Bullock v. American Heart Ass'n, 360 S.W.3d 661

Bullock was discharged from AHA on May 12, 2006 as part of a departmental reorganization.
Bullock signed a Separation and Release Agreement after reviewing it with counsel; three payments were to Bullock beginning May 2006.
AHA inadvertently deposited five extra payments, resulting in an overpayment of $17,263.15 to Bullock.
AHA demanded repayment of the overpayments on November 28, 2006; Bullock refused and demanded more money, asserting various claims.
AHA sued to recover the overpayments; Bullock asserted counterclaims and requested a jury; AHA moved to strike the jury demand and enforce a contractual jury waiver.
The trial court granted summary judgment for AHA on all issues except attorney’s fees; a bench trial on fees awarded AHA its fees, and judgment was entered in AHA’s favor.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Legality of the Agreement preserved	Bullock argues the release is illegal and waives labor rights and pension benefits.	AHA contends the issue was not properly preserved and the waiver is enforceable.	Issue waived for improper briefing; not reviewable.
Whether the jury waiver was knowing and voluntary	Bullock contends waiver was not knowing/voluntary; burden on enforcer to show knowledge.	AHA cites controlling law that a conspicuous waiver is prima facie evidence of knowing voluntary waiver.	Waiver was conspicuous; court upheld enforcing the jury waiver.
Apex depositions	Bullock sought apex depositions of senior AHA executives; argued for discovery of relevant knowledge.	AHA asserted executives lacked unique knowledge and depositions were improper work product/undue burden.	Court upheld quashing subpoenas/apex depositions; no showing of unique knowledge.
Summary judgment on Bullock's claims and damages	Bullock claimed there were genuine fact issues on fraud, constructive discharge, age discrimination, estoppel, and duress; disputed damages.	AHA argued all claims released by the Agreement; EEOC claim untimely; damages properly awarded.	Summary judgment affirmed; claims released; damages upheld.
Attorney's fees	Bullock contested fee recovery under improper pleadings and lack of particularization.	AHA sought fees under Chapter 38 for Bullock's breach of contract.	Fees awarded to AHA; issues related to record and briefing held waived or unsupported.

In re Bank of America, N.A., 278 S.W.3d 342 (Tex. 2009) (no presumption against jury waivers; conspicuous waiver is prima facie evidence)
In re General Elec. Capital Corp., 203 S.W.3d 314 (Tex. 2006) (burden shifts to opposing party if waiver is conspicuous)
Crown Central Petroleum Corp. v. Garcia, 904 S.W.2d 125 (Tex. 1995) (apex deposition guidelines; burden on movant to show unique knowledge)
In re Daisy Mfg. Co., 17 S.W.3d 654 (Tex. 2000) (apex deposition procedure; less intrusive methods first)
In re Alcatel USA, Inc., 11 S.W.3d 173 (Tex. 2000) (apex deposition considerations and protective orders)