Summary
Justice Evan A. Young, joined by Justice Blacklock, concurs in the Texas Supreme Court’s judgment but argues that the Court should reconsider its approach to recognizing new common-law tort duties. The concurrence emphasizes the judiciary’s limited lawmaking role in highly regulated areas, including automobile-insurance claims processing, and suggests that courts should defer to comprehensive statutory and regulatory schemes.
Questions Presented
- Whether Texas courts should reconsider their framework for recognizing new common-law duties in negligence cases, particularly the practice of weighing social, economic, political, and related policy considerations.
- Whether the existence of comprehensive statutory and regulatory schemes should cause courts to refrain from creating or retaining extra-statutory tort duties in highly regulated contexts such as automobile-insurance claims processing.
Disposition
other
Cases Cited (14)
- In re State, 602 S.W.3d 549 (Tex. 2020)(followed for proposition)
- Chambers-Liberty Counties Navigation District v. State, 575 S.W.3d 339 (Tex. 2019)(followed for proposition)
- Archer v. Anderson, 556 S.W.3d 228 (Tex. 2018)(followed for proposition)
- Morath v. The Texas Taxpayer & Student Fairness Coalition, 490 S.W.3d 826 (Tex. 2016)(followed for proposition)
- Strickland v. Medlen, 397 S.W.3d 184 (Tex. 2013)(followed for proposition)
- Texas Mutual Insurance Co. v. Ruttiger, 381 S.W.3d 430 (Tex. 2012)(followed)
- Aranda v. Insurance Co. of North America, 748 S.W.2d 210 (Tex. 1988)(overruled)
- Arnold v. National County Mutual Fire Insurance Co., 725 S.W.2d 165 (Tex. 1987)(followed as historical foundation)
- Pagayon v. Exxon Mobil Corp., 536 S.W.3d 499 (Tex. 2017)(followed as existing precedent)
- Humble Sand & Gravel, Inc. v. Gomez, 146 S.W.3d 170 (Tex. 2004)(followed as existing precedent)
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