![]() makes technology that estimates the current and future value of residential real estate. We remand for the trial court to exercise its discretion under the applicable provisions of both TUTSA and Rule 76a. Because the trial court failed to apply the non-displaced provisions of Rule 76a in ruling on the motion to reconsider, it abused its discretion in granting that motion, and we affirm the portion of the court of appeals’ judgment that reverses the sealing order. We hold that TUTSA displaces some provisions of Rule 76a but does not provide an independent, self-contained pathway for sealing court records. The trial court denied a motion to seal brought under Rule 76a, then granted a motion to reconsider that relied exclusively on section 134A.006a of TUTSA. In this case, we consider whether the Texas Uniform Trade Secrets Act (TUTSA) provides a separate pathway for sealing court records to which Texas Rule of Civil Procedure 76a does not apply. JUSTICE HUDDLE did not participate in the Court’s decision. CHIEF JUSTICE HECHT filed an opinion concurring in the judgment, joined by JUSTICE BLAND. TITLE SOURCE, INC., REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, AND HOUSTON FORWARD TIMES, RESPONDENTS ON PETITION FOR REVIEW FROM THE COURT OF APPEALS FOR THE FOURTH DISTRICT OF TEXAS Argued OctoJUSTICE BUSBY delivered the opinion of the Court in which JUSTICE GUZMAN, JUSTICE LEHRMANN, JUSTICE BOYD, JUSTICE DEVINE, and JUSTICE BLACKLOCK joined. F/K/A CANARY ANALYTICS, INC., PETITIONER, V. ![]() The Supreme Court remanded this case to the trial court to exercise its discretion under the applicable provisions of both TUTSA and Rule 76a, holding that the trial court erred by failing to apply the non-displaced provisions of Rule 76a in ruling on the motion to reconsider. The trial court denied the motion to seal but then granted Defendant's motion to reconsider that relied exclusively on section 134A.006a of TUTSA. Defendant subsequently filed a Rule 76a motion to seal thirty trial exhibits. Plaintiff sued Defendant for breach of contract, and Defendant asserted counterclaims, including misappropriation of trade secrets. Code 134A.006a, does not provide an independent, self-contained pathway for sealing court records. 76a, holding that the Texas Uniform Trade Secrets Act (TUTSA), Tex. The Supreme Court affirmed the portion of the judgment of the court of appeals reversing the judgment of the trial court granting a motion to reconsider the court's denial of a motion to seal brought under Tex.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |