by George Christian | Feb 21, 2025
The Houston [1st] Court of Appeals has reversed a Travis County trial court decision that overturned a Railroad Commission order granting a permit to a landfill operator. In HR Martin County Landfill, LLC and the Railroad Commission of Texas v. John W. Mabee; Joseph...
by George Christian | Feb 21, 2025
The Texas Supreme Court has advised the U.S. Fifth Circuit Court of Appeals that Texas defamation law extends to a defendant whom the plaintiff cannot prove made a defamatory statement but can prove that the defendant was involved in its publication. Jane Roe v....
by George Christian | Feb 18, 2025
The Texas Supreme Court has responded to the U.S. Fifth Circuit Court of Appeals’ request for a state-law interpretation of the term “best available control technology” for purposes of the Texas Clean Air Act and TCEQ rules. Port Arthur Community Action Network v....
by George Christian | Feb 17, 2025
After declining to grant review last June, the Texas Supreme Court has granted a motion for rehearing filed by defendants who took a default judgment resulting from allegedly ineffective service by the Texas Secretary of State. Huffman Asset Management, LLC and...
by George Christian | Feb 13, 2025
The Texas Supreme Court has granted review of a Fort Worth Court of Appeals decision declining to apply the Covenant Not to Compete Act to a contract provision requiring a licensee to pay a residual fee to a licensor after switching to a licensor’s competitor’s...
by George Christian | Feb 13, 2025
TCJL has filed an amicus curiae brief with the Texas Supreme Court in a critically important case involving the proper interpretation of § 52.006, CPRC, which caps the amount of a supersedeas bond at $25 million. As you may recall from our prior reports on the case,...
by George Christian | Feb 12, 2025
The Dallas Court of Appeals has reversed a trial court denial of a dentist’s motion to dismiss for failure to serve an expert report under § 74.351, CPRC. Lynn Dental Care and Brock Lynn, DDS, MS, PLLC v. Nylonda Jazz Sharnese (January 16, 2025; No....
by George Christian | Feb 11, 2025
The Texas Supreme Court has passed up a chance to decide whether truth is an affirmative defense to a claim for tortious interference with a contract. Inwood National Bank and Inwood Bancshares, Inc. v. D. Kyle Fagin, Individually and as Trustee and Beneficiary of the...
by George Christian | Feb 7, 2025
In a straightforward application of the Texas Citizens Participation Act (TCPA), the Dallas Court of Appeals has reversed and remanded the trial court’s denial of a physician practice’s TCPA motion to dismiss after a former patient filed an unsuccessful complaint with...
by George Christian | Feb 6, 2025
The Dallas Court of Appeals has conditionally granted a writ of mandamus ordering a Dallas County Court at Law to abide by the Texas Tort Claims Act’s mandatory venue requirement. In re SPAN, Incorporated (No. 05-23-01071-CV; December 31, 2024) arose from a personal...
