Yeah, that’s an interesting point, but I don’t think it matters for purposes of the long arm statute. The case needs to arise out of the contract but it’s not limited to claims brought by the Texas contracting party (see, e.g. Tex. Civ. P. & R. Code sec. 17.043)
The problem as I see it is that ANYONE could poke around in someone’s medicine cabinet and cause the wolves to howl. Or their garbage can. Even when all directly involved were cool with it. Say it was something different. An out of state person doesn’t strictly meet the terms of a sales contract the parties agreed to, but both sides figure out a compromise. But the mother in law is outraged and reports the situation to Texas. Should Texas be able to sue the seller on behalf of a satisfied party? There’s a disconnect here.
I don’t that’s quite right. The hook here for the AG is that the contract in question is illegal under Texas law, which gives him a cause of action against the doctor.
If two people have an otherwise legal contract and someone else doesn’t like how it was performed, that third person has no standing to sue because they are not legally aggrieved.
The problem is that the patient is not complaining.
Yeah, that’s an interesting point, but I don’t think it matters for purposes of the long arm statute. The case needs to arise out of the contract but it’s not limited to claims brought by the Texas contracting party (see, e.g. Tex. Civ. P. & R. Code sec. 17.043)
The problem as I see it is that ANYONE could poke around in someone’s medicine cabinet and cause the wolves to howl. Or their garbage can. Even when all directly involved were cool with it. Say it was something different. An out of state person doesn’t strictly meet the terms of a sales contract the parties agreed to, but both sides figure out a compromise. But the mother in law is outraged and reports the situation to Texas. Should Texas be able to sue the seller on behalf of a satisfied party? There’s a disconnect here.
I don’t that’s quite right. The hook here for the AG is that the contract in question is illegal under Texas law, which gives him a cause of action against the doctor.
If two people have an otherwise legal contract and someone else doesn’t like how it was performed, that third person has no standing to sue because they are not legally aggrieved.