by George Christian | Apr 25, 2024
3HM Trucking, LLC, Michael Jerome Wright, Prestinge Gunnite, Inc., Jesus Maria Rosales, III, Tri-National, Inc. v. Joann Carr Elizondo, et al. (No. 13-23-00135-CV; March 21, 2024) arose from a fatality accident involving two commercial trucks in Dallas County that...
by George Christian | Apr 25, 2024
The Texas Supreme Court has put a stop to a commercial trucking case in a Tarrant County trial court until it can sort out a defendant’s petition for writ of mandamus challenging the trial court’s death penalty sanctions against it. The underlying litigation in In re...
by George Christian | Apr 24, 2024
The Houston [1st] Court of Appeals has reversed a trial court order dismissing a lawsuit against two engineering firms retained by Union Pacific Railroad to assist in cleaning up creosote contamination emanating from UP’s Englewood Rail Yard in Harris County. In...
by George Christian | Apr 24, 2024
The Texas Supreme Court might need a separate docket for the proliferation of mandamus petitions in UIM cases. The Court now has before it six such cases in which a trial court refused to abate the insured’s extracontractual claims until the insurer’s liability on the...
by George Christian | Apr 23, 2024
The Houston [14th] Court of Appeals has applied the Texas Supreme Court’s recent ruling in TotalEnergies E&P USA, Inc. v. MP Gulf of Mexico, LLC, 667 S.W.3d 694 (Tex. 2023) to enforce an arbitration agreement that incorporated Rule R-9 of the AAA Construction...
by George Christian | Apr 23, 2024
In a somewhat unusual commercial trucking case, the Texas Supreme Court has instructed the Corpus Christi Court of Appeals to correct its and the trial court’s erroneous interpretation of the term “employee” and other errors that contributed to a nuclear verdict in...
by George Christian | Apr 22, 2024
The Dallas Court of Appeals has found that a trial court clearly abused its discretion by denying a defendant in an action on a sworn account his request for a jury trial on the reasonableness of the plaintiff’s attorney’s fees. William Simons Garland v. Medical...
by George Christian | Apr 20, 2024
The Dallas Court of Appeals has affirmed a trial court order dismissing a defamation case under the Texas Citizens Participation Act (Ch. 27, CPRC). Samella Anderson v. Elma Z. Goodwin (No. 05-23-00343-CV; February 22, 2024) arose from a nasty altercation between...
by George Christian | Apr 18, 2024
In a case in which the Texas Medical Association and Texas Hospital Association have taken opposing positions, the Texas Supreme Court has before it a petition for review of a Corpus Christi Court of Appeals decision holding that a nonprofit health organization that...
by George Christian | Apr 18, 2024
Section 52.006, CPRC, governs the amount of a security for a money judgment that a judgment debtor must post in order to pursue an appeal. Generally the amount of this “supersedeas” bond equals the sum of the amount of compensatory damages awarded, interest for the...