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Corpus Christi Court of Appeals Declines to Vacate New Trial Order Where Defense Attorney Argued That Plaintiffs Engaged in “Attorney Shakedown”
In re Space Exploration Technologies Corp. and Lauren Krueger (No. 13-24-00042-CV; March 28, 2024) arose from a personal injury lawsuit stemming from an automobile accident. The case went to a jury, which found defendant Krueger was negligent but not acting within...
SCOTX Mandamuses El Paso Trial Court for Denying Defense Motions to Admit Out-of State Attorneys Pro Hoc Vice
In a case that left us rolling our eyes over how such an absurdly ridiculous trial court ruling had to be fixed by the highest court in the state, the Texas Supreme Court has (with great restraint) granted mandamus ordering an El Paso trial court to vacate its...
Houston [1st] Court of Appeals Sides With Pipeline in Landowner Challenge to Eminent Domain Authority
In a case with an odd procedural posture, the Houston [1st] Court of Appeals has affirmed a trial court order granting partial summary judgment to a pipeline company and denying the landowners’ motion for a temporary junction. Right-Way Sand Co. a/k/a Right Way...
SCOTX Grants Mandamus Ordering Trial Court to Dismiss Wrongful Death Case for Forum Non Conveniens
In a case applying the statutory forum non conveniens provision governing personal injury and wrongful death cases, the Texas Supreme Court has held that a Harris County trial court clearly abused its discretion by denying a defendant’s motion to dismiss on forum...
SCOTX Decision Affirms Summary Judgment for Oil and Gas Producer in Suit to Quiet Title, But Remands to Trial Court for Further Proceedings
The Texas Supreme Court has affirmed a summary judgment in favor of an oil and gas producer who acquired the interests of more than 250 mineral owners in a tax foreclosure sale. At the same time, however, the Court returned the case to the trial court for further...
San Antonio Court of Appeals Affirms Defense Summary Judgment in Death Case
The San Antonio Court of Appeals has upheld a Webb County trial court’s summary judgment in favor of oil and gas producers in a personal injury suit stemming from the death of an employee. Enrique Orta, III, Individually and as Representative of the Estate of...
SCOTX Upholds Pandemic Liability Protection Act in Retroactivity Challenge
As we reported last August, SB 6, the Pandemic Liability Protection Act, is the target of federal court litigation seeking to strike down the Act’s retrospective application to March 13, 2020, the date Governor Abbott first declared the emergency. In order to...
Houston [1st] Court of Appeals Renders Judgment for Exxon in Chapter 95 Case
Jeremy Souders v. Exxon Mobil Corporation (No. 01-21-00593-CV; April 1, 2024) arose from an accident at Exxon’s Baytown refinery in which Plaintiff was injured when he became pinned between two 30,000-pound heat exchanger bundles. Plaintiff was employed by an...
Corpus Christi Court of Appeals Splits Over Venue in Wrongful Death Case
3HM Trucking, LLC, Michael Jerome Wright, Prestinge Gunnite, Inc., Jesus Maria Rosales, III, Tri-National, Inc. v. Joann Carr Elizondo, et al. (No. 13-23-00135-CV; March 21, 2024) arose from a fatality accident involving two commercial trucks in Dallas County that...
SCOTX Grants Emergency Stay in Commercial Trucking Case Where Trial Court Imposed Death Penalty Sanctions Against Defendant
The Texas Supreme Court has put a stop to a commercial trucking case in a Tarrant County trial court until it can sort out a defendant’s petition for writ of mandamus challenging the trial court’s death penalty sanctions against it. The underlying litigation in In...
TCJL Journal
Fall 2019
- 2019 Legislators of the Year
- 86th Legislative Session Report
- Texas Civil Justice League Amicus Report
- Eminent Domain: Why S.B. 421 was a Litigation Nightmare
- Interim Study to Take Another Look at Judicial Selection
- Paid or Incurred: Next Frontier of Tort Reform? Close Paid or Incurred Loophole