by George Christian | Sep 21, 2023
The Texas Supreme Court will hear a case brought by landowners against TxDOT for damages resulting from the removal of trees and brush from their property. Texas Department of Transportation v. Mark Self and Birgit Self (No. 22-0585; 02-21-00240-CV; delivered April...
by George Christian | Sep 20, 2023
TCJL has filed an amicus brief in the Texas Supreme Court in a troubling case of discovery abuse from a Dallas County Court at Law. In re Lyft (No. 23-0379) arose from a personal injury lawsuit in which plaintiff sought discovery of Lyft’s excess insurance policies,...
by George Christian | Sep 19, 2023
With the termination of Governor Abbott’s declared state of emergency for COVID-19 on June 15, the more than three-year period covered by the Pandemic Liability Protection Act (SB 6, 2021) has likewise come to an end. By all accounts, SB 6 succeeded in making sure...
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....
