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by Litigation
SCOTX Reverses Dallas Court of Appeals, Rules That a Tornado is a Windstorm
Almost two years ago we reported on a Dallas Court of Appeals decision holding that a homeowners insurance policy with a special deductible for damage caused by a...
San Antonio Court of Appeals Hands Bexar CAD Major Defeat in Taxpayer Lawsuit
The San Antonio Court of Appeals has dealt the Bexar Central Appraisal District a legal defeat that cost local governments in the county millions of dollars in...
Houston [1st] Court of Appeals Affirms TC Denial of Chapter 74 Motion to Dismiss for Inadequate Expert Report
In this interlocutory appeal, the Houston [1st] Court of Appeals affirmed the trial court’s order denying a motion to dismiss a healthcare liability claim based on...
Corpus Christi Court of Appeals Reverses TC Order Denying Trustee’s TCPA Motion to Dismiss as to Some Claims, Not Others
In this interlocutory appeal, Frost Bank contended the TC erred in denying its motion to dismiss under the Texas Citizens Participation Act (TCPA). Frost Bank v....
SCOTX to Hear Arguments in Big Qui Tam Medicaid Fraud Case
This morning SCOTX will hear oral arguments in a case analyzing the materiality requirements of “false statement” and “omission” claims under the Texas Medicaid...
Business Court Denies Defense Motion to Reconsider Remand Order and for Permissive Appeal
The Business Court has reaffirmed its decision last month to grant a plaintiff’s motion to remand a case to district court because the defendants’ motion was...
19 Justices and Judges (And Counting) Receive Board Certification in Judicial Administration
Prior to the 2023 legislative session, TCJL proposed the creation of a new board certification for sitting justices and judges and those attorneys with an interest...
Houston [1st] Court of Appeals Mandamuses Trial Court That Ignored a Valid Appraisal Clause in Homeowner Policy
The First District Court of Appeals has granted an insurance company’s writ of mandamus after a trial court denied its motion to compel appraisal. In Re American...
Business Court Rules It Has Jurisdiction in Dispute Between Title Companies Involving Misappropriation of Customer Lists
The Business Court has denied a title company’s motion to remand its claims against another title company and former employee for conspiring to steal its customers....
Houston [1st] Court of Appeals Affirms TC Summary Judgment Dismissing Developer, Engineers from Hurricane Harvey Suit by Homeowners
The Houston [1st] Court of Appeals has declined the opportunity to impose a new common law duty on a developer of a residential subdivision that years after the...
SCOTX Reverses Dallas Court of Appeals, Rules That a Tornado is a Windstorm
Almost two years ago we reported on a Dallas Court of Appeals decision holding that a homeowners insurance policy with a special deductible for damage caused by a “windstorm” does not apply to damage caused by a tornado. Last April SCOTX granted review. In an opinion...
San Antonio Court of Appeals Hands Bexar CAD Major Defeat in Taxpayer Lawsuit
The San Antonio Court of Appeals has dealt the Bexar Central Appraisal District a legal defeat that cost local governments in the county millions of dollars in property tax revenue. Bexar Appraisal District v. Abasto Properties, et al. (No. 04-22-00675-CV; December...
Houston [1st] Court of Appeals Affirms TC Denial of Chapter 74 Motion to Dismiss for Inadequate Expert Report
In this interlocutory appeal, the Houston [1st] Court of Appeals affirmed the trial court’s order denying a motion to dismiss a healthcare liability claim based on an inadequate expert report. In Methodist Health Centers and The Methodist Hospital v. Scott Mackender...
Corpus Christi Court of Appeals Reverses TC Order Denying Trustee’s TCPA Motion to Dismiss as to Some Claims, Not Others
In this interlocutory appeal, Frost Bank contended the TC erred in denying its motion to dismiss under the Texas Citizens Participation Act (TCPA). Frost Bank v. Michele Glenn, Individually, Perry Hiller, Individually and as Duly Appointed Administrator of the Estate...
SCOTX to Hear Arguments in Big Qui Tam Medicaid Fraud Case
This morning SCOTX will hear oral arguments in a case analyzing the materiality requirements of “false statement” and “omission” claims under the Texas Medicaid Fraud Prevention Act (TMFPA). The Houston [1st] Court of Appeals reversed and remanded a lower court’s...
Business Court Denies Defense Motion to Reconsider Remand Order and for Permissive Appeal
The Business Court has reaffirmed its decision last month to grant a plaintiff’s motion to remand a case to district court because the defendants’ motion was untimely. Sun Metals Group, LLC v. Shuangcheng Yu, Mengling Sun, Sunmetals Products of American, Inc, and...
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TPLF: Third Party Litigation Funding
Pandemic Liability Two Years On
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