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by Litigation
Be Patient With Us: SCOTX Opinions Coming Fast and Furious
As you know, we are nearing the end of the Texas Supreme Court’s term, and the Court is cranking out numerous opinions on important matters each Friday. While we are...
SCOTX to 5th Circuit: Texas Usury Law Requires Interest Calculation Using Actuarial Method
In response to a certified question from the 5th Circuit, the Texas Supreme Court has ruled that Texas usury law requires use of the actuarial method to calculate...
SCOTX Rules That Tort Claims Act Waives Governmental Immunity for Negligence Per Se Claims
The Texas Supreme Court has ruled that the Texas Tort Claims Act’s waiver of governmental immunity for “negligence” includes a claim for injuries caused by...
TCJL Files Brief in Premises Liability Case Expanding Liability of Owners/General Contractors
In a case from the San Antonio Court of Appeals with significant negative consequences for property owners and general contractors, TCJL has filed an amicus brief...
Divided SCOTX Reverses Sanctions Against Texas Attorney for Disciplinary Violations
Over a pair of dissents, the Texas Supreme Court has overturned a Commission for Lawyer Discipline proceeding against a Texas lawyer for misconduct that occurred in...
Business Court [Eleventh Division] Transfers Venue in Action Involving Damage to Oil and Gas Wells
The Houston-based business court [Eleventh Division] has transferred venue of a declaratory judgment action to Loving County because the essence of the action...
Believe in the Rule of Law? Then Prove It by Supporting Texas Supreme Court, 15th Court of Appeals, and Intermediate Appellate Justices in Their Campaigns
We don’t usually do this sort of thing on this site, but the matter is too serious to pigeonhole somewhere else. If you looked at some of our posts during the...
SCOTX Affirms Houston [14th] Court of Appeals Decision Compelling Arbitration in Personal Injury Suit Against Trampoline Park
The Texas Supreme Court affirmed a Houston [14th] Court of Appeals decision that reversed a trial court order denying a trampoline park’s motion to compel...
The Texas Supreme Court Rules that 2003 Interlocutory Appeal Authority for Venue Determinations in Multiple-Plaintiff Cases Does Not Automatically Grant Appellate Jurisdiction
The Texas Supreme Court has reversed a Dallas Court of Appeals decision (and eleven other court of appeals to go with it) that a 2003 amendment to the venue statutes...
15th Court of Appeals Files Revised Opinion in TCEQ Permitting Case (Worth Reading!)
The 15th Court of Appeals has withdrawn an opinion handed down in February in a TCEQ permitting case involving a terminal facility in Calhoun County. The court,...
Be Patient With Us: SCOTX Opinions Coming Fast and Furious
As you know, we are nearing the end of the Texas Supreme Court’s term, and the Court is cranking out numerous opinions on important matters each Friday. While we are getting to these cases pretty much as they are released, we try to limit our posts to one case a day....
SCOTX to 5th Circuit: Texas Usury Law Requires Interest Calculation Using Actuarial Method
In response to a certified question from the 5th Circuit, the Texas Supreme Court has ruled that Texas usury law requires use of the actuarial method to calculate whether an interest rate is usurious. American Pearl Group, L.L.C., a Texas Limited Liability Company;...
SCOTX Rules That Tort Claims Act Waives Governmental Immunity for Negligence Per Se Claims
The Texas Supreme Court has ruled that the Texas Tort Claims Act’s waiver of governmental immunity for “negligence” includes a claim for injuries caused by “negligence per se.” City of Houston v. Chelsea Manning, Individually and as Next Friend of T.N., Aaliyah...
TCJL Files Brief in Premises Liability Case Expanding Liability of Owners/General Contractors
In a case from the San Antonio Court of Appeals with significant negative consequences for property owners and general contractors, TCJL has filed an amicus brief urging the Texas Supreme Court to grant review and reverse the court of appeals. JMI Contractors, LLC v....
Divided SCOTX Reverses Sanctions Against Texas Attorney for Disciplinary Violations
Over a pair of dissents, the Texas Supreme Court has overturned a Commission for Lawyer Discipline proceeding against a Texas lawyer for misconduct that occurred in an Illinois federal court. Nejla Kassandra Keyfli Lane v. Commission for Lawyer Discipline (No....
Business Court [Eleventh Division] Transfers Venue in Action Involving Damage to Oil and Gas Wells
The Houston-based business court [Eleventh Division] has transferred venue of a declaratory judgment action to Loving County because the essence of the action involved damages to real property, not a contractual damage waiver with a venue-selection clause designating...
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Spring 2024
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- Part 1: TCJL Priority Bills Passed in the 88th Session
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Pandemic Liability Two Years On
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