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# Texas Civil Justice League

No Regulation by Litigation

## Posts

- [SCOTX Reverses Beaumont Court of Appeals, Finds That Submission of Res Ipsa Charge Constituted Harmful Error](https://tcjl.com/scotx-reverses-beaumont-court-of-appeals-finds-that-submission-of-res-ipsa-charge-constituted-harmful-error/) - The Texas Supreme Court has reversed a decision of the Beaumont Court of Appeals holding that the submission of jury charge on res ipsa loquitor (“the thing speaks for itself”) constituted harmful error requiring a new trial. Schindler Elevator Corporation v. Darren Ceasar (No. 22-0030; delivered June 16, 2023) arose from injuries allegedly suffered by
- [SB 12 Criminalizes Private, Non-Commercial “Sexually Oriented Performances”—Even in a Home](https://tcjl.com/sb-12-criminalizes-private-non-commercial-sexually-oriented-performances-even-in-a-home/) - In what could be the most breathtaking exercise of state authority over the private lives of its citizens in Texas history, Texas law will soon criminalize certain performances deemed as “sexually oriented” without regard to where the performance takes place or any compensation is charged therefor. SB 12 began its legislative journey as a bill
- [SCOTX Rejects Extension of Equitable Tolling Exceptions to Dismissal of Case Based on Inadequate Certificate of Merit](https://tcjl.com/scotx-rejects-extension-of-equitable-tolling-exceptions-to-dismissal-of-case-based-on-inadequate-certificate-of-merit/) - Plaintiff hired an architectural firm to work on developing its property in McAllen in early 2006. In June 2010, plaintiff sued the firm for negligent design but failed to include a certificate of merit, as required by § 150.002(a), CPRC. The firm moved to dismiss. Plaintiff nonsuited its claims and, a few months later, refiled
- [Governor Vetoes Legislation Voiding Venue Selection Clauses in Construction Contracts (HB 2879)](https://tcjl.com/governor-vetoes-legislation-voiding-venue-selection-clauses-in-construction-contract-hb-2879s/) - Today Governor Abbott vetoed HB 2879, which would have added § 15.021, CPRC, to provide that a venue provision in a contract for an improvement to real property that requires an action involving a contractor, subcontractor, or materialman who is a Texas resident to be brought outside the state is void as a matter of
- [Dallas Court of Appeals Reverses Trial Court Ordering Arbitration in Wrongful Death Case](https://tcjl.com/dallas-court-of-appeals-reverses-trial-court-ordering-arbitration-in-wrongful-death-case/) - The Dallas Court of Appeals has held that a rehabilitation facility sued for wrongful death failed to carry its evidentiary burden that a valid arbitration agreement existed between the facility and plaintiff. Roger Cornell Fox, Individually and on Behalf of the Estate of Karen Nasine Fox v. The Rehabilitation & Wellness Centre of Dallas, LLC
- [Dallas Court of Appeals Reverses Trial Court Dismissal of Lawsuit on Forum Non Conveniens Grounds](https://tcjl.com/dallas-court-of-appeals-reverses-trial-court-dismissal-of-lawsuit-on-forum-non-conveniens-grounds/) - In what appears to be a case of first impression, the Dallas Court of Appeals has held that a nonresident party who filed a lawsuit in Texas and litigated the matter to summary judgment waived its reliance on the common law doctrine of forum non conveniens. The case, James Scott Munro, Audrey Perez, and Intrinsic
- [Beaumont Court of Appeals Affirms Waiver of Governmental Immunity in Hurricane Harvey-related Lawsuit Against ISD](https://tcjl.com/beaumont-court-of-appeals-affirms-waiver-of-governmental-immunity-in-hurricane-harvey-related-lawsuit-against-isd/) - The Beaumont Court of Appeals has upheld a trial court denial of a school district’s plea to the jurisdiction in a contract dispute between the district and a public adjuster in the wake of Hurricane Harvey. Beaumont Independent School District v. LRG-Loss Recovery Group LLC and Randall Harris (No. 09-22-00144-CV) arose over the school district’s
- [Beaumont Court of Appeals Mandamuses Trial Court That Reinstated Personal Injury Case After Expiration of Plenary Power](https://tcjl.com/beaumont-court-of-appeals-mandamuses-trial-court-that-reinstated-personal-injury-case-after-expiration-of-plenary-power/) - In a case with somewhat unusual procedural facts, the Beaumont Court of Appeals has issued a conditional writ of mandamus directing a Montgomery County trial court to vacate an order reinstating a lawsuit after dismissing it for want of prosecution. In re Dakota Directional Drilling, Inc., Dakota Utility Contractors, Inc., and David Luke Fouse (No.
- [SCOTX Holds that City Does Not Have Immunity from Suit for Breach of Chapter 380 Agreement](https://tcjl.com/scotx-holds-that-city-does-not-have-immunity-from-suit-for-breach-of-chapter-380-agreement/) - By a 7-2 majority, the Texas Supreme Court has held that a city executing a Chapter 380 economic development agreement with a private business is acting in a proprietary capacity and thus may be sued for breach of contract. City of League City, Texas v. Jimmy Changas, Inc. (No. 21-0307) arose from a dispute over
- [Judicial Training and Education Legislation (HB 2384) Delivers Rare Win-Win-Win for Litigants, Practitioners, and the Judiciary](https://tcjl.com/judicial-training-and-education-legislation-hb-2384-delivers-rare-win-win-win-for-litigants-practitioners-and-the-judiciary/) - As we reported last fall, one aspect of the larger debate over the manner in which Texas selects its judiciary has attracted a higher degree of consensus than the process of selection itself: judicial qualifications. All parties to the debate agree that it is a good thing to have well-qualified candidates for judicial offices from
- [Corpus Christi Court of Appeals Splits in Medical Malpractice Case](https://tcjl.com/corpus-christi-court-of-appeals-splits-in-medical-malpractice-case/) - A split decision by a panel of the Corpus Christi Court of Appeals in a medical malpractice has drawn a second dissenting opinion criticizing the majority of the panel for blocking en banc review of its decision. Octavio Aguilera; The Schumacher Group of Texas, Inc.; VHS Harlingen Hospital Company, LLC d/b/a Valley Baptist Medical Center-Harlingen;
- [SCOTX Declines Review of Sales Tax Refund by Gaming Company](https://tcjl.com/scotx-declines-review-of-sales-tax-refund-by-gaming-company/) - The Texas Supreme Court has denied a petition for review in a case involving a gaming company’s contract with a local VFW post to offer a “sweepstakes game” in return for a percentage of the proceeds. Sidetracked Bar, LLC v. Glen Hegar, Comptroller of Public Accounts of the State of Texas; and Ken Paxton, Attorney
- [SCOTX Declines Review of Tort Claims Act Case Involving TXDOT](https://tcjl.com/scotx-declines-review-of-tort-claims-act-case-involving-txdot/) - The Texas Supreme Court has declined to hear a split decision of the Waco Court of Appeals, which reversed a trial court denial of the Texas Department of Transportation’s plea to the jurisdiction based on sovereign immunity. Kathleen Galloway-Powe, Individually and as Representatives of the Estates of Manley D. Galloway, Deceased, and Elfriede Galloway, Deceased
- [SCOTX Accepts Certified Question from U.S. 5th Circuit on Tolling Issues](https://tcjl.com/scotx-accepts-certified-question-from-u-s-5th-circuit-on-tolling-issues/) - The U.S. 5th Circuit Court of Appeals has asked the Texas Supreme Court for help in construing the so-called “jurisdiction-saving” provision that temporarily tolls the statute of limitations for a case dismissed due to lack of jurisdiction. Lee Marvin Sanders; Matthew Sodrok v. The Boeing Company; Kiddie Technologies, Incorporated; Jamco American, Incorporated (No. 22-20317; No.
- [SCOTX Grants Review in Forced Pooling Case Pitting RRC Against GLO](https://tcjl.com/scotx-grants-review-in-forced-pooling-case-pitting-rrc-against-glo/) - The Texas Supreme Court will review a case challenging a Railroad Commission order denying an oil and gas operator’s application to force pool its mineral interest with another operator. Ammonite Oil and Gas Corporation v. Railroad Commission of Texas and EOG Resources, Inc. (No. 04-20-00465-CV; No. 21-1035, granted June 2, 2023) arose from Ammonite’s effort
- [Constitutional Amendments on the November 2025 Ballot](https://tcjl.com/constitutional-amendments-on-the-november-2025-ballot/) - There are 17 proposed constitutional amendments on the Texas November 2025 ballot. Complete information is available on the Texas Secretary of State website at https://www.sos.texas.gov/elections/forms/2025-explanatory-statements.pdf. Proposition Number 1 Prop. 1 will appear on the ballot as follows: “The constitutional amendment providing for the creation of the permanent technical institution infrastructure fund and the available
- [Eastland Court of Appeals Reverses Judgment for Landowner Who Buried Producer's Flowlines](https://tcjl.com/eastland-court-of-appeals-reverses-judgment-for-landowner-who-buried-producers-flowlines/) - The Eastland Court of Appeals has reversed a trial court judgment awarding damages to a surface estate owner who took it upon himself to bury a producer’s flow lines when the producer did not fully comply with a lease provision permitting the lessor to request pipeline burial. Byrne Oil Company v. Jennifer Walraven, Individually and
- [San Antonio [Fourth Division] Business Court Finds No Jurisdiction in Case Removed from Probate Court](https://tcjl.com/san-antonio-fourth-division-business-court-finds-no-jurisdiction-in-case-removed-from-probate-court/) - The San Antonio [Fourth Division] Business Court has ruled that it does not have jurisdiction over a case removed from a probate court because Plaintiff didn’t agree to the removal. Charlotte Rogers Barrett v. Marcus T. Barrett, IV, et al. (No. 25-BC04A-0013; 2025 Tex. Bus. 37; September 23, 2025) arose from a family dispute involving
- [Houston [14th] Court of Appeals Reverses $1.5 Million Punitive Damages Award in Questionable Fraud Lawsuit Over Nonsubscriber Policy](https://tcjl.com/houston-14th-court-of-appeals-reverses-1-5-million-punitive-damages-award-in-questionable-fraud-lawsuit-over-nonsubscriber-policy/) - The Houston [14th] Court of Appeals has reversed a $1.5 million punitive damages judgment against a trucking company that procured a nonsubscriber policy for an independent contractor truck driver who knew that he wasn’t covered by the policy in the first place. Pilot Travel Centers LLC v. M Felder Trucking, LLC and Mark Felder (No.
