by George Christian | Sep 17, 2021
The Texas Supreme Court will hear oral argument on September 29 in Centerpoint Energy Resources Corp. v. Ramirez(No. 20-0354), a case that tests the limits of liability of a public utility for personal injuries sustained by a guest in a home served by the utility....
by George Christian | Sep 16, 2021
Could the recent federal lawsuit challenging the constitutionality of Texas’ cap on noneconomic damages in health care liability cases be a prelude to a renewed legislative effort to raise the cap or abolish it altogether? For the past several sessions, legislation...
by George Christian | Sep 15, 2021
The Dallas Court of Appeals has affirmed a Dallas trial court’s denial of a motion to dismiss a defamation claim under the Texas Citizen Participation Act. The Court’s opinion, authored by Justice Pederson, III and joined by Justices Nowell and Osborne, holds that the...
by George Christian | Sep 15, 2021
The Office of Court Administration today announced that Mean Ramón will serve as Interim Administrative Director of the OCA, replacing David Slayton. For many years we have enjoyed a wonderful working relationship with David and OCA, and we wish him all the best in...
by George Christian | Sep 14, 2021
The Texas Supreme Court has granted the U.S. Fifth Circuit Court of Appeals’ request for clarification of Texas law with respect to concurrent causation of a loss in the property and casualty insurance context. The Court’s response to the Fifth Circuit’s questions may...
by George Christian | Sep 13, 2021
A who’s who of Texas medical malpractice plaintiff’s lawyers have filed a class action lawsuit in an Austin federal court challenging the constitutionality of the $250,000 cap on non-economic damages enacted in 2003. The suit alleges that the cap violates the Seventh...
by George Christian | Sep 8, 2021
The Dallas Court of Appeals is in the spotlight once more for an apparent clear abuse of discretion in a medical negligence case involving a Dallas-area nursing home. The case, In Re LCS SP, LLC d/b/a Signature Pointe Senior Living Community, Aspect LCS Leasing SP,...
by George Christian | Sep 6, 2021
The Texas Supreme Court has accepted a certified question from the U.S. Court of Appeals for the Fifth Circuit that may affect the interpretation of construction contracts across the state. The case, Maxim Crane Works, L.P. v. Zurich American Insurance Company (No....
by George Christian | Sep 3, 2021
The Texas Supreme Court has denied rehearing in Allstate Insurance Company v. Irwin (No. 19-0885), clearing the way for the use of the Declaratory Judgment Act to adjudicate damages and attorney’s fees in cases involving uninsured or underinsured motorist...
by George Christian | Sep 3, 2021
The Texas Supreme Court has rebuked an effort by prominent plaintiff’s attorney Tony Buzbee to deploy the Texas Citizen’s Participation Act (TCPA) to shield him from liability for media advertising that defamed an El Paso physician. In an order handed down...
