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TxDOT Tort Claims Act Case Gets SCOTX’s Attention
The Texas Supreme Court will hear a case brought by landowners against TxDOT for damages resulting from the removal of trees and brush from their property. Texas...
TCJL Files Brief in Discovery Abuse Case
TCJL has filed an amicus brief in the Texas Supreme Court in a troubling case of discovery abuse from a Dallas County Court at Law. In re Lyft (No. 23-0379) arose...
Pandemic Liability Protection Act (SB 6, 2021) Served Its Purpose, Faces Legal Challenge
With the termination of Governor Abbott’s declared state of emergency for COVID-19 on June 15, the more than three-year period covered by the Pandemic Liability...
Corpus Christi Court of Appeals Reverses TC Grant of Landowners’ Bill of Review in Inverse Condemnation Case
Plaintiffs own property within the city, which owns and operates a leaky underground water pipe running through the property that has repeatedly flooded it, despite...
TCJL Files Brief in Fifth Circuit Question to SCOTX Regarding Attorney’s Fees Under 2017 Hailstorm Legislation
On July 12 the U.S. Court of Appeals for the Fifth Circuit requested the Texas Supreme Court to weigh in on the effect of the Texas Legislature’s 2017 amendments to...
SCOTX Grants Review in Railroad Accident Wrongful Death Case
On September 1 the Texas Supreme Court granted review of a San Antonio Court of Appeals decision reversing a summary judgment in favor of the railroad company in a...
SCOTX Will Review Constitutional Challenge to Public Adjuster Law (Chapter 4102, Insurance Code)
In the wake of a series of 2003 hailstorms that resulted in a huge spike in roof claims (not to mention litigation against insurers), the Texas Legislature passed a...
SCOTX Grants Review in $13 Million Oil-and-Gas Lease Dispute
The Texas Supreme Court has agreed to review a Beaumont Court of Appeals decision upholding a $13.1 million judgment in favor of lessors of oil-and-gas leases in...
SCOTX Finds No Abuse of Discretion in Trial Court Decision to Allow Defense Witness Testimony in Death Case
Overturning a split panel of the Houston [14th] Court of Appeals, the Texas Supreme Court has restored a trial court’s denial of plaintiff’s motion to exclude the...
SCOTX Reverses and Remands to Waco Court of Appeals on Arbitrability Issue
In a per curiam opinion, the Texas Supreme Court has directed the Waco Court of Appeals to reconsider a decision affirming a trial court order denying a motion to...
TxDOT Tort Claims Act Case Gets SCOTX’s Attention
The Texas Supreme Court will hear a case brought by landowners against TxDOT for damages resulting from the removal of trees and brush from their property. Texas Department of Transportation v. Mark Self and Birgit Self (No. 22-0585; 02-21-00240-CV; delivered April...
TCJL Files Brief in Discovery Abuse Case
TCJL has filed an amicus brief in the Texas Supreme Court in a troubling case of discovery abuse from a Dallas County Court at Law. In re Lyft (No. 23-0379) arose from a personal injury lawsuit in which plaintiff sought discovery of Lyft’s excess insurance policies,...
Pandemic Liability Protection Act (SB 6, 2021) Served Its Purpose, Faces Legal Challenge
With the termination of Governor Abbott’s declared state of emergency for COVID-19 on June 15, the more than three-year period covered by the Pandemic Liability Protection Act (SB 6, 2021) has likewise come to an end. By all accounts, SB 6 succeeded in making sure...
Corpus Christi Court of Appeals Reverses TC Grant of Landowners’ Bill of Review in Inverse Condemnation Case
Plaintiffs own property within the city, which owns and operates a leaky underground water pipe running through the property that has repeatedly flooded it, despite the city’s efforts to repair the pipe. Plaintiffs sued the city, asserting claims of inverse...
TCJL Files Brief in Fifth Circuit Question to SCOTX Regarding Attorney’s Fees Under 2017 Hailstorm Legislation
On July 12 the U.S. Court of Appeals for the Fifth Circuit requested the Texas Supreme Court to weigh in on the effect of the Texas Legislature’s 2017 amendments to the Texas Prompt Payment of Claims Act, Chapter 542A, Insurance Code. The amendments responded to the...
SCOTX Grants Review in Railroad Accident Wrongful Death Case
On September 1 the Texas Supreme Court granted review of a San Antonio Court of Appeals decision reversing a summary judgment in favor of the railroad company in a wrongful death claim. Lonestar Resources, Inc., Ezra Alderman Ranches, Inc., and Union Pacific Railroad...
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TCJL Legislative
Analysis Process
TCJL Journal
Summer 2021
Highlights
TCJL 2021 Legislators of the Year
• Senator Kelly Hancock (R-North Richland Hills)
• Senator Brian Birdwell (R-Granbury)
• Senator Lois Kolkhorst (R-Brenham)
• Representative DeWayne Burns (R-Cleburne)
• Representative Joe Deshotel (D-Beaumont)
• Representative Reggie Smith (R-Sherman)
2021 Session Report
• Judicial Reform
• Tort Liability
• Medical Liability
• Product Liability
• Eminent Domain
• Oil & Gas Litigation
• Commercial Litigation
• Employment Law
• Construction Law
• Procedure/Discovery/Privilege/Limitations
• Insurance
• Workers Compensation
• Civil Rights
• Court Records, Filing Fees, and Costs
• Judicial Matters
• Jury Matters
• Attorney’s Fees
• Practice of Law
• Landlord-Tenant
• Administrative Procedures
Amicus Report
• In Re Leon Paul Savoy
• In Re ExxonMobil
• In Re K&L Auto Crushers and Gothard
• In Re Southwestern Energy
• ExxonMobil v San Francisco
• Plaquemines Parish v Riverwood
• Signature Industrial and Ogden v International Paper
• Brewer v Lennox
• Van Dyke v Builders West
• Texas Mutual v PHI Air Medical
• Khosrow Sadeghian v Jaco
• Hlavinka v HSC
• In re Academy
87th Legislature Shrinks Government Power During Pandemic
Dallas Court Upholds Nuclear Verdict in Product Liability Case
Eminent Domain Reforms Enacted
SCOTX Addresses Paid or Incurred, Medical Expense Affidavits
Redistricting
SCOTX Approves Use of Declaratory Judgment Act, Attorney Fees in UIM Cases
Chairman’s Column
TCJL Board of Directors