by George Christian | Sep 18, 2023
Plaintiffs own property within the city, which owns and operates a leaky underground water pipe running through the property that has repeatedly flooded it, despite the city’s efforts to repair the pipe. Plaintiffs sued the city, asserting claims of inverse...
by George Christian | Sep 15, 2023
On July 12 the U.S. Court of Appeals for the Fifth Circuit requested the Texas Supreme Court to weigh in on the effect of the Texas Legislature’s 2017 amendments to the Texas Prompt Payment of Claims Act, Chapter 542A, Insurance Code. The amendments responded to the...
by George Christian | Sep 14, 2023
On September 1 the Texas Supreme Court granted review of a San Antonio Court of Appeals decision reversing a summary judgment in favor of the railroad company in a wrongful death claim. Lonestar Resources, Inc., Ezra Alderman Ranches, Inc., and Union Pacific Railroad...
by George Christian | Sep 13, 2023
In the wake of a series of 2003 hailstorms that resulted in a huge spike in roof claims (not to mention litigation against insurers), the Texas Legislature passed a bill requiring licensing of public adjusters and prohibiting roofing contractors from adjusting...
by George Christian | Sep 12, 2023
The Texas Supreme Court has agreed to review a Beaumont Court of Appeals decision upholding a $13.1 million judgment in favor of lessors of oil-and-gas leases in Hardin and Jefferson Counties. Samson Exploration, LLC v. Joe A. Bordages Jr., et al. (No. 22-0215;...
by George Christian | Sep 11, 2023
Overturning a split panel of the Houston [14th] Court of Appeals, the Texas Supreme Court has restored a trial court’s denial of plaintiff’s motion to exclude the testimony of a defense witness under Texas Rule of Civil Procedure 193.6(a). That rule prohibits “a party...
by George Christian | Sep 8, 2023
In a per curiam opinion, the Texas Supreme Court has directed the Waco Court of Appeals to reconsider a decision affirming a trial court order denying a motion to compel arbitration. Alliance Auto Auction of Dallas, Inc. v. Lone Star Cleburne Autoplex, Inc. (No....
by George Christian | Sep 7, 2023
In re Waukesha-Pearce Industries, LLC (No. 23-0070; stay issued August 29, 2023) arose from a wrongful death and personal injury action stemming from a three-vehicle collision. Plaintiffs requested, and after argument and hearing the trial court granted, discovery of...
by George Christian | Sep 6, 2023
The Fort Worth Court of Appeals has reversed a trial court order dismissing an investment firm’s defamation and business disparagement lawsuit against one of its brethren. Nexpoint Advisors, L.P. v. United Development Funding IV and Mike Wilson (No. 02-22-00427-CV;...
by George Christian | Sep 5, 2023
Plaintiff brought suit against the driver and owner of a commercial vehicle for personal injuries suffered in an accident. Defendants answered with a general denial and asserted affirmative defenses, including release. As they pointed out in their motion for summary...
