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by Litigation
15th Court of Appeals Takes Up Appeals in Related Cases With Conflicting Rulings from Two Business Court Divisions
The 15th Court of Appeals has sorted out a something of a fire drill involving suits filed by the same plaintiff against the same defendants in two Business Court...
TCJL Files Brief in Case Where Court of Appeals Held Indemnity Provision Unenforceable
TCJL has filed an amicus brief in a case in which the Houson [14th] Court of Appeals ruled that an indemnity provision contained in a document incorporated by...
Slim Majority of SCOTX Sticks to Its Guns, Denies Rehearing in Supersedeas Bond Case
In a setback for the business and health care communities’ longstanding efforts to place an effective cap on supersedeas bonds, the Texas Supreme Court has denied...
Business Court Rules That Notice of Removal Was Timely Where Defendant Filed Counterclaims Exceeding Court’s Jurisdictional Threshold
The Business Court has held that Plaintiffs’ notice of removal was timely, rejecting Defendant’s argument that the notice was untimely because a previous pre-suit...
San Antonio Court of Appeals Justice Dissents From Court’s Denial of USAA’s Petition for Writ of Mandamus
In a case that has us scratching our heads, the San Antonio Court of Appeals has denied USAA’s petition for writ of mandamus in a no-answer default judgment case in...
San Antonio Court of Appeals Holds That Production of Unleased Minerals Does Not Convert Floating to NPRI to Fixed NPRI on That Production
The San Antonio Court of Appeals has rejected the proposition that production of unleased minerals converts an owner of a floating NPRI to a co-tenant entitled to a...
Eastland Court of Appeals Rules for NCAA in Player Challenge to Eligibility Rule
The Eastland Court of Appeals has reversed a trial court order granting a Tarleton State University basketball player’s request for a temporary injunction blocking...
15th Court of Appeals Affirms Business Court Denial of TI in Misappropriation of Trade Secrets Case
In an interlocutory appeal from the Business Court, the 15th Court of Appeals has affirmed the trial court’s denial of a temporary injunction in a misappropriation...
Business Court Largely Dismisses Contract, Tort Claims Brought by Former Manager of Oil and Gas Company
The Business Court has largely granted an oil and gas company’s Rule 91a motion to dismiss various claims brought by a member and former co-manager whom the other...
Fort Worth Court of Appeals Enforces Defense and Indemnity Obligations All the Way Up the Chain of Purchase and Sale Agreements Conveying Louisiana Leases
The Fort Worth Court of Appeals has affirmed a trial court order granting defendant operators’ summary judgment motions seeking enforcement of defense and indemnity...
15th Court of Appeals Takes Up Appeals in Related Cases With Conflicting Rulings from Two Business Court Divisions
The 15th Court of Appeals has sorted out a something of a fire drill involving suits filed by the same plaintiff against the same defendants in two Business Court Divisions that produced different rulings regarding arbitrability. Karl Drusch and TrueAero, LLC v....
TCJL Files Brief in Case Where Court of Appeals Held Indemnity Provision Unenforceable
TCJL has filed an amicus brief in a case in which the Houson [14th] Court of Appeals ruled that an indemnity provision contained in a document incorporated by reference into an agreement between a railroad and a contractor was not enforceable because the provision was...
Slim Majority of SCOTX Sticks to Its Guns, Denies Rehearing in Supersedeas Bond Case
In a setback for the business and health care communities’ longstanding efforts to place an effective cap on supersedeas bonds, the Texas Supreme Court has denied defendants’ motion for rehearing in In re Greystar Development & Construction, L.P.; Gabriella Tower,...
Business Court Rules That Notice of Removal Was Timely Where Defendant Filed Counterclaims Exceeding Court’s Jurisdictional Threshold
The Business Court has held that Plaintiffs’ notice of removal was timely, rejecting Defendant’s argument that the notice was untimely because a previous pre-suit demand letter put Plaintiff’s on notice that if Defendant actually filed those claims, it would push the...
San Antonio Court of Appeals Justice Dissents From Court’s Denial of USAA’s Petition for Writ of Mandamus
In a case that has us scratching our heads, the San Antonio Court of Appeals has denied USAA’s petition for writ of mandamus in a no-answer default judgment case in which USAA clearly (in our view) met the Craddock standard for setting aside the judgment. It obviously...
San Antonio Court of Appeals Holds That Production of Unleased Minerals Does Not Convert Floating to NPRI to Fixed NPRI on That Production
The San Antonio Court of Appeals has rejected the proposition that production of unleased minerals converts an owner of a floating NPRI to a co-tenant entitled to a fixed NPRI on that production. Blackrock Mineral Partners, LLC and Dynasty Land & Minerals, LLC v....
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