- [MDL Panel Considering Transfer Petition for LNG Terminal Construction Accident](https://tcjl.com/mdl-panel-considering-transfer-petition-for-lng-terminal-construction-accident/) - Defendants in a multi-party action arising from a construction accident at a Port Arthur LNG terminal have petitioned the multi-district litigation panel to transfer to an MDL pre-trial court a number of personal injury actions filed in Harris and Jefferson Counties. In re April 29, 2025 Construction Incident (No. 25-0590) arose from an accident involving
- [Houston [14th] Court of Appeals Rules That Foreign Judgment Creditors May Domesticate a New York Judgment in Texas and Seek Dismissal of Similar Texas Suit on Res Judicata Grounds](https://tcjl.com/houston-14th-court-of-appeals-rules-that-foreign-judgment-creditors-may-domesticate-a-new-york-judgment-in-texas-and-seek-dismissal-of-similar-texas-suit-on-res-judicata-grounds/) - The Houston [14th] Court of Appeals has affirmed that filing motion to dismiss on res judicata grounds in a Texas lawsuit does not bar foreign judgment creditors from domesticating a New York judgment in Texas under the Uniform Enforcement of Foreign Judgments Act (UEFJA). This dispute in Electric Red Ventures, LLC, Monzer Hourani, and Manfred
- [Dallas Court of Appeals Overturns $34 Million Judgment Against Taiwanese Manufacturer for Lack of Jurisdiction](https://tcjl.com/dallas-court-of-appeals-overturns-34-million-judgment-against-taiwanese-manufacturer-for-lack-of-jurisdiction/) - The Dallas Court of Appeals has reversed a $34 million default judgment against a Taiwanese electronics manufacturer. Polaris Electronic Co. Ltd. v. Raspberry 353 LLC (No. 05-23-00382-CV; August 29, 2025) a prior suit between Razberi Technologies, Inc., a Dallas-based electronics company, and DynaColor Inc., a Taiwanese electronics manufacturer, resulting in a $25,000,000 judgment in Razberi’s
- [Register Today! TCJL 39th Annual Meeting & CLE on November 5, 2025](https://tcjl.com/annual-rsvp/) - TCJL 39th Annual Meeting 2025 Wednesday, November 5, 2025 Headliners Club 221 West 6th Street Austin (TIMES UPDATED) 10:00-12:00 CLE Growing Pains: Reviewing the First Year of the 15th Court of Appeals and Business Courts Continuing Legal Education - CLE Course #174287028 Hon. Scott Field, Justice, 15th Court of Appeals Hon. Jerry Bullard, Judge, Business
- [SCOTX Stays Premises Liability Lawsuit Against Hospital to Consider Mandamus Petition in Discovery Dispute](https://tcjl.com/scotx-stays-premises-liability-lawsuit-against-hospital-to-consider-mandamus-petition-in-discovery-dispute/) - The Texas Supreme Court has granted a hospital management company’s motion for an emergency stay while it considers the company’s petition for writ of mandamus in a discovery dispute. In re HCA Management Services, L.P. (No. 25-0872; granted October 3, 2025) arose from an intoxicated driver crashing her car into the lobby of the North
- [Sponsor the TCJL 39th Annual Meeting & CLE on November 5, 2025](https://tcjl.com/annual-sponsor/) - TCJL 39th Annual Meeting & CLE on November 5, 2025 Wednesday, November 5, 2025 Headliners Club 221 West 6th Street Austin TIME CHANGES - CLE now begins at 10:00, lunch now begins at 12:15 10:00-12:00 CLE Growing Pains: Reviewing the First Year of the 15th Court of Appeals and Business Courts Continuing Legal Education
- [Texas Supreme Court Grants Review of El Paso Court Decision That Deed Conveying 1/128th Interest in Minerals Actually Conveys a 1/16th Interest](https://tcjl.com/texas-supreme-court-grants-review-of-el-paso-court-decision-that-deed-conveying-1-128th-interest-in-minerals-actually-conveys-a-1-16th-interest/) - The Texas Supreme Court has granted review of an El Paso Court of Appeals decision holding that a deed conveying a fixed 1/128th mineral and floating royalty interest in fact conveyed a non-participating 1/16th interest and a floating 1/16th royalty interest. Cale Andrew Clifton, Christopher Matthew Clifton, Pamela Parker Clifton, COG Operating, LLC, Desert Partners
- [Beaumont Court of Appeals Affirms TC Order Denying Hospital’s Motion to Dismiss in Chapter 74 Health Care Liability Claim](https://tcjl.com/beaumont-court-of-appeals-affirms-tc-order-denying-hospitals-motion-to-dismiss-in-chapter-74-health-care-liability-claim/) - The Beaumont Court of Appeals has upheld a trial court order denying a hospital’s motion to dismiss a health care liability claim for an inadequate expert report. Chi St. Luke’s Community Health Services-The Woodlands Hospital v. Sharon Smith (No. 09-25-00044-CV; July 31, 2025) arose from the alleged malpractice of two physicians and a hospital. Plaintiff
- [Dallas Court of Appeals Mandamuses Trial Court for Electronic Discovery Order Compelling Defendants to Produce Electronic Devices](https://tcjl.com/dallas-court-of-appeals-mandamuses-trial-court-for-electronic-discovery-order-compelling-defendants-to-produce-electronic-devices/) - In a defamation case contemplating the suitability of e-discovery for all electronic devices, the Dallas Court of Appeals has conditionally granted relators’ petition for writ of mandamus, finding the trial judge abused his discretion by refusing to hear relator’s relevance and overbreadth objections and granting real parties’ highly intrusive e-discovery request. In re Andrew Gautreaux
- [15th Court of Appeals Rejects State’s Sovereign Immunity Argument in Discovery Dispute with Patients Whose Personal Medical and Mental Health Records Were Subpoenaed (SB 14 gender-affirming care)](https://tcjl.com/15th-court-of-appeals-rejects-states-sovereign-immunity-argument-in-discovery-dispute-with-patients-whose-personal-medical-and-mental-health-records-were-subpoenaed-sb-14-gender-affirming-ca/) - The State of Texas v. Nonparty Patient No. 1, et al. (No. 15-25-00023-CV; August 14, 2025) arose from the state’s 2024 lawsuit in Collin County against a physician whom the state alleged provided gender-transition treatment to minors in violation of SB 14 and the DTPA. The state served subpoenas on two hospitals requesting documents “relating
- [TPLF Alert: Texas Supreme Court Advisory Committee to Discuss Third Party Litigation Funding on Friday, August 29, 2025](https://tcjl.com/tplf-alert-scac-august-29-2025/) - TCJL TPLF Resource Page Third Party Litigation Funding For more information and history of this issue, please see the resource page on www.tcjl.com The Texas Supreme Court Advisory Committee has posted an agenda for the meeting scheduled for this Friday, August 29, 2015. Third Party Litigation Funding is item VI on the agenda. SCAC
- [Fort Worth (Eighth Division) Business Court Denies Defendants’ Attempts to Use Dominant Jurisdiction Rule to Block Plaintiff’s Suit for Involuntary Termination of an LLC](https://tcjl.com/fort-worth-eighth-division-business-court-denies-defendants-attempts-to-use-dominant-jurisdiction-rule-to-block-plaintiffs-suit-for-involuntary-termination-of-an-llc/) - In a suit in which two sisters fell out over one of them’s conduct of an LLC they owned equally, the Fort Worth (Eighth Division) Business Court has ruled that the aggrieved sister’s lawsuit in the business court for involuntary termination of the LLC could proceed independently of an earlier lawsuit filed in Parker County
- [San Antonio Court of Appeals, Citing Die Hard, Upholds $1 Million Judgment in Aircraft Leasing Dispute](https://tcjl.com/san-antonio-court-of-appeals-citing-die-hard-upholds-1-million-judgment-in-aircraft-leasing-dispute/) - The San Antonio Court of Appeals has largely upheld a $1 million judgment in favor of the lessor of an upscale commercial aircraft in a contract dispute arising from an aircraft maintenance problem that delayed a flight chartered by Hollywood star Bruce Willis. Saturn Aviation, LLC v. BMH Air,LLC (No. 04-23-00095-CV; July 2, 2025) arose
- [Dallas Business Court Tosses Minority Owners’ Challenge to Majority Owner’s Exercise of Drag-Along Sale Rights](https://tcjl.com/dallas-business-court-tosses-minority-owners-challenge-to-majority-owners-exercise-of-drag-along-sale-rights/) - In a massive three-part opinion, the Dallas Business Court [First Division] has ruled that a majority owner’s exercise of drag-along sale rights conferred under the partnership agreement met both the requirements of the contract and the minimum statutory requirements regarding a partner’s duty of care, loyalty, and good faith. Primexx Energy Opportunity Fund, LP v.
