Supreme Court of Texas Blog: Legal Issues Before the Texas Supreme Court

No. 14-0186
TAMES

TV AZTECA, S.A.B. DE C.V., PATRICIA CHAPOY, AND PUBLIMAX, S.A. DE C.V. v. GLORIA DE LOS ANGELES TREVINO RUIZ, INDIVIDUALLY AND ON BEHALF OF A MINOR CHILD, A.G.J.T., AND ARMANDO ISMAEL GOMEZ MARTINEZ

Oral argument was held on October 12, 2015. The Court issued an opinion resolving the case on February 26, 2016. It then denied rehearing on June 10, 2016 File Closed

In the news...

Tracking 2 articles about this case.

March 4, 2016

A new personal jurisdiction case from the Texas Supreme Court (or ‘Killing Calder Softly’)

from Volokh Conspiracy

The Court has issued opinions:

February 26, 2016

Personal jurisdiction in a defamation case that crosses borders; interpreting an oil-and-gas agreement [Feb. 26, 2016]

from SCOTXblog

The article also mentions:
  • APACHE DEEPWATER, LLC v. MCDANIEL PARTNERS, LTD.
  • YVONNE CARDWELL v. WHATABURGER RESTAURANTS LLC
  • Opinion

    February 26, 2016

    Boyd
    Hecht
    Green
    Johnson
    Willett
    Guzman
    Lehrmann
    Devine
    Brown

    Justice Boyd delivered the opinion of the Court.View Electronic Briefs | Oral Argument | Video PDF

     

    Court of Appeals

    Appellate District:13th Court of Appeals
    Outcome Below:Affirmed
    COA Docket No.:13-12-00536-CV
    Opinion Author:Honorable Rogelio Valdez

    Trial Court

    Trial Court:139th District Court
    County:Hidalgo
    Trial Judge:Honorable Jose Roberto Flores
    Trial Docket:C-1027-09-C

    Docket Entries

    Date Event Outcome  
    2016-10-17 Letter Filed  
    2016-09-02 Letter Filed  
    2016-06-24 Miscellaneous motion disposed. See Remarks.   Denied
    2016-06-20 Reply to Response to Motion  
    2016-06-17 Response to Motion filed  
    2016-06-16 Motion to stay mandate filed.  
    2016-06-15 Mandate issued  
    2016-06-10 Corrected opinion  
    2016-06-10 Motion for Rehearing - Disposed Denied
    2016-05-04 Amicus Curiae Letter Received  
    2016-04-13 Motion for Rehearing  
    2016-04-13 Case forwarded to Court
    2016-03-09 Motion for Extension of Time to File Motion for Rehearing  
    2016-03-09 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2016-02-29 Letter sent to parties from Supreme Court - See Remarks  
    2016-02-26 Opinion issued   Court of appeals' judgment affirmed
    2016-02-26 Court approved judgment sent to attorneys of record Issued
      This case was awaiting the Court's decision after oral argument between October 12, 2015 and February 26, 2016.  
    2015-10-12 Oral argument  
    2015-10-09 Exhibits in case/cause filed (Petitioner)  
    2015-10-08 Sealed document filed in case  
    2015-09-23 Letter Filed  
    2015-09-22 Oral Argument Submission Form from Attorney received  
    2015-09-21 Oral Argument Submission Form from Attorney received  
      This case was waiting for oral argument between July 10, 2015 and September 21, 2015.  
    2015-07-10 Case set for oral argument   Case set for oral argument
    2015-06-15 Notice from attorney regarding vacation dates  
      This case was waiting for oral argument between February 20, 2015 and June 15, 2015.  
    2015-02-20 Motion to postpone submission date disposed   Filing granted
    2015-02-19 Motion to postpone submission date filed  
    2015-02-09 Oral Argument Submission Form from Attorney received  
    2015-02-06 Oral Argument Submission Form from Attorney received  
    2015-01-30 Petition for Review disposed Filing granted
    2015-01-30 Case set for oral argument   Case set for oral argument
    2015-01-30 Petition for Review granted
    2014-12-30 Amicus Curiae Brief received (Amicus Curiae)  
    2014-12-30 Phone call from Clerk's Office  
    2014-12-19 Fully hyperlinked brief filed (Petitioner)  
    2014-12-11 Reply Brief (Petitioner)  
    2014-11-26 Brief on the Merits (Respondent)  
    2014-11-10 Fully hyperlinked brief filed (Petitioner)  
    2014-11-03 Motion for Extension of Time to File Brief filed  
    2014-11-03 Motion for Extension of Time disposed.   Filing granted
    2014-10-22 Brief on the Merits (Petitioner)  
    2014-09-15 Case Record Filed  
    2014-08-27 Motion for Extension of Time disposed.   Filing granted
    2014-08-27 Motion for Extension of Time to File Brief filed  
    2014-08-25 Record Requested in Petition for Review  
    2014-08-22 Brief on the Merits Requested  
    2014-08-21 Amicus Curiae Brief received  
    2014-08-14 Fully hyperlinked brief filed (Petitioner)  
    2014-08-06 Reply to Response (Petitioner)  
    2014-07-07 Response to Petition (Respondent)  
    2014-06-30 Motion to Extend Time to File Reply filed  
    2014-06-30 MET to file reply disposed of   Filing granted
    2014-06-06 Supreme Court of Texas Requested Response  
    2014-05-29 Notice from attorney regarding vacation dates  
    2014-05-06 Case forwarded to Court
    2014-05-01 Response Waiver filed  
    2014-04-29 Fully hyperlinked brief filed (Petitioner)  
    2014-04-16 Petition for Review (Petitioner)  
    2014-03-13 Motion for Extension of Time to File Petition for Review disposed   Filing granted
    2014-03-13 Motion for Extension of Time to File Petition for Review filed  

