by George Christian | Sep 30, 2022
In a per curiam opinion without oral argument, the Texas Supreme Court has reversed a decision of the Houston [14th] Court of Appeals in a case involving the scope of the duty of a Good Samaritan who renders assistance to another without compensation. Three Aces...
by George Christian | Sep 29, 2022
In an interesting choice-of-law analysis, the Fort Worth Court of Appeals has reversed and remanded a trial court judgment awarding a factoring company statutory punitive damages against a Texas-based insurer. The court ordered a new trial applying substantive Texas...
by George Christian | Sep 28, 2022
A dispute over the governing documents of a non-profit organization has raised an interesting question about trial court’s authority to prescribe a remedy that neither of the parties to the dispute requested. The Nigerian Foundation v. Bedford Umezulike, Kenny...
by George Christian | Sep 27, 2022
A dispute between the City of Port Arthur and a property owner over the use of a city street to transport heavy loads of pipeline equipment and oil and gas drilling mud has survived a plea to the jurisdiction. City of Port Arthur, Texas and Alberto Elefano, In His...
by George Christian | Sep 27, 2022
In a case involving a dispute between an investor/consultant and Delaware-based entities, the Dallas Court of Appeals has upheld a Collin County district court’s denial of the investor’s TCPA motion to dismiss. Douglas D. Box v. Petrotel Oman LLC, Petrotel Oman...
by George Christian | Sep 26, 2022
Here a brief update of the status of SB 8-related litigation in state courts. In re Texas Heartbeat Act Litigation (No. 21-0782) The main event in state court is the multidistrict litigation (MDL) pre-trial proceeding presided over by Judge David Peeples. Shortly...
by George Christian | Sep 26, 2022
Claims to title to real property by adverse possession are generally so fact intensive that they easily defeat a motion for summary judgment. But in Kothmann v. Menzies (No. 04-21-00451-CV), the San Antonio Court of Appeals found the rare exception. The land at issue...
by George Christian | Sep 23, 2022
7In an important case of first impression, the Corpus Christi Court of Appeals has granted a conditional writ of mandamus directing a trial court to vacate its order compelling Ford to produce tens of thousands of documents without actual notice of the documents...
by George Christian | Sep 22, 2022
Under a recent decision by the Houston [1st] Court of Appeals, a medical malpractice claim against two physicians and their employer hospital will go forward. Jerry M. Keepers, M.D., Eric Kay-Fung Chan, M.D., and Vista Community Medical Center, d/b/a Surgery Specialty...
by George Christian | Sep 21, 2022
In another case in which a trial court declined to compel arbitration under a valid agreement, the Corpus Christi Court of Appeals has stepped in to enforce the contract. D. Wilson Construction Company v. Filegonia Site Contractors, LLC (No. 13-21-00203-CV) arose from...
