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Federal District Court Rules That ERISA Preempts Tennessee Statute Requiring Health Plans to Accept Any Willing Provider for Pharmacy Benefits
A federal district court has ruled that an any-willing provider statute virtually identical to legislation currently proposed in Texas is pre-empted by ERISA. The...
The Proper Role of Public Nuisance Lawsuits by Middleton SB 779
SB 779 by Middleton (R-Galveston)/HB 3964 by Vasut (R-Angleton): Adds Chapter 100C, Civil Practice & Remedies Code, to limit actions for damages or other relief...
Fort Worth Court of Appeals Rules in Favor of Denton County Voter Challenge to Transportation Bond Election
In an opinion that flatly contradicts a recent decision by the 15th Court of Appeals, the Fort Worth Court of Appeals has held that a small group of voters have...
Dallas Court of Appeals Reverses Trial Court Denial of Defendant’s Special Appearance in Product Liability Case
The Dallas Court of Appeals has reversed a trial court denial of a German manufacturer’s special appearance in a product liability case arising out of the...
Time to Revisit the Standards for Awarding Mental Anguish Damages?
by George Christian | Jan 12, 2022 The return of nuclear verdicts to Texas courts (and attorney television advertising) and the recently launched efforts of the...
Fort Worth Court of Appeals Rules for BNSF in Coverage Dispute Arising from Montana Asbestos Litigation
The Fort Worth Court of Appeals has ruled in favor of BNSF in a coverage and duty to defend dispute with Zurich arising from policies in effect from 1965 to 1974....
HEARINGS ALERT! Bills Set for Hearing
Bills of interest to TCJL members set for hearing next week. NUCLEAR VERDICTS Senate State Affairs 9:00, Monday, March 24, 2025 Senate Chamber Hearing Notice Video...
TCJL Tracking Report 3-28-25
TCJL Tracked Bill List 3.27.25 March 27, 2025 This list is current through 5 p.m. on Thursday, March 27, 2025. SB 30 (medical/non-economic damages) will be...
Corpus Christi Court of Appeals Mandamuses Hidalgo County Trial Court in Venue Dispute
The Corpus Christi Court of Appeals has conditionally granted an energy services company’s petition for writ of mandamus ordering a Hidalgo County trial court to...
Beaumont Court of Appeals Mandamuses MDL Court to Dismiss Investor Entities from TPC Plant Explosion Case
The Beaumont Court of Appeals has in all likelihood closed the door on MDL plaintiffs’ attempts to hold various investor entities liable for a chemical plant...
Federal District Court Rules That ERISA Preempts Tennessee Statute Requiring Health Plans to Accept Any Willing Provider for Pharmacy Benefits
A federal district court has ruled that an any-willing provider statute virtually identical to legislation currently proposed in Texas is pre-empted by ERISA. The U.S. Sixth Circuit Court of Appeals had previously reversed the court’s dismissal of the employer’s...
The Proper Role of Public Nuisance Lawsuits by Middleton SB 779
SB 779 by Middleton (R-Galveston)/HB 3964 by Vasut (R-Angleton): Adds Chapter 100C, Civil Practice & Remedies Code, to limit actions for damages or other relief based on common law public nuisance, whether asserted as a cause of action or an injury. Provides that...
Fort Worth Court of Appeals Rules in Favor of Denton County Voter Challenge to Transportation Bond Election
In an opinion that flatly contradicts a recent decision by the 15th Court of Appeals, the Fort Worth Court of Appeals has held that a small group of voters have standing to contest the outcome of a bond election. Sharon P. Jorolan, Logan B. Young, Michelle Pique,...
Dallas Court of Appeals Reverses Trial Court Denial of Defendant’s Special Appearance in Product Liability Case
The Dallas Court of Appeals has reversed a trial court denial of a German manufacturer’s special appearance in a product liability case arising out of the high-profile redevelopment of the Statler Hotel in Dallas. Aquatherm GmbH v. Commerce Statler Development, LLC...
Time to Revisit the Standards for Awarding Mental Anguish Damages?
by George Christian | Jan 12, 2022 The return of nuclear verdicts to Texas courts (and attorney television advertising) and the recently launched efforts of the medical malpractice plaintiff’s bar to convince the federal courts to strike down Texas’ cap on noneconomic...
Fort Worth Court of Appeals Rules for BNSF in Coverage Dispute Arising from Montana Asbestos Litigation
The Fort Worth Court of Appeals has ruled in favor of BNSF in a coverage and duty to defend dispute with Zurich arising from policies in effect from 1965 to 1974. Zurich American Insurance Company, As Successor By Merger to Maryland Casualty Company v. The Burlington...
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