Supreme Court of Texas
Sonat Exploration Co. v. Cudd Pressure Control, Inc., 06-0979
In an indemnity suit arising from an oil-well explosion, summary judgment for plaintiff is reversed where: 1) the parties' contract did not specify that Louisiana law, rather than Texas law, was to be applicable; 2) the specific circumstances of the contract at issue indicated that Louisiana law should apply; 3) because intervenor-insurer raised the choice-of-law issue on behalf of defendant-insured, defendant had not waived the issue; and 4) remand was necessary for a determination of whether there was negligence or strict liability.
Appellate Information
- Argued 02/06/2008
- Decided 11/21/2008
- Published 11/21/2008
Judges
- Justice BRISTER delivered the opinion of the Court.
Court
- Supreme Court of Texas
Counsel
- For Appellant:
- R. Keith Jarrett, Thomas P. Diaz, Liskow & Lewis, New Orleans, LA, Sam Baxter, Rosemary T. Snider, Joel Thollander, McKool Smith, PC, Austin, TX, for Petitioner., Christopher Tramonte, Tramonte & Associates, Houston, TX, Arthur W. Landry, Arthur W. Landry and Jeanne Andry Landry, LLC, New Orleans, LA, for Intervenor.
- For Appellees:
- David M. Gunn, Beck, Redden & Secrest, L.L.P., Houston, James T. Foley, Foley & Colley, P.C., Tyler, TX, Michael H. Bagot, Thomas Rayer Jr., Wagner & Bagot, L.L.P., New Orleans, LA, H. Dwayne Newton, Nelson McCormick Hancock & Newton, Houston, TX, for Respondent.