by George Christian | Sep 6, 2024
In a multi-million dollar suit stemming from a concrete manufacturer’s refusal to reimburse its lessor for corrosive damage to lessor’s railcars, the Dallas Court of Appeals has reversed the lower court’s conclusion that the statute of limitations barred lessor’s...
by George Christian | Sep 5, 2024
In a follow-up decision to a 2023 Texas Supreme Court decision declining to grant mandamus compelling a multidistrict litigation court to dismiss them from the case, two private investor groups have prevailed at the Beaumont Court of Appeals. TPC Group Litigation (No....
by George Christian | Sep 4, 2024
The Beaumont Court of Appeals has reversed a trial court order dismissing an attorney ad litem’s declaratory judgment action arising from a guardianship proceeding. Laurel Smith v. 2005 Tower LLC (N o. 09-22-00350-CV; August 1, 2024) stemmed from two separate...
by George Christian | Sep 3, 2024
A divided El Paso Court of Appeals has held that Chapter 74, CPRC, applies to a parent’s claim that a hospital negligently performed an autopsy on their deceased newborn. Tenet Hospitals Limited, a Texas Limited Partnership d/b/a The Hospitals of Providence Memorial...
by George Christian | Aug 30, 2024
Today the Texas Supreme Court granted review in Werner Enterprises, Inc. and Shiraz A. Ali v. Jennifer Blake, Individually and As Next Friend for Nathan Blake, and as Heir of the Estate of Zachery Blake, Deceased; and Eldridge Moak, in his Capacity as Guardian of the...
by George Christian | Aug 29, 2024
TCJL has added its voice to a growing list of amici asking the Texas Supreme Court to review a commercial trucking case in which a Harris County jury reached a nuclear verdict against the employer. TCJL joins sister organizations Texans for Lawsuit Reform, Texas...
by George Christian | Aug 29, 2024
The Dallas Court of Appeals has reversed and remanded a trial court order dismissing Plaintiff’s claims against a physician and awarding the physician attorney’s fees under Rule 91a. Brandon Dodd v. Vishal Patel, M.D., (No. 05-23-00835-CV; July 16, 2024) stemmed from...
by George Christian | Aug 28, 2024
In a pair of parallel cases, the Houston [14th] Court of Appeals has granted a health care provider’s petition for writ of mandamus, reversing a Washington County district court order denying the provider the gross negligence defense under the Pandemic Liability...
by George Christian | Aug 27, 2024
Joining a long list of federal courts and courts in other states, the Dallas Court of Appeals has held that the COVID-19 virus did not cause a “direct physical loss of or damage to” property, affirming a trial court’s summary judgment order in favor of the insurer....
by George Christian | Aug 26, 2024
The Texas Supreme Court has agreed to review another certified question from the U.S. Fifth Circuit Court of Appeals concerning a landowner’s responsibility to protect invitees from naturally accumulating rainfall on the property under a negligent undertaking theory....
