by George Christian | Oct 15, 2024
The Houston [1st] Court of Appeals has affirmed a trial court order compelling arbitration of an employee’s claim that her employer breached an agreement settling the employee’s claims involving a sexual assault by another employee. Jane Doe v. Occidental Petroleum...
by George Christian | Oct 14, 2024
Over an unfiled dissent, the Houston [1st] Court of Appeals has affirmed a trial court denial of a motion to arbitrate a dispute over a loan agreement where an online loan application contained an arbitration clause. Discovery Bank v. Marcus Miller (No....
by George Christian | Oct 11, 2024
The Houston [1st] Court of Appeals has reversed a trial court ruling dismissing an oil and gas producer’s breach of fiduciary duty lawsuit against a prominent Houston law firm. Stephen H. Dernick and David D. Dernick v. Foley & Lardner LLP, successor- in –...
by George Christian | Oct 10, 2024
The Texas Supreme Court has ordered a trial court to vacate parts of an order granting a motion to compel a defendant’s response to interrogatories that would incriminate him in a separate criminal prosecution. In re Taylor Brock Peters (No. 23-0611; October 4, 2024)...
by George Christian | Oct 9, 2024
The Texas Supreme Court has held that a trial court abused its discretion when it denied a motion to file a response to a summary judgment tendered one day late where the attorney submitted an affidavit stating that a calendaring error caused the late filing. Georgia...
by George Christian | Sep 16, 2024
The Texas Supreme Court will hear a case raising the issue of whether a motion for discovery sanctions alleging that defendants improperly withheld certain evidence constitutes a “legal action” to which the Texas Citizens Participation Act (Ch. 27, CPRC) applies....
by George Christian | Sep 12, 2024
The Texas Supreme Court has accepted a certified question from the U.S. Fifth Circuit Court of Appeals calling for an interpretation of Article I, § 6-a, Texas Constitution, the “religious-service-protections” clause. Gary Perez; Matilde Torres v. City of San Antonio...
by George Christian | Sep 11, 2024
The Texas Supreme Court, with palpable disgust, has reversed a Dallas Court of Appeals decision that upheld a $21.6 million judgment against a defendant who did not receive notice of a Zoom bench trial in his case until the day of trial. Richard Wade v. Luis Valdetaro...
by George Christian | Sep 10, 2024
On August 14, CenterPoint Energy filed a motion with the Multi-District Litigation Panel to transfer four lawsuits related to Hurricane Beryl to an MDL pretrial court. Each case seeks damages arising from the loss of power and alleged deficiencies in the transmission...
by George Christian | Sep 9, 2024
In United States Eventing Association, Inc. v. Pegasus Eventing, LLC, Ellen Doughty-Hume, et. al. (No. 05-23-01287-CV; August 5, 2024), Plaintiff, a horse coach for an eventing company, sued USEA, alleging negligence, negligent misrepresentation, fraudulent...