by George Christian | Jan 12, 2022
The return of nuclear verdicts to Texas courts (and attorney television advertising) and the recently launched efforts of the medical malpractice plaintiff’s bar to convince the federal courts to strike down Texas’ cap on noneconomic damages in medical liability cases...
by George Christian | Jan 11, 2022
In an opinion jointly authored by Justice Jimmy Blacklock and newly appointed Justice Evan Young, the Texas Supreme Court has declined to intervene in the 2022 election for two seats on the Harris County Commissioners Court (HCCC). Five voters filed a petition for...
by George Christian | Jan 10, 2022
In an opinion handed down on January 5, the U.S. Court of Appeals for the Fifth Circuit had held that a restaurant’s commercial property insurance policy does not cover lost revenue from the suspension of dine-in services during the COVID-19 pandemic. The court...
by George Christian | Jan 7, 2022
The Texas Supreme Court will take up a question certified from the U.S. Fifth Circuit regarding the constitutionality of a statute enacted by the Texas Legislature in 2011 as it applies to oral agreements entered into prior to the effective date of the statute. Fire...
by George Christian | Jan 6, 2022
A controversial Dallas Court of Appeals opinion filed in late November 2020 has reached the merits briefing stage at the Texas Supreme Court. In addition to the very significant substantive law issue in the case—what standards must a trial court and jury follow in...
by George Christian | Jan 5, 2022
Originally set for this Friday, January 7, the bench trial in Winnett v. Frank has been rescheduled for Friday, February 4, at 9:30 am. As you recall, a group of plaintiffs in medical liability cases across the state have sued numerous health care providers...
by George Christian | Dec 20, 2021
On December 10 SCOTX denied the landlord’s petition for mandamus. As a reminder, here is our previously published discussion of the case. A case challenging the authority of local courts to ignore the law and deny landlords writs of possession in eviction cases has...
by George Christian | Dec 17, 2021
The Dallas Court of Appeals has joined its sister court in Amarillo in holding that the trial court’s denial of a Rule 91a motion to dismiss for failure to state a claim is not reviewable on appeal if the plaintiff proceeds to trial and proves “facts sufficient to...
by George Christian | Dec 16, 2021
In a case with massive implications for commercial construction contracts, the Texas Supreme Court is poised to decide whether an indemnitee may enforce an indemnification provision in a construction contract when the indemnitee has settled with parties other than the...
by George Christian | Dec 15, 2021
In a decision that could further erode SCOTX’s 2006 ruling in Brainard v. Trinity Universal Life Ins. Co., the Austin Court of Appeals has given the green light to an insured to pursue common law bad faith and statutory unfair settlement practices claims against her...
