Among principal issues are (1) whether the trial court abused its discretion by refusing to enforce venue agreements under Texas' major-transaction statute and forum-selection agreements and (2) whether the trial court erred by refusing to dismiss the case for lack of standing because of a pending bankruptcy. In the underlying litigation Richey sued Fisher and Boudreaux, whose limited partnership bought Richey's oilfield-construction firm, and Bank of America, which through a predecessor bank financed the company's operations after the sale. The limited partnership later filed for bankruptcy. Richey, who continued as president of the company he sold, sued in Wise County, seeking $6.5 million he was owed from the sale, $1 million he contends he loaned the partnership and damages to his reputation. He argues Wise County, his home county, is the proper venue because of his defamation claim. Various agreements related to the Richey-company sale and for the bank's line of credit stipulated where lawsuits could be filed (none included Wise County). Fisher and Boudreaux argued that the venue and forum-selection clauses required the suit to be tried outside Wise County or in bankruptcy court. The court of appeals denied their petition for mandamus relief.

09-0432 In re Olshan Foundation Repair Co., LLC, and Olshan Foundation Repair Co. of Dallas, Ltd. from Wise County and the Second District Court of Appeals, Fort Worth consolidated for oral argument with 09-0433, 09-0474 and 09-0703 For relators: Stephan B. Rogers, Boerne For real parties in interest: Todd Lipscomb, San Antonio The principal issues are (1) whether in a dispute over home repairs the Federal Arbitration Act applies in an arbitration agreement specifying application of Texas law but that does not exclude federal law and (2) whether claims of Texas Home Solicitation Act violations should be arbitrated or decided by a court. In these cases homeowners sued Olshan based on engineering reports, written by the same engineer, concluding Olshan had not properly repaired their foundations. In three of the cases choice-of-law provisions in the contracts stipulated binding arbitration "pursuant to the arbitration laws in your state." Homeowners in those case argue that the federal arbitration statute does not apply, rendering the arbitration provisions unenforceable under Texas law (Texas Civil Practice and Remedies Code section 171.002) because the contracts were not signed by the parties and their attorneys. The trial courts denied Olshan's plea to abate and compel arbitration in each case and the courts of appeals denied mandamus relief in each. 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

07-0541 TXI Transportation Co., et al. v. Randy Hughes, et al. from Wise County and the Second District Court of Appeals, Fort Worth For petitioners: Reagan W. Simpson, Houston For respondents: Brian Stagner, Fort Worth The Supreme Court will hear arguments on whether evidence that driver in collision was illegal immigrant was properly admitted. The principal issues are (1) whether evidence that a truck driver involved in a fatal truck-SUV collision was an illegal immigrant was properly admitted for impeachment purposes; (2) whether the trial court improperly overruled a Batson challenge over the only Hispanic venireman struck; (3) whether the trial court improperly excluded defense testimony from a state trooper regarding a tire blowout that might have contributed to cause the accident or cell phone records showing an incoming call to the SUV driver at the time of the accident; and (4) whether the trial court improperly allowed claims for wrongful death of unborn children (the verdict on those claims was not included in the judgment). The Court will hear three arguments beginning at 9 a.m. in the Hillcrest Classroom in the Underwood Law Library at Southern Methodist University's Dedman School of Law in Dallas. Each side in each case 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

09-0905 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