Dallas Court of Appeals Mandamuses Trial Court for Electronic Discovery Order Compelling Defendants to Produce Electronic Devices

by George Christian | Aug 29, 2025

In a defamation case contemplating the suitability of e-discovery for all electronic devices, the Dallas Court of Appeals has conditionally granted relators’ petition for writ of mandamus, finding the trial judge abused his discretion by refusing to hear relator’s...

15th Court of Appeals Rejects State’s Sovereign Immunity Argument in Discovery Dispute with Patients Whose Personal Medical and Mental Health Records Were Subpoenaed (SB 14 gender-affirming care)

by George Christian | Aug 28, 2025

The State of Texas v. Nonparty Patient No. 1, et al. (No. 15-25-00023-CV; August 14, 2025) arose from the state’s 2024 lawsuit in Collin County against a physician whom the state alleged provided gender-transition treatment to minors in violation of SB 14 and the...

Houston [14th] Court of Appeals Allows General Contractor’s Breach-of-Contract Claim Against Harris County Metro to Proceed

by George Christian | Aug 28, 2025

The Houston [14th] Court of Appeals has reversed a trial court order dismissing a general contractor’s lawsuit against Harris County Metro for contract and delay damages. ISI Contracting, Inc. v. Metropolitian Transit Authority of Harris County, Texas (No....

Dallas Court of Appeals Reverses TC Order Denying Defendants’ Special Appearance in Wrongful Death Case

by George Christian | Aug 27, 2025

In a wrongful death suit concerning courts’ personal jurisdiction over non-resident defendants, the Dallas Court of Appeals has reversed a trial court’s order denying Defendants’ special appearance and dismissed the suit for lack of personal jurisdiction. Electronic...

Houston [1st] Court of Appeals Reverses Mental Anguish, Attorney’s Fee Award in Windstorm Case

by George Christian | Aug 26, 2025

The Houston [1st] Court of Appeals has thrown out a $300,000 award for mental anguish damages and $250,000 in plaintiff’s attorney’s fees in a Hurricane Harvey roof damage case. Homeowners of America Insurance Company v. Emilio Menchaca (No. 01-23-00633-CV; July 31,...

Fort Worth Court of Appeals Applies BRP-Rotax Decision to Dismiss Product Liability Lawsuit Against Italian Medical Device Manufacturer

by George Christian | Aug 25, 2025

SCOTX’s recent opinion in BRP-Rotax GmbH  Co. KG v. Shaik (No. 23-0756; June 20, 2025) continues to make the rounds in the intermediate courts of appeal. THD S.p.A. v. Jeffry Allen Pegg and Jennifer Pegg (No. 02-24-00490-CV; July 31, 2025) arose from alleged injuries...

Austin Court of Appeals Rejects Surety’s Limitations Defense, Affirms Trial Court Denial of Its Rule 91a Motion

by George Christian | Aug 22, 2025

A divided Austin Court of Appeals has affirmed a trial court order denying a surety’s Rule 91a motion to dismiss on the basis that a county’s claim for performance on the bond was statutorily time-barred. Great American Insurance Company of New York v. Williamson...

SCAC Set to Take Up TPLF As Other States (Even New York and California!) Move to Regulate the Industry

by George Christian | Aug 21, 2025

We understand that the Texas Supreme Court Advisory Committee has placed proposed rule-making concerning third party litigation financing on its August 29 meeting agenda. This is certainly timely, given that four states–Colorado, Georgia, Kansas, and...

Corpus Christi Court of Appeals (Again) Mandamuses Hidalgo County Trial Court in Windstorm Case

by George Christian | Aug 21, 2025

Stop us if you’ve heard this before, but the Corpus Christi Court of Appeals has once again mandamused a Hidalgo County trial court (this time a district court) for denying an insurer’s motion to compel appraisal in a windstorm case. In re Germania Farm Mutual...

Austin Business Court Denies Antitrust Case Defendants’ Attempt to Shield Customer List from Discovery

by George Christian | Aug 20, 2025

The Austin Business Court (Third Division) has denied a motion to reconsider its prior ruling allowing Plaintiff in an antitrust suit to obtain discovery of a Defendants’ customer list. The facts in SafeLease Insurance Services LLC v. Storable, Inc., et al. (2025 Tex....