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TCJL Weighs in Case Interpreting “Willful Misconduct” in Oil & Gas Joint Operating Agreements
Last week TCJL filed an amicus letter in support of a motion for rehearing in a case that should be of great concern to folks in the oil patch. The Texas Supreme...
TCJL Legislative Tracking Report 3-17-23
TCJL Tracked Bill List Friday, March 17, 2023 To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx New...
Proposed Legislation Creates 115 New Causes of Action and 104 New Penalties Against Businesses, 31 Causes of Action and 30 Penalties Against Health Care Providers
With the March 10 deadline for filing new bills in the rearview mirror, TCJL is tracking hundreds of bills that create new private causes of action, new liability...
Update on New Causes of Action at Close of Bill Filing
Since we took our first snapshot of new causes of action in January, we expressed concern that what we were seeing constituted an ominous trend. Now that March 10...
SCOTX Grants Review in Two Cases Dealing With Adequacy of Medical Authorization; Legislature Weighing In As Well (HB 3063)*
The Texas Supreme Court has agreed to hear two cases involving an important aspect of the 2003 health care liability reforms. The cases present the court with...
TCJL Submits Amicus Letter in Excess Policy Interpretation Case
A few months ago we reported on a Houston [14th] Court of Appeals case in which the court rejected the insurer’s argument that an excess policy with a “following...
TCJL HEARING ALERT for House JCJ, 8:00a on Wednesday 3-15-23
Texas Civil Justice League HEARING ALERT Please attend the hearing or send someone to and sign a card FOR HB 1561 and HB 1372. Texas residents who wish to...
SCOTX Rules for Landowners in Royalty Dispute
On Friday the Texas Supreme Court rules that an unusual provision in an oil and gas lease entitled the lessor-landowners to a royalty “free of post-sale...
TCJL Legislative Tracking Report 3-10-23
TCJL Tracked Bill List Friday, March 10, 2023 The bill filing period closes today. To view individual bills, go to Texas Legislature Online – Bill...
Does Proposed Legislation Requiring Taxpayers to Certify Whether They Provide Benefits for Abortion Violate the Fifth Amendment (HB 1280/SB 953)?
The Fifth Amendment to the United States Constitution, as everyone knows, provides that no person “shall be compelled in any criminal case to be a witness against...
TCJL Weighs in Case Interpreting “Willful Misconduct” in Oil & Gas Joint Operating Agreements
Last week TCJL filed an amicus letter in support of a motion for rehearing in a case that should be of great concern to folks in the oil patch. The Texas Supreme Court has denied review, but we think the definitional issue is of statewide importance and should be...
TCJL Legislative Tracking Report 3-17-23
TCJL Tracked Bill List Friday, March 17, 2023 To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx New bills and actions appear in red. Please note the addition of bill referrals to this week’s report. TCJL...
Proposed Legislation Creates 115 New Causes of Action and 104 New Penalties Against Businesses, 31 Causes of Action and 30 Penalties Against Health Care Providers
With the March 10 deadline for filing new bills in the rearview mirror, TCJL is tracking hundreds of bills that create new private causes of action, new liability for civil, administrative, and criminal penalties, and new liability for attorney’s fees. This broad...
Update on New Causes of Action at Close of Bill Filing
Since we took our first snapshot of new causes of action in January, we expressed concern that what we were seeing constituted an ominous trend. Now that March 10 has come and gone, and lawmakers have filed north of 8,000 bills and resolutions. We would love to say...
SCOTX Grants Review in Two Cases Dealing With Adequacy of Medical Authorization; Legislature Weighing In As Well (HB 3063)*
The Texas Supreme Court has agreed to hear two cases involving an important aspect of the 2003 health care liability reforms. The cases present the court with opinions that reached opposite conclusions on similar facts. Section 74.051, CPRC, requires a claimant to...
TCJL Submits Amicus Letter in Excess Policy Interpretation Case
A few months ago we reported on a Houston [14th] Court of Appeals case in which the court rejected the insurer’s argument that an excess policy with a “following form” provision incorporating the terms and conditions of the primary policy clearly and unambiguously...
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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
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• 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