15th Court of Appeals Applies Sovereign Immunity to Bar Property Owner’s Suit Seeking Restitution of Property Sold by State to Pay a Subsequently Overturned DTPA Judgment

by George Christian | Aug 6, 2026

The 15th Court of Appeals has reversed a trial court order denying the state’s plea to the jurisdiction in a lawsuit seeking restitution for the value of property sold at a forced sale to pay a judgment for the state in a public enforcement action under the DTPA. That...

Divided 15th Court Rules That Attorney Immunity Applies to Attorney That Allegedly Provided Business Advice to Corporate Entity

by George Christian | Aug 5, 2026

A split 15th Court of Appeals has reversed a Business Court order denying an attorney defendant’s Rule 91a motion to dismiss based on the affirmative defense of attorney immunity. In re Frank Jackson (No. 15-25-00235-CV; July 14, 2026) arose from a wrongful...

Business Court Grants Special Appearance to California Resident Who Acted as Defendants’ Agent in Disputed Texas Deal

by George Christian | Aug 5, 2026

The Business Court has dismissed a non-resident individual from a Texas business dispute for lack of personal jurisdiction, CWK Management, Inc., for itself and derivatively on behalf of CWKCWE Management, LLC; and Vincent Carfora v. Deno Maggi; Terrall Hill; Bill...

Business Court Throws Out Fraud Claims in Suit Between AT&T and Service Provider, But Sends Contract Claims to Jury Trial

by George Christian | Aug 4, 2026

The Business Court has dismissed competing fraud claims in a dispute between AT&T and a former service provider over the termination of a lucrative alliance over “kickbacks” allegedly paid by the provider to AT&T employees. Fiberwave, Inc., f/k/a Spearhead...

Dallas Court of Appeals Affirms Defense Summary Judgment in Fraudulent Lien Case

by George Christian | Aug 4, 2026

The Dallas Court of Appeals has affirmed a trial court order granting summery judgment to a concrete supplier who allegedly filed a fraudulent lien against a builder. EarnhartBuilt, LLC v. Preferred Materials, LLC, Procore Technologies, Inc., Express Lien, Inc. d/b/a...

El Paso Court of Appeals Affirms TC Denial of Chapter 74 Motion to Dismiss Nursing Home Claim

by George Christian | Aug 3, 2026

The El Paso Court of Appeals has affirmed a trial court order denying § 74.351, CPRC, motions to dismiss health care liability claims against a nursing home and two other entities alleged to have vicarious liability. El Paso V Enterprises, L.L.C., d/b/a Pebble Creek...

Business Court Applies Judicial Immunity to Dismiss Receiver from Post-Divorce Dispute Over Sale of Community Property But Doesn’t Extend Immunity to Entities Created by Receiver to Conduct Sale

by George Christian | Aug 3, 2026

The Business Court has granted the Rule 91a motion of a court-assigned receiver who allegedly committed dishonest and fraudulent acts in conducting the sale of community property under a divorce decree on the basis of judicial immunity. Two entities created by the...

Divided Houston [1st] Court of Appeals Reverses TC Denial of Motion to Compel in Dispute Over Interment in Wrong Burial Plot

by George Christian | Jul 31, 2026

The Houston [1st] Court of Appeals has revered a trial court order denying a cemetery’s motion to compel arbitration in a dispute with a family over an interment in the wrong burial plot. SCI Texas Funeral Services, LLC d/b/a Memorial Park and DM Affinity, Inc. (No....

Divided Houston [1st] Court of Appeals Reverses TC Denial of Law Firm’s Motion to Compel Arbitration Where Four Years Elapsed While TCPA Motion to Dismiss Was Resolved

by George Christian | Jul 30, 2026

Over a dissent, the Houston [1st] Court of Appeals has held that a law firm did not waive its right to arbitration in a dispute with former clients although four years elapsed between its initial motion to compel and a renewal of the motion after the court of appeals...

Governor Abbott Reappoints Ten Judges To Texas Business Court

by Justin Gailey | Jul 29, 2026

Governor Greg Abbott today reappointed all ten judges of the Texas Business Court Divisions to new two-year terms beginning September 1, 2026. “Businesses choose Texas in record numbers because Texas delivers results,” said Governor Abbott. “The Texas Business Court...