- [15th Court of Appeals Rejects TxDOT’s Sovereign Immunity Claim in Dispute with Landowner Over Dedication of Right-of-Way](https://tcjl.com/15th-court-of-appeals-rejects-txdots-sovereign-immunity-claim-in-dispute-with-landowner-over-dedication-of-right-of-way/) - [et_pb_section bb_built=”1″ admin_label=”section” inner_width=”auto” inner_max_width=”1238px”][et_pb_row admin_label=”row” background_position=”top_left” background_repeat=”repeat” background_size=”initial” width=”80%” max_width=”1238px”][et_pb_column type=”4_4″ custom_padding__hover=”|||” custom_padding=”|||”][et_pb_text background_position=”top_left” background_repeat=”repeat” background_size=”initial” _builder_version=”4.27.2″ background_pattern_color=”rgba(0,0,0,0.2)” background_mask_color=”#ffffff” text_text_shadow_horizontal_length=”text_text_shadow_style,%91object Object%93″ text_text_shadow_horizontal_length_tablet=”0px” text_text_shadow_vertical_length=”text_text_shadow_style,%91object Object%93″ text_text_shadow_vertical_length_tablet=”0px” text_text_shadow_blur_strength=”text_text_shadow_style,%91object Object%93″ text_text_shadow_blur_strength_tablet=”1px” link_text_shadow_horizontal_length=”link_text_shadow_style,%91object Object%93″ link_text_shadow_horizontal_length_tablet=”0px” link_text_shadow_vertical_length=”link_text_shadow_style,%91object Object%93″ link_text_shadow_vertical_length_tablet=”0px” link_text_shadow_blur_strength=”link_text_shadow_style,%91object Object%93″ link_text_shadow_blur_strength_tablet=”1px” ul_text_shadow_horizontal_length=”ul_text_shadow_style,%91object Object%93″ ul_text_shadow_horizontal_length_tablet=”0px” ul_text_shadow_vertical_length=”ul_text_shadow_style,%91object Object%93″ ul_text_shadow_vertical_length_tablet=”0px” ul_text_shadow_blur_strength=”ul_text_shadow_style,%91object Object%93″ ul_text_shadow_blur_strength_tablet=”1px” ol_text_shadow_horizontal_length=”ol_text_shadow_style,%91object Object%93″ ol_text_shadow_horizontal_length_tablet=”0px” ol_text_shadow_vertical_length=”ol_text_shadow_style,%91object Object%93″ ol_text_shadow_vertical_length_tablet=”0px” ol_text_shadow_blur_strength=”ol_text_shadow_style,%91object Object%93″
- [Houston [1st] Court of Appeals Sides With Insurer in Dispute Over Applicability of Appraisal Provision](https://tcjl.com/houston-1st-court-of-appeals-sides-with-insurer-in-dispute-over-applicability-of-appraisal-provision/) - The Houston [1st] Court of Appeals has granted mandamus to enforce a homeowner’s policy’s appraisal provision against an insured seeking nearly $2 million for a claim the insurer initially adjusted as worth less than the policy’s deductible. The facts of In re Allied Trust Insurance Company (No. 01-25-00101; July 1, 2025) are as follows. Allied
- [SCOTX Accepts Review Involving Application of Limitations to a Nuisance Claim Seeking Permanent Injunctive Relief](https://tcjl.com/scotx-accepts-review-involving-application-of-limitations-to-a-nuisance-claim-seeking-permanent-injunctive-relief/) - The Texas Supreme Court has granted a popular chain retail store’s petition for review in a case raising the issue of whether the two-year statute of limitations on nuisance claims applies to Plaintiff’s request for a permanent injunction to abate the alleged nuisance. Family Dollar Stores of Texas, LLC, ARCP FDCCC1403, 7B Building & Development,
- [Austin Court of Appeals Affirms Significant DTPA Judgment Against Sham Entity and Its Owner](https://tcjl.com/austin-court-of-appeals-affirms-significant-dtpa-judgment-against-sham-entity-and-its-owner/) - In a case that demonstrates that the DTPA is still alive and kicking, the Austin Court of Appeals has affirmed a trial court judgment against an individual and his sham entity for posing as a commercial construction company and taking a business’s money without performing the work. My Place Services LLC; Hatem M. Merhi; Fauneil
- [Houston [1st] Court of Appeals Lets Plaintiff Whose Counsel Neglected to Respond to Rule 91a Motion Off the Hook, Revives Dismissed Lawsuit Against Hermann Hospital](https://tcjl.com/houston-1st-court-of-appeals-lets-plaintiff-whose-counsel-neglected-to-respond-to-rule-91a-motion-off-the-hook-revives-dismissed-lawsuit-against-hermann-hospital/) - In a case that leaves us scratching our heads a bit, the Houston [1st] Court of Appeals has given a plaintiff a second chance in an employment discrimination suit after her lawyer somehow didn’t notice a Rule 91a motion had been filed in the client’s case. Jennifer Cook v. Memorial Hermann Health System (No. 01-23-00178-CV;
- [Houston [14th] Court of Appeals Dismisses Contract, Tort Claims on Jurisdictional and TCPA Grounds](https://tcjl.com/houston-14th-court-of-appeals-dismisses-contract-tort-claims-on-jurisdictional-and-tcpa-grounds/) - The Houston [14th] Court of Appeals has dismissed breach of contract and tortious interference claims against a corporate shareholder for breach of contract and tortious interference on TCPA grounds. It further dismissed the entity’s lawsuit against the shareholder’s California lawyer for lack of personal jurisdiction. Matthew van Steenwyk and Matthew Umhofer v. Applied Technologies Associates,
- [Dallas Court of Appeals Affirms Defense Summary Judgment in Slip-and-Fall at DFW Airport](https://tcjl.com/dallas-court-of-appeals-affirms-defense-summary-judgment-in-slip-and-fall-at-dfw-airport/) - In a case transferred from the Fort Worth Court of Appeals, the Dallas Court of Appeals has affirmed a trial court order granting an airline’s motion for summary judgment in a suit brought by a passenger who fell while riding an escalator in the airport. Charles Martin and Darlene Martin v. Prospect Airport Services, Inc.,
- [Lt. Gov. Dan Patrick Announces Legislation for the First Called Special Session of the 89th Legislature](https://tcjl.com/lt-gov-dan-patrick-announces-legislation-for-the-first-called-special-session-of-the-89th-legislature/) - July 22, 2025 AUSTIN – Today, Lt. Gov. Dan Patrick announced the following legislation for the First Called Special Session of the 89th Legislature: SB 1 – Natural Disaster Preparation and Recovery, by Sen. Charles Perry, R-Lubbock SB 2 – Flood Emergency Communications and Warning, by Sen. Paul Bettencourt, R-Houston SB 3 – Relief Funding
- [Dallas Court of Appeals Affirms Trial Court Order Determining That New York Law Applies to Property Damage Claim, Eliminating Extracontractual Causes of Action and Attorney’s Fees](https://tcjl.com/dallas-court-of-appeals-affirms-trial-court-order-determining-that-new-york-law-applies-to-property-damage-claim-eliminating-extracontractual-causes-of-action-and-attorneys-fees/) - In a decision that substantially reduced a plaintiff’s damages claim, the Dallas Court of Appeals has affirmed a trial court order applying New York law to an Illinois insured’s property damage claim stemming from a 2019 tornado. Transform HoldCo LLC v. Starr Indemnity & Liability Company (No. 05-23-00339-CV; June 13, 2025) arose from a dispute
- [Fort Worth Court of Appeals Affirms Temporary Injunction for Breach of Non-Compete Agreement](https://tcjl.com/fort-worth-court-of-appeals-affirms-temporary-injunction-for-breach-of-non-compete-agreement/) - In an instructive opinion on the contours of Texas Rule of Civil Procedure 683, which governs temporary injunctions, the Fort Worth Court of Appeals has upheld a trial court’s grant of a temporary injunction to stop former employees of a real estate investment company from using its confidential information to start up a competing enterprise.
- [Houston [1st] Court of Appeals Mandamuses Trial Court for Setting Aside Default Judgment](https://tcjl.com/houston-1st-court-of-appeals-mandamuses-trial-court-for-setting-aside-default-judgment/) - The Houston [1st] Court of Appeals has vacated a trial court order setting aside a default judgment where the party against whom the judgment was taken simply didn’t follow the rules. In re Dannie Smith (No. 01-24-01004-CV; May 20, 2025) arose from a 2024 lawsuit in which Smith alleged causes of action against City Classic
- [Beaumont Court of Appeals Finds No Personal Jurisdiction in Dispute Between Texas Factoring Company and Florida Construction Company](https://tcjl.com/beaumont-court-of-appeals-finds-no-personal-jurisdiction-in-dispute-between-texas-factoring-company-and-florida-construction-company/) - The Beaumont Court of Appeals has reversed a trial court order denying a Florida-based storage facility construction company’s special appearance in a suit alleging that it breached a contract and committed fraud in Texas. Storage Building Company, LLC v. New Century Financial, Inc., Westlety St. Pierre, and Steel Fabrication Systems, LLC (No. 09-24-00113-CV; May 22,
- [El Paso Court of Appeals Affirms Jury Finding Piercing the Corporate Veil in Negligence Lawsuit](https://tcjl.com/el-paso-court-of-appeals-affirms-jury-finding-piercing-the-corporate-veil-in-negligence-lawsuit/) - The El Paso Court of Appeals has affirmed a judgment entered on a jury verdict finding that a business owner could be held personally liable in a negligence lawsuit against his bankrupt business. Laboe Labrado v. Aurora Legarreta, (No. 08-23-00271-CV; May 30, 2025) arose from injuries suffered by a daycare center employee while on the
- [SCOTX Grants Review in Challenge to Comptroller’s Single-Factor Apportionment Rule](https://tcjl.com/scotx-grants-review-in-challenge-to-comptrollers-single-factor-apportionment-rule/) - The Texas Supreme Court has granted a taxpayer’s petition for review of an Austin Court of Appeals that upheld a Comptroller rule that governs sourcing of a taxpayer’s gross receipts for purposes of apportioning them to Texas for franchise tax purposes. NuStar Energy, L.P. v. Glenn Hegar, Comptroller of Public Accounts of the State of
- [SCOTX Grants Review of Beaumont Court of Appeals Decision (Mis)Applying Express Negligence Rule](https://tcjl.com/scotx-grants-review-of-beaumont-court-of-appeals-decision-misapplying-express-negligence-rule/) - In a case in which TCJL is likely to submit some of amicus commentary, the Texas Supreme Court has granted a contractor’s petition for review arguing that the Beaumont Court of Appeals erroneously applied the express negligence rule to a narrow-form indemnity agreement. S&B Engineers & Constructors, Ltd. and Zurich American Insurance Company v. Scallon
- [Governor Abbott Announces Special Session Agenda](https://tcjl.com/governor-abbott-announces-special-session-agenda-2/) - Governor Greg Abbott today issued a proclamation identifying 18 agenda items for the upcoming Special Session that begins at 12:00 PM on Monday, July 21. "We delivered on historic legislation in the 89th Regular Legislative Session that will benefit Texans for generations to come," said Governor Abbott. "There is more work to be done, particularly in
- [SCOTX Reverses Plainly Erroneous El Paso Court of Appeals Decision in Commercial Trucking Case](https://tcjl.com/scotx-reverses-plainly-erroneous-el-paso-court-of-appeals-decision-in-commercial-trucking-case/) - The Texas Supreme Court has reversed a divided El Paso Court of Appeals’ ruling that a plaintiff in a commercial trucking case presented more than a scintilla of evidence to overcome defendants’ no-evidence summary judgment motion where plaintiff didn’t have any evidence at all. Osvanis Lozada and TELS, Inc. v. Cesar R. Posada (No. 23-1015;
- [New Causes of Action Tracker - 89th Lege 2025](https://tcjl.com/new-causes-of-action/) - 89th Legislature Jumps the Shark on New Causes of Action, Penalties by George Christian | Jun 3, 2025 www.tcjl.com/89th-legislature-jumps-the-shark-on-new-causes-of-action-penalties When we last reported on this subject right after the March 21 filing deadline, we were staggered by the sheer number of bills creating new or expanded legal duties, new causes of action, new or expanded civil and administrative
- [SCOTX Mandamuses South Texas Trial Court in Phantom Damages Case](https://tcjl.com/scotx-mandamuses-south-texas-trial-court-in-phantom-damages-case/) - The Texas Supreme Court has granted a major corporation’s petition for mandamus in a South Texas in which the plaintiff’s lawyer, operating under letters of protection, manufactured grossly inflated medical bills in a fender-bender case. In re Space Exploration Technologies Corp. and Lauren Krueger (No. 24-0290; June 27, 2025) arose from a low-impact chain reaction
- [SCOTX Orders Nuisance Claims Against Transmission and Distribution Utilities Dismissed in Winter Storm Uri Litigation](https://tcjl.com/scotx-orders-nuisance-claims-against-transmission-and-distribution-utilities-dismissed-in-winter-storm-uri-litigation/) - The Texas Supreme Court has ordered the dismissal with prejudice of thousands of nuisance claims against electric transmission and distribution utilities in a massive $10 billion lawsuit arising from Winter Storm Uri. The last defendants left standing in this case—the investor-owned transmission and distribution utilities (TDUs)— petitioned the Court for a writ of mandamus ordering
- [Business Court [First Division] Finds Jurisdiction in Case Involving Promissory Notes](https://tcjl.com/business-court-first-division-finds-jurisdiction-in-case-involving-promissory-notes/) - In another opinion construing the definition of “qualified transaction,” the Dallas-based First Division of the business court has held that the amount in controversy in a suit to collect on a demand note includes both principal and interest. Atlas IDF, LP v. NexPoint Real Estate Partners, LLC f/k/a HCRE Partners, LLC and Nancy Dondero (Cause
- [SCOTX Reverses Nuclear Verdict in Werner Case](https://tcjl.com/scotx-reverses-nuclear-verdict-in-werner-case/) - In a case in which we and just about every other organization on the defense side of the bar appeared as amici, the Texas Supreme Court has reversed a Houston [14th] Court of Appeals opinion affirming a $100 million verdict against a commercial trucking company. The facts in Werner Enterprises, Inc. and Shiraz A. Ali v.
- [SCOTX Rules That Produced Water Conveys to the Producer Under a Typical Oil-and-Gas Lease](https://tcjl.com/scotx-rules-that-produced-water-conveys-to-the-producer-under-a-typical-oil-and-gas-lease/) - In a case closely watched by oil and gas producers and surface owners, the Texas Supreme Court has decided that produced water, the chemical mix of brine and drilling, fracking, and formation fluids that comes out of the well bore along with oil and gas, belongs to the producer unless the mineral conveyance expressly reserves
- [SCOTX Mandamuses Houston [14th] Court of Appeals to Consider Whether Judgment Debtor Posted Adequate Alternative Security](https://tcjl.com/scotx-mandamuses-houston-14th-court-of-appeals-to-consider-whether-judgment-debtor-posted-adequate-alternative-security/) - In a per curiam opinion, SCOTX sent the matter back to the court of appeals. Issue one was the dispute over ex-husband’s net worth. After detailing the applicable statutes (§§ 52.006, .007) and TRAP 24.1 and 24.2, the Court noted that the parties agreed that the trial court’s determination of ex-husband’s net worth “depended entirely
- [SCOTX Affirms Dallas Court of Appeals Opinion Allowing Pilot Union Lawsuit Against Boeing to Go Forward in State Court](https://tcjl.com/scotx-affirms-dallas-court-of-appeals-opinion-allowing-pilot-union-lawsuit-against-boeing-to-go-forward-in-state-court/) - The Texas Supreme Court has affirmed a Dallas Court of Appeals’ decision holding that the federal Railway Labor Act (RLA)(45 USC § 151a) does not pre-empt a pilots association’s suit against Boeing in a dispute over the pilots’ agreement to fly the 737 MAX aircraft. The Boeing Company v. Southwest Airlines Pilots Association (SWAPA) On
- [Business Court [Eighth Division] Determines It Has Jurisdiction in Dispute Between Oil and Gas Producers](https://tcjl.com/business-court-eighth-division-determines-it-has-jurisdiction-in-dispute-between-oil-and-gas-producers/) - In an opinion that interprets the statutory definition of “qualified transaction” in the context of an agreement between oil and gas operators, the Fort Worth-based Eighth Division of the business court determined that the agreement met the statutory requirements and that the court had jurisdiction over the parties’ dispute. Slant Operating, LLC v. Octane Energy,
- [Austin Business Court Rules That It Has Jurisdiction in Civil Lawsuit Stemming from Texas Lottery Scandal](https://tcjl.com/austin-business-court-rules-that-it-has-jurisdiction-in-civil-lawsuit-stemming-from-texas-lottery-scandal/) - In a case arising from an alleged scheme to rig the April 2023 Texas Lottery (which created quite a stir in the Legislature this session and resulted in the abolition of the Lottery Commission and transfer of its duties to TDLR), the Austin (Third) division of the business Court has determined that it has jurisdiction
- [SCOTX Grants Review of Fort Worth Court of Appeals Decision Dismissing Dispute Involving West Virginia Mineral Interests for Lack of Subject Matter Jurisdiction](https://tcjl.com/scotx-grants-review-of-fort-worth-court-of-appeals-decision-dismissing-dispute-involving-west-virginia-mineral-interests-for-lack-of-subject-matter-jurisdiction/) - The Texas Supreme Court has agreed to review a Fort Worth Court of Appeals’ decision dismissing a dispute concerning the ownership of West Virginia mineral interests. Robert Scott Bauer and Braxton Minerals II, LLC v. Braxton Minerals III, LLC (No. 24-0438; granted June 13, 2025) arose from a dispute over mineral interests located in West
- [Texas Supreme Court Finds No Jurisdiction in Products Liability Case Against Foreign Manufacturer of Fuel Pumps](https://tcjl.com/texas-supreme-court-finds-no-jurisdiction-in-products-liability-case-against-foreign-manufacturer-of-fuel-pumps/) - The Texas Supreme Court has reversed a Corpus Christi Court of Appeals decision affirming a trial court order denying the special appearance of a South Korean parts manufacturer of an allegedly defective fuel pump. Hyundam Industrial Company, Ltd. v. Paul Swacina, as Successor Guardian of the Person and Estate of Johari Kibibi Powell, an Incapacitated
- [SCOTX Establishes Standard for Recovery of Equitable Monetary Damages in Breach of Contract Cases Where Nonbreaching Party Seeks Specific Performance](https://tcjl.com/scotx-establishes-standard-for-recovery-of-equitable-monetary-damages-in-breach-of-contract-cases-where-nonbreaching-party-seeks-specific-performance/) - In a case that conjures up William Blackstone’s Commentaries on the Laws of England (1765-69), the Texas Supreme Court has held that the Waco Court of Appeals did not properly consider the rule of equity that permits an award of monetary damages to a party seeking specific performance under certain circumstances. White Knight Development, LLC
- [SCOTX Finds No Jurisdiction Over Austrian Aircraft Engine Manufacturer in Product Liability Lawsuit](https://tcjl.com/scotx-finds-no-jurisdiction-over-austrian-aircraft-engine-manufacturer-in-product-liability-lawsuit/) - In a case in which TCJL filed an amicus curiae brief in support of an Austrian aircraft-engine manufacturer in a product liability suit, SCOTX has reversed a Dallas Court of Appeals’ decision that Texas courts had no specific jurisdiction over the manufacturer by virtue of the “stream-of-commerce-plus” test. The case, BRP-Rotax GMBH & Co. KG v. Sheema Shaik
- [SCOTX Reverses Houston [14th] Court of Appeals Decision Declining to Dismiss Suit Against City Based on Emergency Exception to Tort Claims Act](https://tcjl.com/scotx-reverses-houston-14th-court-of-appeals-decision-declining-to-dismiss-suit-against-city-based-on-emergency-exception-to-tort-claims-act/) - The Texas Supreme Court has reversed a Houston [14th] Court of Appeals decision that a plaintiff in a personal injury action against the City of Houston raised a material fact issue as to whether a police officer responding to an emergency acted with willful or wanton disregard of Plaintiff’s safety when he collided with her
- [Fort Worth Business Court Dismisses Some Claims Arising from LLC Company Agreement, Stays Others Pending Arbitration](https://tcjl.com/fort-worth-business-court-dismisses-some-claims-arising-from-llc-company-agreement-stays-others-pending-arbitration/) - Taking up a case arising out of the Business Organizations Code, the Fort Worth [Eighth Division] of the business court has applied Rule 91a to dispose of some claims and stayed the litigation pending arbitration over the plaintiff’s status as a member of the LLC. Jaime Tall, individually, and Jaime Tall, derivatively on behalf of
- [TCJL Final Bill Tracking Report 6-23-25](https://tcjl.com/tcjl-final-bill-tracking-report-6-23-25/) - TCJL Tracked Bill List 6.23.25 June 23, 2025 This list reflects final action. New actions are highlighted in red. TCJL PRIORITY BILLS New Causes of Action Tort Liability Construction Law Freedom to Contract Health Care Liability Judicial Matters/Practice of Law Eminent Domain Dobbs/SB 8/Obergefell/LGBTQ Landlord-Tenant Employment Law Workers’ Compensation Pandemic Liability/Emergency Powers Artificial Intelligence/Data
- [SCOTX Responds to Certified Question in Religious Freedom Case](https://tcjl.com/scotx-responds-to-certified-question-in-religious-freedom-case/) - In a case we first reported last September, the Texas Supreme Court has answered a certified question from the U.S. Fifth Circuit Court of Appeals calling for an interpretation of Article I, § 6-a, Texas Constitution, the “religious-service-protections” clause. Gary Perez; Matilde Torres v. City of San Antonio (No. No. 24-0714; June 13, 2025) arose from
- [SCOTX Rules That District Court, Not Workers’ Comp Division, Determines Whether Alleged Injury is Work-Related if Employee Didn’t File Claim Raising the Issue](https://tcjl.com/scotx-rules-that-district-court-not-workers-comp-division-determines-whether-alleged-injury-is-work-related-if-employee-didnt-file-claim-raising-the-issue/) - Affirming the Corpus Christi Court of Appeals, the Texas Supreme Court has held that district courts, rather than the Workers’ Compensation Division, have subject-matter jurisdiction over a determination of whether an injury is work-related for purposes of workers’ compensation. The University of Texas Rio Grande Valley v. Rita Oteka (No. 23-0167; June 13, 2025) arose
- [SCOTX to Review San Antonio Court of Appeals Decision Holding That Running, Jogging, and Walking Are Not Recreational](https://tcjl.com/scotx-to-review-san-antonio-court-of-appeals-decision-holding-that-running-jogging-and-walking-are-not-recreational/) - In a decision reminiscent of the Dallas Court of Appeals’ pronouncement that a tornado is not a windstorm, the Texas Supreme Court has granted the City of San Antonio’s petition for review of a San Antonio Court of Appeals decision that (mind-bogglingly) held that a jogger in a 5K in downtown San Antonio was not
- [SCOTX Splits 5-4 in Case Stemming from Service Dog Attack on Child](https://tcjl.com/scotx-splits-5-4-in-case-stemming-from-service-dog-attack-on-child/) - In a case we reported last October, the Texas Supreme Court has affirmed a Houston [1st] Court of Appeals determination that a claim against the physician based on the physician's letter regarding the suitability of a pit bull as a service animal was not a health care liability claim. Maurice N. Leibman, M.D. v. Cleveratta
- [Fort Worth Business Court [Eighth Division] Finds No Jurisdiction in Tortious Interference Case Involving Misappropriation of Trade Secrets](https://tcjl.com/fort-worth-business-court-eighth-division-finds-no-jurisdiction-in-tortious-interference-case-involving-misappropriation-of-trade-secrets/) - The Fort Worth business court [Eighth Division] has rejected an effort to remove to the court a case involving a dispute between a business and former employees over misappropriation of trade secrets and tortious interference with prospective business relationships. G-Force & Associates, Inc. v. Chad Bloecher, Chad Largent, and Primetech Automation, LLC (No. 25-BC08A-0003; 2025
- [SCOTX Agrees to Review Dallas Court of Appeals Decision Overturning Plaintiff’s Verdict Based on Trial Court’s Spoliation Charge](https://tcjl.com/scotx-agrees-to-review-dallas-court-of-appeals-decision-overturning-plaintiffs-verdict-based-on-trial-courts-spoliation-charge/) - The Texas Supreme Court has granted review of a Dallas Court of Appeals decision overturning a jury verdict and remanding for new trial based on the trial court’s spoliation charge. Ron Valk d/b/a Platinum Construction v. Copper Creek Distributors, Inc. and Jose Doniceth Escoffie (No. 24-0516; granted June 13, 2025) arose from a business relationship
- [Senate Version of Federal Tax Bill Imposes Tax on TPLF Proceeds](https://tcjl.com/senate-version-of-federal-tax-bill-imposes-tax-on-tplf-proceeds/) - Whatever one thinks about the policy of allowing huge hedge funds, some of which are foreign-owned, monetize our court system through third-party litigation funding (and we don’t think much of it), the United States Senate Finance Committee version of the federal tax bill takes the position that if we’re going to let people profit off
- [SCOTX Grants Review in Case Involving Constitutionality of Chapter 380 Economic Development Grant](https://tcjl.com/scotx-grants-review-in-case-involving-constitutionality-of-chapter-380-economic-development-grant/) - The Texas Supreme has granted a financial institution’s petition for review of a Waco Court of Appeals decision upholding the termination of a Chapter 380 economic development agreement. JP Morgan Chase Bank, N.A. v. City of Corsicana and Navarro County (No. 24-0102; No. 10-17-00316-CV; granted May 30, 2025) arose from a Chapter 380, Local Government
- [Justice Young Invites Reconsideration of SCOTX’s Interpretation of Tort Claims Act Jurisdictional Notice Requirement](https://tcjl.com/justice-young-invites-reconsideration-of-scotxs-interpretation-of-tort-claims-act-jurisdictional-notice-requirement/) - In an opinion concurring with the Texas Supreme Court’s denial of a petition for review, Justice Evan Young and three of his colleagues have called for a reconsideration of the Court’s jurisprudence around § 101.101, CPRC (Tort Claims Act). That section requires a claimant to give notice to a governmental entity prior to filing suit.
- [HB 3441 (Vaccine Advertising Ban) Faces Long Constitutional Odds Under SCOTUS First Amendment Jurisprudence](https://tcjl.com/hb-3441-vaccine-advertising-ban-faces-long-constitutional-odds-under-scotus-first-amendment-jurisprudence/) - As we reported numerous times this session, legislation was proposed and ultimately enacted imposing civil liability on a vaccine manufacturer for advertising a vaccine if the advertised vaccine “causes harm or injury to the individual.” HB 3441 directs a court to award a prevailing claimant actual damages and court costs and attorney’s fees. Setting aside
- [SCOTX: Chapter 21, Labor Code, Exclusive Remedy Does Not Extend to Tort Suits Against Other Employees](https://tcjl.com/scotx-chapter-21-labor-code-exclusive-remedy-does-not-extend-to-tort-suits-against-other-employees/) - The Texas Supreme Court has responded to a U.S. Fifth Circuit Court of Appeals certified question arising from an employee’s lawsuit against SMU University and other university employees alleging both statutory discrimination and common-law tort claims. In Cheryl Butler v. Jennifer M. Collins; Steven C. Currall; Roy P. Anderson; Julie P. Forrester; Harold Stanley; Paul Ward;
- [Last Chance to Register!  TCJL CLE on Biz Courts and Annual Meeting Luncheon on November 5, 2025](https://tcjl.com/annual-last-chance-to-register/) - TCJL Members & Friends: We have room for a few more at our CLE and Lunch program. Thanks to our sponsors, there is no charge for this event. The CLE program is open to non-lawyers as well. Please join us! TCJL 512-320-0474 info@tcjl.com TCJL 39th Annual Meeting 2025 Wednesday, November 5, 2025 Headliners Club 221
- [SCOTX to 5th Circuit: Texas Usury Law Requires Interest Calculation Using Actuarial Method](https://tcjl.com/scotx-to-5th-circuit-texas-usury-law-requires-interest-calculation-using-actuarial-method/) - In response to a certified question from the 5th Circuit, the Texas Supreme Court has ruled that Texas usury law requires use of the actuarial method to calculate whether an interest rate is usurious. American Pearl Group, L.L.C., a Texas Limited Liability Company; John Sarkissian; Andrei Wirth v. National Payment Systems, L.L.C. (No. 24-0759) arose
- [Be Patient With Us: SCOTX Opinions Coming Fast and Furious](https://tcjl.com/be-patient-with-us-scotx-opinions-coming-fast-and-furious/) - As you know, we are nearing the end of the Texas Supreme Court’s term, and the Court is cranking out numerous opinions on important matters each Friday. While we are getting to these cases pretty much as they are released, we try to limit our posts to one case a day. So, while it may
- [Dallas Business Court [First District] Finds Jurisdiction in Dispute Over Gas Gathering Contract Involving New Mexico Interests](https://tcjl.com/dallas-business-court-first-district-finds-jurisdiction-in-dispute-over-gas-gathering-contract-involving-new-mexico-interests/) - Continuing our tour of early business court opinions, we turn to a dispute before the Dallas business court [First Division] between a midstream pipeline and upstream operators over a gas gathering agreement. In Targa Northern Delaware, LLC v. Franklin Mountain Energy 2, LLC (n/k/a Coterra Energy Operating M LLC) and Franklin Mountain Energy, LLC (n/k/a
- [TCJL Files Brief in Premises Liability Case Expanding Liability of Owners/General Contractors](https://tcjl.com/tcjl-files-brief-in-premises-liability-case-expanding-liability-of-owners-general-contractors/) - In a case from the San Antonio Court of Appeals with significant negative consequences for property owners and general contractors, TCJL has filed an amicus brief urging the Texas Supreme Court to grant review and reverse the court of appeals. JMI Contractors, LLC v. Jose Manuel Medellin (No. 24-0846) arose from an injury accident at
- [SCOTX Rules That Tort Claims Act Waives Governmental Immunity for Negligence Per Se Claims](https://tcjl.com/scotx-rules-that-tort-claims-act-waives-governmental-immunity-for-negligence-per-se-claims/) - The Texas Supreme Court has ruled that the Texas Tort Claims Act’s waiver of governmental immunity for “negligence” includes a claim for injuries caused by “negligence per se.” City of Houston v. Chelsea Manning, Individually and as Next Friend of T.N., Aaliyah Mitchell, and Cierra Williams (No. 24-0428; May 23, 2025) arose from a collision
- [Divided SCOTX Reverses Sanctions Against Texas Attorney for Disciplinary Violations](https://tcjl.com/divided-scotx-reverses-sanctions-against-texas-attorney-for-disciplinary-violations/) - Over a pair of dissents, the Texas Supreme Court has overturned a Commission for Lawyer Discipline proceeding against a Texas lawyer for misconduct that occurred in an Illinois federal court. Nejla Kassandra Keyfli Lane v. Commission for Lawyer Discipline (No. 23-0956; June 6, 2025) arose from a 2014 divorce case in an Illinois court. Lane
- [Houston Business Court Considers Standard of Proof for Separate Attorney’s Eyes Only Designation in Protective Orders](https://tcjl.com/houston-business-court-considers-standard-of-proof-for-separate-attorneys-eyes-only-designation-in-protective-orders/) - The Houston-area business court [Eleventh Division] has issued an opinion setting out how to apply a balancing test to the question of (1) whether a protective order should have a separate “Attorney’s Eyes Only” designation, and (2) if so, whether the AEO information should be accessible to a party’s in-house counsel. This appears to be
- [Business Court [Eleventh Division] Transfers Venue in Action Involving Damage to Oil and Gas Wells](https://tcjl.com/business-court-eleventh-division-transfers-venue-in-action-involving-damage-to-oil-and-gas-wells/) - The Houston-based business court [Eleventh Division] has transferred venue of a declaratory judgment action to Loving County because the essence of the action involved damages to real property, not a contractual damage waiver with a venue-selection clause designating venue in Harris County. NGL Water Solutions, LLC v. Lime Rock Resources V-A, L.P., d/b/a Lime Rock
- [Believe in the Rule of Law? Then Prove It by Supporting Texas Supreme Court, 15th Court of Appeals, and Intermediate Appellate Justices in Their Campaigns](https://tcjl.com/believe-in-the-rule-of-law-then-prove-it-by-supporting-texas-supreme-court-15th-court-of-appeals-and-intermediate-appellate-justices-in-their-campaigns/) - We don’t usually do this sort of thing on this site, but the matter is too serious to pigeonhole somewhere else. If you looked at some of our posts during the legislative session and since then, you have seen us trying like hell to raise the alarm about the erosion of rule of law principles
- [TCJL Tracking Report 6-5-25](https://tcjl.com/tcjl-tracking-report-6-5-25/) - TCJL Tracked Bill List 6-5-25 QUICK HIGHLIGHTS Sunday, June 22: last day the governor can sign or veto bills. Offense bills supported Life of the Mother Pregnancy Complications SB 31 Sent to the Governor 5-27-25 Proxy Advisor SB 2337 Sent to the Governor 6-2-25 Produced Water HB 49 Produced Water Resource Page Sent to the Governor 5-28-25 All Payer Claims
- [The Texas Supreme Court Rules that 2003 Interlocutory Appeal Authority for Venue Determinations in Multiple-Plaintiff Cases Does Not Automatically Grant Appellate Jurisdiction](https://tcjl.com/the-texas-supreme-court-rules-that-2003-interlocutory-appeal-authority-for-venue-determinations-in-multiple-plaintiff-cases-does-not-automatically-grant-appellate-jurisdiction/) - The Texas Supreme Court has reversed a Dallas Court of Appeals decision (and eleven other court of appeals to go with it) that a 2003 amendment to the venue statutes granted interlocutory appellate jurisdiction over whether each plaintiff in a multi-plaintiff case independently established venue. Rush Truck Centers of Texas, L.P. and Blue Bird Body
- [Austin Court of Appeals Splits in Breach of Contract Case Raising Questions Regarding Contract Interpretation, Appellate Procedure](https://tcjl.com/austin-court-of-appeals-splits-in-breach-of-contract-case-raising-questions-regarding-contract-interpretation-appellate-procedure/) - A divided Austin Court of Appeals has reversed a judgment in a breach of contract case that the dissent argues raises significant contract interpretation and appellate procedure concerns. Camino Real Developers, LLC; Jack Dyer; and Dan Addante v. Tim Adkins and RivenRock, LLC (No. 03-23-00233-CV; April 30, 2025) arose from a business deal to develop
- [89th Legislature Jumps the Shark on New Causes of Action, Penalties](https://tcjl.com/89th-legislature-jumps-the-shark-on-new-causes-of-action-penalties/) - When we last reported on this subject right after the March 21 filing deadline, we were staggered by the sheer number of bills creating new or expanded legal duties, new causes of action, new or expanded civil and administrative penalties, new criminal penalties, new DTPA expansion, new statutory damages (including punitive damages), new attorney general
- [Houston [1st] Court of Appeals Reverses $1.5 Million Judgment Against Manufacturer](https://tcjl.com/houston-1st-court-of-appeals-reverses-1-5-million-judgment-against-manufacturer/) - The Houston [1st] Court of Appeals has reversed a significant judgment against a manufacturer in a personal injury case against the manufacturer’s subsidiary. Lippert Components, Inc. v. Quinton Williams (No. 01-22-00501-CV; May 1, 2025) arose from injuries allegedly suffered by Plaintiff (Williams) while working as a temporary worker at a facility owned and operated by
- [Dallas Court of Appeals Reverses $37 Million Judgment in Contract Dispute Involving Transportation and Delivery of Oil to Port of Corpus Christi](https://tcjl.com/dallas-court-of-appeals-reverses-37-million-judgment-in-contract-dispute-involving-transportation-and-delivery-of-oil-to-port-of-corpus-christi/) - In a case that combines the interplay of related transportation and terminal agreements executed in the days leading up to the COVID shutdown and consequent disruption of the energy industry, the Dallas Court of Appeals has reversed a “nuclear” verdict against a midstream company. Medallion Pipeline Company, LLC v. ARM Energy Management LLC (No. 05-23-00446-CV;
- [Stop Proxy Advisor Conflicts - Support SB 2337/HB 4079](https://tcjl.com/stop-proxy-advisor-conflicts/) - Stop Conflicts of Interest by Proxy Advisors April 15, 2025 About 70-80 percent of the outstanding shares of U.S. publicly traded companies are owned by institutional investors, such as mutual funds, pension funds, hedge funds, and index funds. Individual investors account for the remainder. When it comes to voting on proposals affecting corporate decision-making, institutional
- [TCJL Bill Tracking Report 5-30-25](https://tcjl.com/tcjl-bill-tracking-report-5-30-25/) - TCJL Tracked Bill List 5.29.25 May 29, 2025 Quick Highlights Offense bills supported Life of the Mother Pregnancy Complications SB 31 Sent to the Governor Proxy Advisor SB 2337 Conference Committee Reported, on way to Governor Produced Water HB 49 Produced Water Resource Page Sent to the Governor All Payer Claims Database (budget rider to
- [Legislature Sends Low-THC Product Ban to Governor (SB 3)](https://tcjl.com/legislature-sends-low-thc-product-ban-to-governor-sb-3/) - In what may be the largest single expansion of criminal law into people’s private lives in our state’s history, Texas is about to embark on a project to eradicate the use of THC products, even those containing trace levels of cannabinoids other than cannabidiol or cannabigerol. More details about SB 3 are given below, but
- [SCOTX Mandamuses Trial Court to Mexican Bus Wreck Case on Forum Non Conveniens Grounds](https://tcjl.com/scotx-mandamuses-trial-court-to-mexican-bus-wreck-case-on-forum-non-conveniens-grounds/) - The Texas Supreme Court has reversed the Dallas Court of Appeals and granted mandamus ordering a trial court to dismiss a wrongful-death case against Greyhound arising from an accident that occurred in central Mexico. In re Greyhound Lines, Inc. (No. 23-1035; May 23, 2025) stemmed from an accident involving a bus owned by Estrella Blanca,
- [SCOTX Reverses Houston [14th] Court of Appeals in Hurricane Harvey Flooding Case](https://tcjl.com/scotx-reverses-houston-14th-court-of-appeals-in-hurricane-harvey-flooding-case/) - The Texas Supreme Court has reversed a puzzling Houston [14th] Court of Appeals decision upholding a multi-million dollar judgment in a Hurricane Harvey flooding case in which Plaintiffs’ expert declined to opine that the design of Defendant’s manufacturing facility was a but-for cause of the flooding as opposed to two feet of rain. Tenaris Bay
- [SCOTX Decision on Nonprofit Health Organization Liability for Employee Physician Negligence Steers a Middle Course](https://tcjl.com/scotx-decision-on-nonprofit-health-organization-liability-for-employee-physician-negligence-steers-a-middle-course/) - In a case in which the Texas Medical Association and Texas Hospital Association have took opposing positions, the Texas Supreme Court has ruled that a nonprofit health organization may not be held vicarously liable for the torts of individual employee physician. Renaissance Medical Foundation v. Rebecca Lugo, Individually and as Next Friend of I.B. (No. 23-0607;
- [SCOTX Affirms Houston [14th] Court of Appeals Decision Compelling Arbitration in Personal Injury Suit Against Trampoline Park](https://tcjl.com/scotx-affirms-houston-14th-court-of-appeals-decision-compelling-arbitration-in-personal-injury-suit-against-trampoline-park/) - The Texas Supreme Court affirmed a Houston [14th] Court of Appeals decision that reversed a trial court order denying a trampoline park’s motion to compel arbitration in a personal injury action. As we originally reported last March, Abigail Dalila Cerna A/N/F of R.W. v. Pearland Urban Air, LLC (No. 24-0273; May 23, 2025) stemmed from an injury
- [SCOTX Reverses Multi-Million Judgment Against Midstream Pipeline Company in Breach of Natural Gas Transportation Agreement](https://tcjl.com/scotx-reverses-multi-million-judgment-against-midstream-pipeline-company-in-breach-of-natural-gas-transportation-agreement/) - In a case we first reported last fall, the Texas Supreme Court has reversed a Houston [1st] Court of Appeals split decision affirming a $6.1 million judgment against the pipeline company for breach of contract. [Note: You have to read to the end to understand what the photo has to do with the case.] American
- [House Approves Judicial Conduct Commission Restructuring (SJR 27), Substantial Judicial Compensation Increase (SB 293)](https://tcjl.com/house-approves-judicial-conduct-commission-restructuring-sjr-27-substantial-judicial-compensation-increase/) - Yesterday the House overwhelmingly approved SJR 27, which makes several important reforms to the membership and authority of the Judicial Conduct Commission and Texas Supreme Court. SJR 27 now returns to the Senate, which will consider whether to concur in the House amendments or request a conference committee. The House also passed SJR 27’s implementing
- [15th Court of Appeals Files Revised Opinion in TCEQ Permitting Case (Worth Reading!)](https://tcjl.com/15th-court-of-appeals-files-revised-opinion-in-tceq-permitting-case-worth-reading/) - The 15th Court of Appeals has withdrawn an opinion handed down in February in a TCEQ permitting case involving a terminal facility in Calhoun County. The court, however, reached the same conclusion, reversing a Travis County district court’s decision remanding the case to the TCEQ for a contested case hearing and affirming the TCEQ’s order
- [San Antonio Court of Appeals Reverses TC Order Denying Chapter 74 Motion to Dismiss Derivative Claims Pleaded After Expiration of Expert Report Deadline](https://tcjl.com/san-antonio-court-of-appeals-reverses-tc-order-denying-chapter-74-motion-to-dismiss-derivative-claims-pleaded-after-expiration-of-expert-report-deadline/) - The San Antonio Court of Appeals has reversed a Bexar County district court denial of health care providers’ Chapter 74 motion to dismiss for failure to timely serve an expert report. Tontiplaphol v. Urdiales, (No. 04-24-00433-CV; April 30, 2025) arose from the death of Plaintiffs’ mother, who died a few days after being admitted to
- [Tyler Court of Appeals Rules That Plaintiff Had No Standing to Bring Health Care Liability Claim](https://tcjl.com/tyler-court-of-appeals-rules-that-plaintiff-had-no-standing-to-bring-health-care-liability-claim/) - The Tyler Court of Appeals has affirmed an Anderson County district court order dismissing a health care liability claim for lack of standing. Margie Pearl Davis v. Palestine Principal Health Care Limited Partnership, Palestine-Principal G.P., Inc., Oluyemisi Akintunde, M.D., Oluyemisi Akintunde, M.D., P.A. (No. 12-24-00243-CV; April 16, 2025) arose from an unhappy set of circumstances.
- [AI Legislation Heads for Senate Floor (HB 149)](https://tcjl.com/ai-legislation-heads-for-senate-floor-hb-149/) - Legislation regulating the burgeoning artificial intelligence industry (not to mention anybody who deploys an AI system for use in the world) has advanced from the Senate Business & Commerce Committee and will presumably go to the Senate floor in short order. The Senate committee made only a few changes. Most significantly, insurers and federally insured
- [TCJL Bill Tracking Report 5-22-25](https://tcjl.com/tcjl-bill-tracking-report-5-22-25/) - TCJL Tracked Bill List 5.22.25 May 22, 2025 QUICK HIGHLIGHTS TCJL Priority and Major Supported Bills • Life of the Mother/Pregnancy Complications: SB 31 passed the House on 5-22 (second reading 12-6-10). SB 31 passed the Senate unanimously on 4-29 and passed House Public Health on 5-5-25. Latest Article: https://tcjl.com/life-of-the-mother-legislation-hits-house-floor-tomorrow-sb-31/ • Produced Water: HB 49
- [SCOTX Reverses Fort Worth Court of Appeals’ Decision Dismissing a Chapter 74 Health Care Liability Claim for Inadequate Expert Report](https://tcjl.com/scotx-reverses-fort-worth-court-of-appeals-decision-dismissing-a-chapter-74-health-care-liability-claim-for-inadequate-expert-report/) - By a 7-2 vote, the Texas Supreme Court has reversed a Fort Worth Court of Appeals decision dismissing a Chapter 74 claim against a hospital based on an inadequate expert report. As we first reported last June, Jared Bush, Jr. v. Colombia Medical Center of Arlington Subsidiary, L.P. d/b/a Medical City Arlington and HCA Inc.(No.
