by George Christian | Mar 15, 2024
Logical Systems, Inc. d/b/a Logical Systems, LLC v. Edgar Berrios, Individually and As Next Friend of CA.B., Cesar Berrios, and Estela A Quintos Lopez (No. 05-23-00662-CV; February 9, 2024) arose from an accident in which Plaintiff Edgar Berrios’s arm was severed...
by George Christian | Mar 14, 2024
The Texas Supreme Court has denied review in a Chapter 74 health care liability case that split the Corpus Christi Court of Appeals right down the middle. Elizar Costilla, Individually and as the Representative of the Estate of Kristy Renee Costilla, Deceased, and as...
by George Christian | Mar 13, 2024
In an opinion that borders on the bizarre, a split Dallas Court of Appeals panel has held that a homeowners insurance policy with a special deductible for damage caused by a “windstorm” does not apply to damage caused by a tornado. That was the dispute in Jeff Mankoff...
by George Christian | Mar 13, 2024
Over a vigorous dissent, the Austin Court of Appeals has reversed a trial court order granting summary judgment and severing Plaintiff’s vicarious liability claim against a truck driver’s employer. Sarah Cook v. Texas Highway Walls, LLC (No. 03-22-00736-CV; February...
by George Christian | Mar 12, 2024
In a case of first impression, the Houston [14th] Court of Appeals has reversed an Asbestos MDL pre-trial court order granting a no-evidence summary judgment in an asbestosis case. Frank Burford, Individually and as Representative of the Heirs and Estate of Carolyn...
by George Christian | Mar 12, 2024
In late September of last year, the Texas Supreme Court denied the petition for review of an El Paso Court of Appeals decision in favor of the Texas Department of Motor Vehicles and Hyundai Motor America in suit brought by a franchisee. The denial triggered a strong...
by George Christian | Mar 11, 2024
In a case stemming from a 2019 fire and explosion at ExxonMobil’s Baytown Olefins Plant, the Houston [14th] Court of Appeals has reversed a trial court order denying Exxon’s motion for summary judgment based on the exclusive remedy defense. ExxonMobil Corporation v....
by George Christian | Mar 11, 2024
The Texas Supreme Court has reversed a Beaumont Court of Appeals decision holding that a defective Chapter 74 medical authorization form filed with the required notice of claim did not trigger the 75-day tolling period for a health care liability claim. In Dorothy...
by George Christian | Mar 8, 2024
Joining the Austin Court of Appeals, the Fort Worth Court of Appeals has held that the Texas Citizens Participation Act (Ch. 27, CPRC) cannot be used to shut down an abortion fund’s constitutional challenge to SB 8, the so-called “Hearbeat Act.” As you may recall,...
by George Christian | Mar 8, 2024
A routine landlord-tenant dispute is not something we would ordinarily report, but we note this one out of the Dallas Court of Appeals because it appears to involve a county court at law’s blatant disregard of the law or an egregious misunderstanding of it. Either...