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SCOTX Considering Review of Decision Holding That Nonprofit Health Organizations May Be Vicariously Liable for Physician’s Negligence
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...
Dallas Court of Appeals Holds That $25 Million Supersedeas Cap Applies Per Judgment Debtor
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...
San Antonio Court of Appeals Affirms TC Denial of TCPA Motion to Dismiss in Defamation Case
Consultants in Pain Medicine, PLLC and David Blanton v. Ellen Boyle Duncan, PLLC and Ellen Boyle Duncan, M.D.(No. 04-22-00479-CV; March 13, 2024) arose from a dispute between a pain-management medical practice (CIPM), its CEO (Blanton), and one its six physician...
Biopharmaceutical Company Seeks Mandamus Relief Against Qui Tam Lawsuit Filed by Group of Wall Street Investors
In a case that has already been rejected by federal courts and the Department of Justice, a biopharmaceutical group has asked the Texas Supreme Court for writ of mandamus ordering a Harrison County district court to dismiss the case on both issue-preclusion and...
Texarkana Court of Appeals Declines to Create New Duty Requiring Rural Landowners to Inspect Land for Risk of Falling Trees
The Texarkana Court of Appeals has rejected an invitation to impose on rural landowners a duty to inspect trees that may fall on an adjacent public roadway and cause injury to a passing motorist. Katherine Toole Bell, Individually, and Katherine Toole Bell On...
Houston [14th] Court of Appeals Reverses TC Dismissal of Chapter 74 Health Care Liability Claim
Michael Todd Kosar, Individually and as Independent Administrator for the Estate of Betty Kosar, Deceased; Cristianos G. Lopez; Genevieve R. Lopez; and Sebastian Rodriguez v. KPA-Consolidation, d/b/a Kingwood Medical Center (No. 14-22-00911-CV; April 16, 2024)...
Corpus Christi Court of Appeals Mandamuses Trial Court for Sitting on Parties’ Summary Judgment Motions for Three Years
The Corpus Christi Court of Appeals has taken an Hidalgo County district judge to task for sitting on competing motions for summary judgment for three years and granted a petition for writ of mandamus ordering the judge to make the ruling post-haste. The underlying...
In Concurring Opinion, Dallas Court of Appeals Justice Critiques Low Evidentiary Standards for Soft Damages Awards
In a concurring opinion in a case involving evidence (or lack thereof) of pain and suffering damages, Dallas Court of Appeals Justice Emily Miskel reminded the majority that a plaintiff’s conclusory statements about his own allegations of nental anguish damages do...
Austin Court of Appeals Affirms Defense Judgment for Oil and Gas Producers in Saltwater Injection Well Failure Case
Carroll L. Lee, Peggy G. Lee, Lee Concho Valley Family L.P., Sandra Cagle, Jerry D. Lee, Larry G. Lee, and Matthew Lee v. Memorial Production Operating, LLC; Grandfield Consulting, Inc.; Boaz Energy, LLC; and Ivory Energy, LLC(No. 03-22-00063-CV; February 29, 2024)...
SCOTX Reverses Court of Appeals in Jury Charge Error Case Involving Slip and Fall in Grocery Store
The Texas Supreme Court has reversed a Houston [14th] Court of Appeals decision overturning a take nothing judgment in favor of a Randall’s grocery store. Albertsons, LLC d/b/a Randall’s; Albertsons Companies, LLC d/b/a Randall’s; Randall’s Food Markets, Inc. d/b/a...
TCJL Journal
Fall 2019
- 2019 Legislators of the Year
- 86th Legislative Session Report
- Texas Civil Justice League Amicus Report
- Eminent Domain: Why S.B. 421 was a Litigation Nightmare
- Interim Study to Take Another Look at Judicial Selection
- Paid or Incurred: Next Frontier of Tort Reform? Close Paid or Incurred Loophole