Tex. Sup. Ct. Opinions by Justice Harriet O'Neill (Tex. 2007)

2007

Moki Mac River Expeditions v. Drugg, No. 04-0432 (Tex. Mar. 2, 2007) (By Justice Harriet O'Neill)
[long-arm jurisdiction, special appearance, foreign defendant]

A Texas court may assert specific jurisdiction over an out-of-state defendant if the defendant’s contact with
this state is purposeful and the injury arises from or relates to those contacts. In this wrongful-death case
against a Utah-based river-rafting outfitter, the defendant contends the plaintiff’s death on a Grand
Canyon hiking trail did not arise from or relate to its in-state commercial activities so as to establish specific
jurisdiction over it in Texas. We agree. Accordingly, we reverse and remand the case to the court of
appeals to determine whether general jurisdiction exists.
Dissent by Phil Johnson
The court of appeals performed the “fair play and substantial justice” analysis which the Supreme Court
has indicated both protects a non resident from improper exercise of jurisdiction by a forum, and yet might
allow a lesser showing for the exercise of jurisdiction over a defendant who purposefully directs activities
toward the forum. See Burger King, 471 U.S. at 477-78 (noting considerations which sometimes “serve to
establish the reasonableness of jurisdiction upon a lesser showing of minimum contacts than would
otherwise be required”). I agree with the court of appeals’ analysis and determination that the exercise of
specific jurisdiction over Moki Mac by Texas would not offend traditional notions of fair play and substantial
justice. ___ S.W.3d ___.
I would affirm the judgment of the court of appeals. - Phil Johnson, Justice

2006 Separate Opinions by Justice O'Neill

In Re Palm Harbor Homes, No. 04-0490 (Tex. Jun. 9, 2006)(mandamus)(Justice Johnson)
In Re Palm Harbor Homes, No. 04-0490 (Tex. Jun. 9, 2006)(mandamus)(Concurrence by O'Neill)
[arbitration, motion to compel arbitration, arbitration clause, binding, nonbinding, unconscionable]

2006 Majority Opinions by Justice Harriet O'Neill

Hallco Texas, Inc. v. McMullen County, No. 02-1176 (Tex. Dec. 29, 2006)(Justice O’Neill)
Justice Hecht delivered a dissenting opinion

Ben-Bolt-Palito Blanco Cons. ISD v. Texas Political Subdivisions, No. 05-0340 (Tex. Dec. 29, 2006)(O’Neill)
[sovereign immunity]
Justice Willett delivered a dissenting opinion

City of Houston v. Clark, No. 04-0930 (Tex. Jun. 30, 2006)(Justice Harriet O’Neill))

City of Marshall v. City of Uncertain, No. 03-1111 (Tex. Jun. 9, 20069)(Justice O’Neill)

City of Houston v. Jackson, No. 04-0465 (Tex. Apr. 7, 2006)(Justice O’Neill)
[sovereign immunity law, cities, firefighter pay]

Olveda v. Sepulveda, MD, No. 04-0707 (Tex. Mar. 3, 2006)(Dissent from denial of petition for review, by
Justice Harriet O’Neill)

In Re Lumbermens’ Mutual Casualty Co., No. 04-0245 (Tex. Feb 3, 2006)(mandamus)(Justice O’Neill)

GTE Mobilnet of Houston v. Chair King, No. 04-0570 (Tex. Feb. 3, 2006)(Justice O’Neill)

Also see ---> 2006 Texas Supreme Court Per Curiam Opinions | 2007 Per Curiam Opinions |
Opinions by fellow justices: Chief Justice Wallace B. Jefferson | Ju stice Nathan L. Hecht |
Justice Harriet O'Neill | Justice Dale Wainwright | Justice Scott A. Brister | Justice David Medina |
Justice Paul W. Green | Justice Phil Johnson | Justice Don R. Willett |