by George Christian | May 12, 2025
The Texas Supreme Court has held that that the civil barratry statute does not have extraterritorial effect, reversing the Houston [1st] Court of Appeals. Michael A. Pohl v. Mark Kentrell Cheatham, Sr. (23-0045; May 9, 2025) arose from a civil barratry lawsuit filed...
by George Christian | May 9, 2025
The Houston [14th] Court of Appeals has reversed a trial court determination that a personal injury claimant in a Texas Tort Claims Act lawsuit against the operator of Jones Hall in Houston met the evidentiary standard for waiving governmental immunity. Houston First...
by George Christian | May 8, 2025
In one of the more bizarre moments in 40 years of our involvement in civil justice reform legislation, a representative of the Attorney General’s Office showed up uninvited to last night’s hearing on SB 30 to raise questions about the constitutionality of the bill....
by George Christian | May 8, 2025
The Houston [1st] Court of Appeals has concluded that a trial court order granting a 30-day extension to allow a health care liability claimant to cure deficiencies in her expert report was proper as to two defendants but improper as to a third. Methodist Hospital...
by George Christian | May 6, 2025
With Governor Abbott signing the voucher legislation into law on Saturday, it might be worth looking toward the estimated future cost of the program. Here is the pertinent language from the fiscal note: For the 2026-27 biennium, the bill would limit the amount that...
by George Christian | May 6, 2025
The Texas Supreme Court has reversed a Houston [14th] Court of Appeals decision imposing a duty of reasonable care on a franchisor for a criminal act committed a franchisee’s employee where the franchisee had sole responsibility for hiring. Massage Heights...
by George Christian | May 5, 2025
The Texas Supreme Court has reversed a Tyler Court of Appeals opinion affirming a trial court order striking a nonsubscribing employer’s designation of responsible third parties in an employee’s suit alleging the employer’s negligence. In re East Texas Medical Center...
by George Christian | May 2, 2025
In a case we first reported in January, 2024, the Texas Supreme Court has ruled that a trial court order granting a TCPA motion to dismiss past the 30-day statutory deadline did not prevent the trial court from revisiting its ruling under the court’s plenary power....
by George Christian | May 1, 2025
The Texas Supreme Court has conditionally granted writs of mandamus in multiple cases involving underinsured motorist case. But don’t let the unanimous decision fool you because four justices, including the Chief Justice, indicated in a concurring opinion that they...
by George Christian | Apr 29, 2025
In a concurring opinion in an appeal involving a dispute over attorney’s fees, Justice David Gunn urged the intermediate courts of appeals to review the legal sufficiency of an attorney’s fee award based on the record rather than whether the statute authorizing the...
