(Justice Green not sitting) 09-0039 BIC Pen Corp. v. Janace M. Carter from Matagorda County and the 13th District Court of Appeals, Corpus Christi/Edinburg For petitioner: Reagan W. Simpson, Austin For cross-petitioner/respondent: Lisa Powell, McAllen Principal issues in this case involving injuries resulting from a child playing with a lighter are (1) whether federal law preempts the manufacturing-defect claim and the causation theory based on it; (20 whether legally sufficient evidence supported causation and a manufacturing defect; and (3) whether legally sufficient evidence supported the jury's malice finding for exemplary damages. The Court earlier held that federal law by implication preempted a lighter design-defect claim in reversing a judgment for Carter. On remand, the court of appeals affirmed the jury's manufacturing-defect verdict for Carter, but reversed the punitive-damages award. The first argument begins at 9 a.m. in the courtroom in Austin. Each side will have 20 minutes for argument. This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Court's staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court's opinion about case merits. Texas Supreme Court advisory Contact: Osler McCarthy, Staff Attorney for Public Information (512) 463.1441 or email: osler.mccarthy@courts.state.tx.us

This case raises questions of who owns the right to use underground salt caverns created through the salt-extraction process and how a salt royalty interest is calculated.