Second Court of Appeals | Case Summaries

Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of December 11, 2006

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Jain v. Stafford, No. 02-06-00250-CV (Dec. 14, 2006) (Walker, J., joined by Cayce, C.J., and McCoy, J.).: Held: The court lacks jurisdiction over an appeal of an order denying a motion to dismiss based on inadequacies of expert reports in a health care liability claim. Because the trial court's order neither denied relief despite the lack of timely filed expert reports nor granted relief based on the trial court's determination that the expert reports were not a good faith effort to comply with the definition of an expert report, the court lacks jurisdiction over this appeal.
TravelJungle v. American Airlines, Inc., No. 02-06-00178-CV (Dec. 14, 2006) (Livingston, J., joined by Gardner and Walker, JJ.).: Held: On the facts of this special appearance case, TravelJungle did not meet its burden under the appropriate standard of review to negate all bases of personal jurisdiction, specifically, American's allegations of specific jurisdiction arising out of TravelJungle's conduct directed at American's servers in Plano, Texas. The evidence showed that from February 2003 to June 2004 TravelJungle, which operates a website that gathers hotel, car rental, and airline flight schedules and fare information in response to internet requests from consumers, purposefully included AA.com, American's website, in its search script, and sent software to search AA.com for fare and flight information, if American provided service to the user-requested arrival and departure cities. TravelJungle's representative admitted that there might be contact between its software and American's servers. In addition, American presented evidence that on one day, AA.com received 2,972 "hits" from an IP address that was registered to TravelJungle.