Texas Supreme Court

Sonat Exploration Company, Petitioner v. Cudd Pressure Control, Inc., Respondent

November 21, 200852 Tex. Sup. Ct. J. 137

Summary

The Texas Supreme Court affirmed the Court of Appeals' reversal of the trial court’s application of Texas law and remanded for further proceedings applying Louisiana law to the indemnity dispute. The Court held that the parties’ contract, though lacking an explicit choice-of-law clause for Louisiana work, implicitly selected Louisiana law, and that Cudd’s Rule 11 waiver did not preclude its insurer from raising the issue. The Court also affirmed that the appeal should be remanded rather than rendered.