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

No. 14-0767
TAMES

CHRIS LINEGAR v. DLA PIPER LLP (US)

Oral argument was held on February 10, 2016. The Court issued an opinion resolving the case on May 27, 2016. File Closed

In the news...

Tracking 1 article about this case.

January 21, 2016

Grants made on a Tuesday afternoon [Oct. 19, 2015]

from SCOTXblog

The article also mentions:
  • IN RE LAZY W DISTRICT NO. 1
  • IN RE NATIONWIDE INSURANCE COMPANY OF AMERICA, ET AL.
  • The Court has issued opinions:

    Opinion

    May 27, 2016

    Johnson
    Hecht
    Green
    Willett
    Lehrmann
    Boyd
    Devine
    Brown

    Justice Johnson delivered the opinion of the Court. PDF

     

    Court of Appeals

    Appellate District:11th Court of Appeals
    Outcome Below:Reverse & Render
    COA Docket No.:11-12-00201-CV
    Opinion Author:Honorable Jim Wright

    Trial Court

    Trial Court:201st District Court
    County:Travis
    Trial Judge:Honorable Stephen Yelenosky
    Trial Docket:D-1-GN-10-000789

    Entries on SCOTX Orders Lists

    Docket Entries

    Date Event Outcome  
    2016-09-14 Mandate issued  
      This case was waiting for a possible rehearing motion between June 9, 2016 and September 14, 2016.  
    2016-06-09 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2016-06-09 Motion for Extension of Time to File Motion for Rehearing  
    2016-05-27 Court approved judgment sent to attorneys of record
    2016-05-27 Opinion issued   Court of Appeals' judgment reversed; remanded to Court of Appeals
    2016-05-13 Motion to withdraw disposed of   Filing granted
    2016-05-04 Motion to Withdraw Filed  
      This case was awaiting the Court's decision after oral argument between February 10, 2016 and May 4, 2016.  
    2016-02-10 Oral argument  
    2016-02-09 Exhibits in case/cause filed (Respondent)  
    2016-01-21 Oral Argument Submission Form from Attorney received  
    2016-01-21 Oral Argument Submission Form from Attorney received  
    2016-01-19 Petition for Review granted
    2016-01-19 Case set for oral argument   Case set for oral argument
    2016-01-19 Petition for Review disposed Filing granted
    2015-12-16 Fully hyperlinked brief filed (Petitioner)  
    2015-12-14 Reply Brief (Petitioner)  
    2015-11-20 Motion for Extension of Time disposed.   Filing granted
    2015-11-20 Motion to Extend Time to File Reply filed  
    2015-11-03 Motion for Extension of Time disposed.   Filing granted
    2015-11-02 Motion for Extension of Time to File Brief filed  
    2015-10-21 Brief on the Merits (Respondent)  
    2015-09-15 Motion for Extension of Time disposed.   Filing granted
    2015-09-15 Motion for Extension of Time to File Brief filed  
    2015-08-19 Motion for Extension of Time to File Brief filed  
    2015-08-19 Motion for Extension of Time disposed.   Filing granted
    2015-08-03 Fully hyperlinked brief filed (Petitioner)  
    2015-07-31 Brief on the Merits (Petitioner)  
    2015-06-17 Case Record Filed  
    2015-06-17 Motion for Extension of Time to File Brief filed  
    2015-06-17 Motion for Extension of Time disposed.   Filing granted
    2015-05-29 Motion for Extension of Time disposed.   Filing granted
    2015-05-29 Motion for Extension of Time to File Brief filed  
    2015-05-01 Record Requested in Petition for Review  
    2015-05-01 Brief on the Merits Requested  
      This case was waiting for a decision about briefing or a possible grant between February 17, 2015 and May 1, 2015.  
    2015-02-17 Reply to Response (Petitioner)  
    2015-02-03 Case forwarded to Court
    2015-01-30 Response to Petition (Respondent)  
    2014-12-22 Motion for Extension of Time to File Response  
    2014-12-22 Motion for Extension of Time to File Response disposed   Filing granted
    2014-12-01 Petition for Review (Petitioner)  
    2014-10-23 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
    2014-10-23 Notice of Appearance  
    2014-10-23 Second Motion for Extension of Time to File Petition for Review filed  
    2014-09-24 Motion for Extension of Time to File Petition for Review disposed   Filing granted
    2014-09-24 Motion for Extension of Time to File Petition for Review filed  

    Parties

    Party Counsel Role
    DLA Pipers LLP (US)
    Mr. Russell S. Post
    Mr. William Robert Peterson
    Ms. Constance H. Pfeiffer
    Mr. Geoffrey Alan Gannaway
    Mr. Fields Alexander
    Respondent
    Linegar, Chris
    Mr. Donald R. Taylor
    Natalie A. Taylor
    Ms. Elizabeth G. Bloch
    Ms. Lisa Bowlin Hobbs
    Petitioner
     
     

    Untangling some issues related to individual and corporate standing

    fraud malpractice standing

    Linegar sued DLA Piper for a variety of claims, including fraud and legal malpractice, related to a business deal that went terribly wrong. The jury found in his favor. DLA Piper argues that Linegar actually lacks standing to bring these claims because the funds he lost were held in a corporate retirement account by Zaychan (a company Linegar) owns. According to DLA Piper, only Zaychan would have standing to bring suit. The court of appeals agreed with DLA Piper, dismissing the case for want of jurisdiction.

    Linegar's petition argues that DLA Piper owed duties directly to him, and that he was "personally aggrieved" enough to satisfy the threshold for jurisdictional standing. Because this was Linegar's retirement account, he argues, only he was injured. He is not seeking to recover derivatively for corporate injuries.

    The Court has granted the petition for review and set the case for argument in February. If that schedule holds, the Court should announce its decision by summer.

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