5/30/07)

Evidence Statements from superceded pleadings are admissible without a showing that they are inconsistent with the trial position of the party against whom they are being used provided they otherwise admissible under the Texas Rules of Evidence.Bay Area Health Care Group Ltd v. McShane, __S.W.3rd__ (Tex. 6/8/2007). PDF.

Arbitration An arbitration clause providing that disputes "shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association" authorizes but does not require that the dispute be arbitrated by AAA (at a cost estimated to be in excess of $100,000). Since the parties were not bound to arbitrate with AAA but could choose a less expensive arbitration arrangement, the plaintiffs contention that the arbitration clause was substantively unconscionable due to the unreasonable cost of arbitration with AAA fails. TMI, Inc. v. Brooks et. al., __S.W.3rd__(Tex. App. -- Houston [14th Dist. 5/10/07)

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Personal Injury Although there was evidence that the Plaintiff was exposed to asbestos fibers on a fairly regular basis for an extended period of time, without evidence relating to the "Defendant-specific approximate dose to which the plaintiff was exposed, coupled with evidence that the dose was a substantial factor in causing the asbestos-related disease" the Plaintiff was not entitled to recover. Borg-Warner Corporation v. Flores, __S.W.3rd__(Tex. Sup. Ct. 6/282007). PDF.