by George Christian | Mar 28, 2024
In another episode of the long-running litigation saga pitting HSC Pipeline against the Hlavinka land interests, the Houston [1st] Court of Appeals has conditionally issued HSC’s petition for writ of mandamus barring the Hlavinkas from compelling discovery of the...
by George Christian | Mar 27, 2024
The Houston [14th] Court of Appeals has reversed a trial court order denying a defendant business’s motion to compel arbitration of a personal injury claim. Pearland Urban Air, LLC v. Abigail Delila Cerna a/n/f of R.W. (No. 14-23-00090-CV; February 8, 2024) stemmed...
by George Christian | Mar 26, 2024
The Beaumont Court of Appeals has reversed a $9 million judgment against the driver/owner of a commercial truck in a wrongful-death suit. Curtis Adair d/b/a CK Trucking v. Troy Chapla and Kelly Maningas, Individually and as Wrongful Death Beneficiaries, and on behalf...
by George Christian | Mar 25, 2024
In a pair of decisions arising from contractual disputes, the Fort Worth and Dallas Courts of Appeals have affirmed trial court orders denying motions to dismiss under the Texas Citizens Participation Act. The first case, Carl and Patricia Johnson v. Windsong Ranch...
by George Christian | Mar 25, 2024
In at least the third case we have seen in the past few weeks, the Texas Supreme Court has paused proceedings in a case in which a trial court has ordered a party to respond to discovery in a way that implicates federal constitutional or statutory rights. In re Blake...
by George Christian | Mar 24, 2024
In Andria Solomon v. Rosemary Buckle, Nicole D. Ches, and HCA Health Services of Texas, Inc. (No. 01-23-00349-CV; March 14, 2024), Plaintiff sued health care providers Buckle and Ches, as well as their employer HCA, for negligence. She alleged that Buckle, who...
by George Christian | Mar 22, 2024
The Corpus Christi Court of Appeals has reversed a trial court order denying a homebuilder’s plea of abatement and motion to compel arbitration, despite a significant delay in the defense prosecution of the case. McMillin Texas Homes, LLC d/b/a Texas Homes v....
by George Christian | Mar 21, 2024
The Fort Worth Court of Appeals has affirmed a trial court order granting summary judgment in favor of defendant airline where plaintiff pleaded negligence per se (res ipsa loquitor). Robert Steven Ritchey v. American Airlines Group, Inc. and American Airlines, Inc....
by George Christian | Mar 20, 2024
The Texas Supreme Court has held that a city cannot delegate authority to a third-party to veto changes in a city ordinance. The City of Dallas v. The Employees’ Retirement Fund of the City of Dallas (No. 22-0102; March 15, 2024) arose from a long-running dispute...
by George Christian | Mar 20, 2024
The Texas Supreme Court has reversed a San Antonio Court of Appeals decision and reinstated a trial court order granting summary judgment in favor of the railroad company in a wrongful death claim. Lonestar Resources, Inc., Ezra Alderman Ranches, Inc., and Union...