    Parties

    Party Counsel Role
    Chapoy, Patricia
    Mr. Paul C. Watler
    Mr. Kurt Schwarz
    Ms. Holly Dobbs Arnold
    Mr. Christopher C. Franz
    Mr. Thomas J. Forestier
    Mr. Gil P. Peralez
    Mr. David F. Johnson
    Mr. Merritt M. Clements
    Petitioner
    Ruiz, Gloria De Los Angeles Trevino
    Mr. Raymond L. Thomas
    Ms. Rebecca Vela
    Mr. Ricardo Pumarejo Jr.
    Mr. David H. Jones
    Respondent
    TV Azeteca, S.A.B. de C.V.
    Mr. Paul C. Watler
    Mr. Kurt Schwarz
    Mr. Gil P. Peralez
    Mr. Christopher C. Franz
    Mr. Merritt M. Clements
    Mr. Thomas J. Forestier
    Ms. Holly Dobbs Arnold
    Mr. David F. Johnson
    Petitioner
    Publimax, S.A. de C.V.
    Mr. Kurt Schwarz
    Mr. Paul C. Watler
    Mr. Gil P. Peralez
    Mr. Christopher C. Franz
    Mr. Jorge A. Padilla
    Petitioner

    Amici Curiae

    Amicus Curiae Counsel
    Albright, Alexandra Wilson
    Ms. Alexandra Wilson Albright
    Woolley, Patrick
    Mr. Patrick Woolley
    Texas Association of Broadcasters
    Mr. Thomas S. Leatherbury

    Does Texas have personal jurisdiction over a Mexican TV station whose broadcasts reach the state?

    defamation personal jurisdiction

    This is a defamation case involving a broadcast that originated in Mexico and, it is alleged, caused harm in Texas. TV Azteka broadcasts from a location in Mexico that reaches both a local audience and several cities on the Texas side of the border.

    The TV station filed a special appearance arguing that Texas courts lack jurisdiction to hear this defamation claim. The trial court denied that request, and the court of appeals agreed that Texas courts can proceed.

    The parties dispute the degree to which the TV station has chosen to avail itself of the business opportunities, and legal responsibilities that may come, from having its signal extend into Texas.The plaintiff points to some materials suggesting that TV Azteka was selling advertisers on the benefits of having the signal extend into Texas. Emphasizing a different aspect of its revenue, the TV station says that it had no legal control over how its signals were used in Texas and was unable to charge local cable stations to rebroadcast them.

    The national and state associations of broadcasters have filed amicus briefs, urging the Texas Supreme Court to take the case and rule that signals crossing international borders — like postings on the internet — do not automatically create personal jurisdiction wherever they are read.

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