by George Christian | Aug 3, 2026
The El Paso Court of Appeals has affirmed a trial court order denying § 74.351, CPRC, motions to dismiss health care liability claims against a nursing home and two other entities alleged to have vicarious liability. El Paso V Enterprises, L.L.C., d/b/a Pebble Creek...
by George Christian | Aug 3, 2026
The Business Court has granted the Rule 91a motion of a court-assigned receiver who allegedly committed dishonest and fraudulent acts in conducting the sale of community property under a divorce decree on the basis of judicial immunity. Two entities created by the...
by George Christian | Jul 31, 2026
The Houston [1st] Court of Appeals has revered a trial court order denying a cemetery’s motion to compel arbitration in a dispute with a family over an interment in the wrong burial plot. SCI Texas Funeral Services, LLC d/b/a Memorial Park and DM Affinity, Inc. (No....
by George Christian | Jul 30, 2026
Over a dissent, the Houston [1st] Court of Appeals has held that a law firm did not waive its right to arbitration in a dispute with former clients although four years elapsed between its initial motion to compel and a renewal of the motion after the court of appeals...
by George Christian | Jul 29, 2026
The Houston [1st] Court of Appeals has affirmed a trial court judgment disbarring a Houston-area attorney for a long list of disciplinary violations. Diogu Kalu Diogu, II v. Commission for Lawyer Discipline (No. 01-24-00303-CV; April 30, 2026) arose from a 2021...
by George Christian | Jul 28, 2026
The Austin Court of Appeals has affirmed a trial court order denying a motion to compel arbitration by non-signatories to hospital company agreements under a direct-benefit benefits estoppel theory. Nutex Health Inc.; Nutex Health, LLC; and Tyvan, LLC v. Kyle ER, LLC;...
by George Christian | Jul 25, 2026
The Amarillo Court of Appeals has affirmed a trial court order granting summary judgment to a nursing home in a slip-and-fall case. Patricia King v. ER OPCO Craig, LLC d/b/a The Craig Senior Living (No. 07-25-00094-CV; March 3, 2026) arose from a personal injury...
by George Christian | Jul 24, 2026
In a case we have reported on at least twice during its sojourn, the San Antonio Court of Appeals has proposed a remittitur to cure defects in a remand judgment in a health care liability case that resulted in a $14.2 million jury verdict. This is the same case in...
by George Christian | Jul 23, 2026
The El Paso Court of Appeals has reversed a particularly egregious award of noneconomic damages in a default judgment. Amazon.com Services, LLC v. Jessica G. Holguin (No. 08-25-00086; May 5, 2026) arose from a personal injury action brought by an Amazon employee, who...
by George Christian | Jul 22, 2026
The Dallas Court of Appeals has granted mandamus relief in a fraud case in which the trial court set aside a substantial jury award and ordered a new trial based on an improper jury argument by two attorneys who had previously been chastised by the 5th Circuit for...
