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 -----Original Message-----
From: 	"Law.com/tx" <tx_case_alert+411274.153596706.1@reply.law.com>@ENRON  
Sent:	Monday, October 29, 2001 7:01 AM
To:	Hu, Sylvia
Subject:	Texas Case Alert, October 29, 2001


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       L A W . C O M / T E X A S

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        O C T O B E R 2 9,  2 0 0 1

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***  Current News on Law.com/TX  ***


Court Turns Back Employees' Stock Option Suit
Texas Lawyer
Reversing a 1st Court of Appeals decision, the Texas Supreme Court
held on Oct. 18 that former employees of a Monsanto Co. subsidiary
lost the right to buy company stock at favorable stock-option
prices after Monsanto sold the subsidiary where they worked. The
Houston court ruled unanimously in Monsanto Co. v. Kamel Boustany,
et al. that Monsanto's sale of Fisher Controls International Inc.
to Emerson Electric Co. in 1992 resulted in the termination of
Fisher employees, making them ineligible to buy Monsanto stock at a
price less than half the going rate.
http://tm0.com/sbct.cgi?s=153596706&i=411274&d=1946847

Read more Texas legal news
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***  Texas Courts of Appeal  ***


CRIMINAL LAW - MENTAL STATE
State v. Abdallah
The Legislature did not intend to dispense with a culpable mental
state in Texas Tax Code ?154.502(2). Fort Worth Court of Appeals,
No. 02-01-165-CR; Posted October 25, 2001.
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CIVIL PRACTICE - ATTORNEYS' FEES
Martin-Simon v. Womack
There is no wrongful-act exception to the rule that attorneys'
fees expended in prior litigation generally are not recoverable as
damages. Houston Court of Appeals, No. 14-00-00319-CV; Posted
October 25, 2001.
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CIVIL LITIGATION - JURISDICTION
P.V.F. Inc. v. Pro Metals, Inc.
In order for specific jurisdiction to exist, the litigation must
merely result from alleged injuries that arise out of or relate to
the nonresident defendant's activities that have been purposefully
directed to the forum. Houston Court of Appeals, No.
14-00-01225-CV; Posted October 25, 2001.
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LEGAL PROFESSION - ATTORNEYS' FEES
Goffney v. Rabson
Justice Don Wittig concurs in the court's refusal to grant a
petition for rehearing. Houston Court of Appeals, No.
14-99-00327-CV; Posted October 25, 2001.
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REAL ESTATE - TAKINGS
City of Houston v. Precast Structures, Inc.
Property is damaged within the meaning of the constitution when
access is materially and substantially impaired even though there
has not been a deprivation of all reasonable access. Houston Court
of Appeals, No. 14-99-00739-CV; Posted October 25, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=411274&d=1946853


CRIMINAL LAW - PUNISHMENT
Fite v. State
The conviction, not the punishment, controls the determination
whether penalty enhancement is barred. Houston Court of Appeals,
No. 14-00-00651-CR; Posted October 25, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=411274&d=1946854


CRIMINAL LAW - WITNESSES
Knotts v. State
If a court undertakes to give a perjury admonition, it must be
administered cautiously and judiciously; whether such admonitions
violate a defendant's right to due process rests on the facts of
each case. Houston Court of Appeals, No. 14-00-00905-CR; Posted
October 25, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=411274&d=1946855


TORTS - SOVEREIGN IMMUNITY
Texas Department of Transportation v. Sanchez
Because TXDOT had decided not to upgrade the four section head
traffic signal to a five section head until replacement was
"necessary," and replacement had not become "necessary" by the time
of the accident, an amber left-turn arrow was not the "absence" of
a traffic signal. San Antonio Court of Appeals, No. 04-01-00267-CV;
Posted October 24, 2001.
http://tm0.com/sbct.cgi?s=153596706&i=411274&d=1946856


CIVIL LITIGATION - VISTING JUDGE
In Re: Republic Parking System of Texas, Inc.
If the order of assignment allows the assignment to continue on all
matters "growing out of any cause heard," by hearing one motion the
visiting judge may obtain exclusive jurisdiction for good, but if
the assignment lapsed without the judge beginning trial, the
assignment is lapsed. Houston Court of Appeals, No. 14-01-00876-CV;
Posted October 23, 2001.
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