Legal Opinion

Rosemarie Satterfield, as Representative of the Estate of Jerrold Braley v. Crown Cork & Seal Company, Inc., Individually and as Successor to Mundet Cork Corporation

Texas Court of Appeals, 3rd District (Austin)

Decided August 29, 2008No. 03-04-00518-CVPublished

1Opinion of the Court

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00518-CV

Rosemarie Satterfield, as Representative of the Estate of

Jerrold Braley, Deceased, Appellant

v.

Crown Cork & Seal Company, Inc., Individually and as Successor to

Mundet Cork Corporation, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT

NO. GN403145, HONORABLE PETER M. LOWRY, JUDGE PRESIDING

O P I N I O N

The issue presented is whether a statute that extinguishes a litigant's right to pursue an accrued and pending common law cause of action--without providing a grace period--transcends the legislature's power.…

2Cases cited110 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  3. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  4. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  5. Meyer v. NebraskaSupreme Court of the United States · 1923

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