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by Litigation
Business Court Dismisses Former LLC Mermber’s Derivative Claims for Lack of Standing
The Business Court has ruled that a member of an LLC previously compelled to assign his membership interest by court order lacks standing to bring derivative claims...
14th Court of Appeals Enforces Joint Venture Agreement in Dispute Between Midstream Entities Over Ownership of Fractionator
The 14th [Houston] Court of Appeals has affirmed a trial court summary judgment in a dispute between midstream companies over whether a new fractionator was a joint...
Houston [1st] Court of Appeals Upholds TC Sanctions in Bad Faith Merger Tax Lawsuit
The Houston [1st] Court of Appeals has upheld a trial court’s sanctions against a New York lawyer for filing a bad faith suit to enjoin the merger of two energy...
SCOTX Reverses Dallas Court of Appeals’ Remand for New Trial
The Texas Supreme Court has reversed a Dallas Court of Appeals ruling that remanded for new trial a case based on a spoliation instruction that Plaintiff asked for...
Business Court Rules That Company Agreement Required Minority Owner to Transfer Its Member Units Following Sale of 100% of Company
The Business Court has rejected the attempt by a minority equity holder in a limited partnership to block a sale of the entity to a third-party. Energy Founders...
Business Court Rejects Former Director/Member’s Motion to Compel Advancement of Defense Costs
The Business Court has denied a former company director’s motion to compel the advancement of defense costs in a lawsuit brought by entity to whom the director was...
Justices Young, Sullivan, and Hawkins Call for SCOTX to Bolster Bostic’s Proof-of-Dose Requirement in Asbestos Cases
In an opinion concurring with SCOTX’s denial of review of an asbestos case from the Houston [14th] Court of Appeals, Justice Young, joined by Justices Sullivan and...
Business Court Dismisses Fraud Claims Against Out-of-State Trailer Manufacturer for Lack of Jurisdiction
The Business Court has dismissed a truck and trailer financing company’s fraud claims against an Indiana-based trailer manufacturer for lack of jurisdiction. Daimer...
15th Court of Appeals Sides with Airline in Dispute With Comptroller Over Application of Franchise Tax to Transportation Revenues
In a case of first impression, the 15th Court of Appeals has held that the federal Anti-Head Tax Act preempts the application of the Texas franchise tax to revenues...
SCOTX Mandamuses Trial Court That Granted New Trial to Plaintiff After 11-1 Defense Verdict
The Texas Supreme Court has granted a physician’s petition for writ of mandamus to compel a trial court to vacate its order granting a new trial where the jury...
Business Court Dismisses Former LLC Mermber’s Derivative Claims for Lack of Standing
The Business Court has ruled that a member of an LLC previously compelled to assign his membership interest by court order lacks standing to bring derivative claims on behalf of the LLC. Michael D. Crain, individually and derivatively on behalf of Northern Crain...
14th Court of Appeals Enforces Joint Venture Agreement in Dispute Between Midstream Entities Over Ownership of Fractionator
The 14th [Houston] Court of Appeals has affirmed a trial court summary judgment in a dispute between midstream companies over whether a new fractionator was a joint venture asset. Mont Belvieu Caverns, LLC; Enterprise Products of Texas Operating LLC; and Enterprise...
Houston [1st] Court of Appeals Upholds TC Sanctions in Bad Faith Merger Tax Lawsuit
The Houston [1st] Court of Appeals has upheld a trial court’s sanctions against a New York lawyer for filing a bad faith suit to enjoin the merger of two energy companies in order to extort a settlement. Dr. Robert Corwin, Richard B. Brualdi, and the Brualdi Law Firm,...
SCOTX Reverses Dallas Court of Appeals’ Remand for New Trial
The Texas Supreme Court has reversed a Dallas Court of Appeals ruling that remanded for new trial a case based on a spoliation instruction that Plaintiff asked for and relied on to avoid having to adequately prove its damages. Ron Valk d/b/a Platinum Construction v....
Business Court Rules That Company Agreement Required Minority Owner to Transfer Its Member Units Following Sale of 100% of Company
The Business Court has rejected the attempt by a minority equity holder in a limited partnership to block a sale of the entity to a third-party. Energy Founders Fund, LP v. Phillip Daskevich and Cris Curnutt Daskevich (2026 Tex. Bus. 18; April 10, 2026) arose from a...
Business Court Rejects Former Director/Member’s Motion to Compel Advancement of Defense Costs
The Business Court has denied a former company director’s motion to compel the advancement of defense costs in a lawsuit brought by entity to whom the director was obliged to transfer his membership units. Energy Founders Fund, LP v. Phillip Daskevich and Cris Curnutt...
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