by George Christian | Apr 18, 2024
In a case in which the Texas Medical Association and Texas Hospital Association have taken opposing positions, the Texas Supreme Court has before it a petition for review of a Corpus Christi Court of Appeals decision holding that a nonprofit health organization that...
by George Christian | Apr 18, 2024
Section 52.006, CPRC, governs the amount of a security for a money judgment that a judgment debtor must post in order to pursue an appeal. Generally the amount of this “supersedeas” bond equals the sum of the amount of compensatory damages awarded, interest for the...
by George Christian | Apr 17, 2024
Consultants in Pain Medicine, PLLC and David Blanton v. Ellen Boyle Duncan, PLLC and Ellen Boyle Duncan, M.D.(No. 04-22-00479-CV; March 13, 2024) arose from a dispute between a pain-management medical practice (CIPM), its CEO (Blanton), and one its six physician...
by George Christian | Apr 16, 2024
In a case that has already been rejected by federal courts and the Department of Justice, a biopharmaceutical group has asked the Texas Supreme Court for writ of mandamus ordering a Harrison County district court to dismiss the case on both issue-preclusion and...
by George Christian | Apr 15, 2024
The Texarkana Court of Appeals has rejected an invitation to impose on rural landowners a duty to inspect trees that may fall on an adjacent public roadway and cause injury to a passing motorist. Katherine Toole Bell, Individually, and Katherine Toole Bell On Behalf...
by George Christian | Apr 15, 2024
Michael Todd Kosar, Individually and as Independent Administrator for the Estate of Betty Kosar, Deceased; Cristianos G. Lopez; Genevieve R. Lopez; and Sebastian Rodriguez v. KPA-Consolidation, d/b/a Kingwood Medical Center (No. 14-22-00911-CV; April 16, 2024) arose...
by George Christian | Apr 12, 2024
The Corpus Christi Court of Appeals has taken an Hidalgo County district judge to task for sitting on competing motions for summary judgment for three years and granted a petition for writ of mandamus ordering the judge to make the ruling post-haste. The underlying...
by George Christian | Apr 11, 2024
In a concurring opinion in a case involving evidence (or lack thereof) of pain and suffering damages, Dallas Court of Appeals Justice Emily Miskel reminded the majority that a plaintiff’s conclusory statements about his own allegations of nental anguish damages do not...
by George Christian | Apr 10, 2024
Carroll L. Lee, Peggy G. Lee, Lee Concho Valley Family L.P., Sandra Cagle, Jerry D. Lee, Larry G. Lee, and Matthew Lee v. Memorial Production Operating, LLC; Grandfield Consulting, Inc.; Boaz Energy, LLC; and Ivory Energy, LLC(No. 03-22-00063-CV; February 29, 2024)...
by George Christian | Apr 9, 2024
The Texas Supreme Court has reversed a Houston [14th] Court of Appeals decision overturning a take nothing judgment in favor of a Randall’s grocery store. Albertsons, LLC d/b/a Randall’s; Albertsons Companies, LLC d/b/a Randall’s; Randall’s Food Markets, Inc. d/b/a...