- [Beaumont Court of Appeals Upholds Sanctions Order Against Prominent GOP Attorney](https://tcjl.com/beaumont-court-of-appeals-upholds-sanctions-order-against-prominent-gop-attorney/) - The Beaumont Court of Appeals has upheld a Montgomery County district court order sanctioning former Harris County GOP Chair and unsuccessful House candidate Jared Woodfill for failure to respond to discovery requests in suit against a hospital. Tom Reed and Jared Woodfill v. The Methodist Hospital d/b/a The Methodist Hospital System, and the Medical Staff
- [Dallas Court of Appeals Reverses $1.8 Million Judgment Against Oil Well-Servicing Company](https://tcjl.com/dallas-court-of-appeals-reverses-1-8-million-judgment-against-oil-well-servicing-company/) - The Dallas Court of Appeals has reversed a $1.8 judgment against a well-servicing company arising from injuries to another contractor’s employee during a test of the integrity of the well’s tubing. Well-Pro Services, L.P. v. Ramon Torres (No. 05-23-00773-CV; April 30, 2025) arose from a workplace accident in which Plaintiff sustained injuries while employed by
- [SCOTX’s Recent Decision on UM/UIM Cases Bearing Fruit](https://tcjl.com/scotxs-recent-decision-on-um-uim-cases-bearing-fruit/) - In the first case we’ve seen since SCOTX decided In re State Farm Mut. Auto Ins. Co. (No. 24-0172; April 25, 2025), the Dallas Court of Appeals has given a Dallas county court at law “an opportunity to revisit its rulings, including the order granting sanctions because that ruling was based, at least in part,
- [SB 30 (Medical Damages) Advances from House JCJ](https://tcjl.com/sb-30-medical-damages-advances-from-house-jcj/) - By a 7-4 margin, the House Judiciary & Civil Jurisprudence Committee has advanced SB 30, which now deals solely with evidence of medical damages. During the discussion in committee this morning, Chairman Leach laid out a committee substitute. Once it was adopted, Rep. Moody outlined the provisions of a floor amendment that the bill's sponsor,
- [SCOTX Mandamuses Fort Worth Trial Court for Granting Death-Penalty Sanctions With No Basis in the Evidence](https://tcjl.com/scotx-mandamuses-fort-worth-trial-court-for-granting-death-penalty-sanctions-with-no-basis-in-the-evidence/) - The Texas Supreme Court has granted a trucking company’s petition for writ of mandamus to order a Fort Worth trial court to vacate its death-penalty sanctions order in what appeared to be a relatively minor discovery dispute. Had the order been upheld, the company would have faced what amounts to a default judgment for negligence
- [SCOTX Rules That if a Common Law Cause of Action for Negligent Hiring Even Exists, It’s Subject to the TCPA](https://tcjl.com/scotx-rules-that-if-a-common-law-cause-of-action-for-negligent-hiring-even-exists-its-subject-to-the-tcpa/) - The Texas Supreme Court has reversed a Houston [14th] Court of Appeals decision holding that the TCPA does not apply to a negligent hiring, training, and supervision claim. Walgreens v. Pamela McKenzie (No. 23-0955; May 16, 2025) arose from an incident at a Houston Walgreens store that took place in 2019. Plaintiff was shopping when
- [Life of the Mother Legislation Hits House Floor Tomorrow (SB 31)](https://tcjl.com/life-of-the-mother-legislation-hits-house-floor-tomorrow-sb-31/) - Legislation clarifying current law to ensure that a physician may treat a pregnant woman for a life-threatening condition before the condition becomes acute will hit the House floor tomorrow. It appears that SB 31 as it came over from the Senate has broad support among stakeholders. That doesn't mean, of course, that there won't be
- [Hearing Alert! FOR HB 49 by Darby-Perry re Produced Water Recycling](https://tcjl.com/hearing-alert-for-hb-49-by-darby-perry-re-produced-water-recycling/) - Senate Natural Resources 9:00, Wednesday, May 21, 2025 E1.012 Hearing Notice Video Link Please attend the hearing or send a representative to register FOR HB 49 Produced Water Liability HB 49 by Darby (R-San Angelo) and Senator Perry (R-Lubbock) HB 49 by Rep. Darby and SB 1399 by Sen. Perry specifies that a person who
- [Justices Sullivan, Busby Woodshed Parties Who File Petitions for Review, Settle, and Request Vacatur of Intermediate Appellate Court Opinions in Their Cases](https://tcjl.com/justices-sullivan-busby-woodshed-parties-who-file-petitions-for-review-settle-and-request-vacatur-of-intermediate-appellate-court-opinions-in-their-cases/) - In a concurring opinion to one of four cases in which settling parties asked the Texas Supreme Court to vacate appellate decisions by the Dallas, Corpus Christi, Eastland, and Beaumont Court of Appeals, Justice Sullivan, joined by Justice Busby, called upon litigants who settle their disputes after filing petitions for review and then ask the
- [SCOTX Rules for Surface Owner in Dispute with Salt Mining Company Over Ownership and Use of Underground Salt Caverns](https://tcjl.com/scotx-rules-for-surface-owner-in-dispute-with-salt-mining-company-over-ownership-and-use-of-underground-salt-caverns/) - The Texas Supreme Court, largely siding with the Corpus Christi Court of Appeals, has held that a 1947 conveyance of oil, gas, and other minerals did not transfer to the mineral owner ownership of or right to use (for storing oil and gas produced offsite) empty salt caverns created by the owner’s mining activties. Myers-Woodward,
- [Austin Court of Appeals Affirms TC Denial of City’s Plea to the Jurisdiction in Dog-Bite Case](https://tcjl.com/austin-court-of-appeals-affirms-tc-denial-of-citys-plea-to-the-jurisdiction-in-dog-bite-case/) - The Austin Court of Appeals has allowed a suit filed by a visitor to the city’s pet adoption center who was attacked and bitten by a dog on display at an adoption event and fundraiser. City of Austin v. Katherine Michelle Miller (No. 03-24-00385-CV; May 1, 2025) arose from a personal injury lawsuit brought by
- [TCJL Bill Tracking Report 5-16-25](https://tcjl.com/tcjl-bill-tracking-report-5-16-25/) - TCJL Tracked Bill List 5.15.25 May 15, 2025 Quick Highlights • Nuclear Verdicts: SB 30 substitute expected from House JCJ shortly. SB 30 passed the Senate on 4-16. HB 4806 heard in House JCJ this week. Nuclear Verdicts Resource Page ARTICLE: House JCJ Hearing on SB 30 • Eminent Domain: Chairman Gates is expected to offer a sub to
- [SCOTX Reverses Houston [14th] Court of Appeals Decision That Defendant Had Actual Notice of Judgment by Virtue of an Unopened Email](https://tcjl.com/scotx-reverses-houston-14th-court-of-appeals-decision-that-defendant-had-actual-notice-of-judgment-by-virtue-of-an-unopened-email/) - The Texas Supreme Court has reversed a Houston [14th] Court of Appeals decision holding that a defendant who received notice of judgment by email, when the former version of Rule 306a required the clerk to send notice by first-class mail, had actual knowledge of the judgment solely by reason of the unopened email sitting in
- [Business Court Clean-up Passes House (HB 40)](https://tcjl.com/business-court-clean-up-passes-house-hb-40/) - An apparently agreed version of the business court clean-up legislation, HB 40, has passed the House. The Senate version, SB 2883, has already been heard in Senate Jurisprudence. The agreed version is somewhat skinnier than the bill originally filed in the House (only a shell bill was filed in the Senate). Most significantly, HB 40
- [SCOTX Recognizes Public-Safety Officer's Rule in Home Depot Shooting Case](https://tcjl.com/scotx-recognizes-public-safety-officers-rule-in-home-depot-shooting-case/) - The Texas Supreme Court has reversed a Dallas Court of Appeals decision in a case stemming from a fatal shooting at a Dallas-area Home Depot in 2018. The facts of Chad Seward, Home Depot U.S.A., Inc., and Point 2 Point Global Security, Inc. v. Rogelio Santander Sr. and Julia Garcia, Individually and as Co-Administrators of the
- [SCOTX: TCPA Does Not Apply to Motions to Compel and for Sanctions](https://tcjl.com/scotx-tcpa-does-not-apply-to-motions-to-compel-and-for-sanctions/) - In an important decision for narrowing the scope of the Texas Citizens Participation Act (Ch. 27, CPRC), the Texas Supreme Court has held that the TCPA does not apply to a motion to compel discovery and for monetary sanctions for discovery abuses. In so doing the Court reversed decisions by the San Antonio and Austin
- [Waco Court of Appeals Affirms Rule 91a Dismissal of Plaintiff’s Claims Against Insurer in Dispute Over Policy Proceeds](https://tcjl.com/waco-court-of-appeals-affirms-rule-91a-dismissal-of-plaintiffs-claims-against-insurer-in-dispute-over-policy-proceeds/) - The Waco Court of Appeals has affirmed a Navarro County district court order dismissing claims against State Farm as without a basis in law and fact under Rule 91a, TRCP. Scarlett Robbins v. State Farm Life Insurance Company (No. 10-24-00047-CV; April 17, 2025) arose from a dispute over ownership of life insurance policies issued by
- [Corpus Christi Court of Appeals Affirms Denial of Nursing Home’s Motion to Dismiss Chapter 74 Claim for Inadequate Expert Report](https://tcjl.com/corpus-christi-court-of-appeals-affirms-denial-of-nursing-homes-motion-to-dismiss-chapter-74-claim-for-inadequate-expert-report/) - The Corpus Christi Court of Appeals has rejected a nursing home’s challenge to Plaintiff’s expert report on the basis that it did not attach the expert’s CV or otherwise contain sufficient detail regarding the expert’s professional credentials. Nexion Health at Kingsville, Inc. d/b/a Lone Star Ranch Healthcare and Rehabilitation Center; Nexion Health, Inc.; Nexion Health
- [SCOTX Rules That Civil Barratry Statute Does Not Apply to In-Person Solicitation of Clients in Other States On Behalf of Texas Attorneys](https://tcjl.com/scotx-rules-that-civil-barratry-statute-does-not-apply-to-in-person-solicitation-of-clients-in-other-states-on-behalf-of-texas-attorneys/) - The Texas Supreme Court has held that that the civil barratry statute does not have extraterritorial effect, reversing the Houston [1st] Court of Appeals. Michael A. Pohl v. Mark Kentrell Cheatham, Sr. (23-0045; May 9, 2025) arose from a civil barratry lawsuit filed by Arkansas and Louisiana residents against Texas lawyers and law firms who they
- [TCJL Bill Tracking Report 5-8-25](https://tcjl.com/tcjl-bill-tracking-report-5-8-25/) - TCJL Tracked Bill List 5.8.25 May 8, 2025 Quick Highlights • Nuclear Verdicts: SB 30 passed the Senate on 4-16. HB 4806 heard in House JCJ this week. Nuclear Verdicts Resource Page ARTICLE: House JCJ Hearing on SB 30 • Eminent Domain: SB 291 and 292 heard in LRM this week. Eminent Domain Resource Page • Public Nuisance: SB 779 and HB 3964 are now
- [Houston [14th] Court of Appeals Reverses TC Denial of Plea to the Jurisdiction in Suit Against Jones Hall Operator](https://tcjl.com/houston-14th-court-of-appeals-reverses-tc-denial-of-plea-to-the-jurisdiction-in-suit-against-jones-hall-operator/) - The Houston [14th] Court of Appeals has reversed a trial court determination that a personal injury claimant in a Texas Tort Claims Act lawsuit against the operator of Jones Hall in Houston met the evidentiary standard for waiving governmental immunity. Houston First Corporation v. Jess Valma (No. 01-24-00678-CV; April 1, 2025) arose from injuries allegedly
- [Apparently Uninvited OAG Lawyer Shows Up at House JCJ Hearing on SB 30 to Raise “Constitutional Questions”](https://tcjl.com/apparently-uninvited-oag-lawyer-shows-up-at-house-jcj-hearing-on-sb-30-to-raise-constitutional-questions/) - In one of the more bizarre moments in 40 years of our involvement in civil justice reform legislation, a representative of the Attorney General’s Office showed up uninvited to last night’s hearing on SB 30 to raise questions about the constitutionality of the bill. The witness cited two provisions of “concern,” the Open Courts provision
- [Houston [1st] Court of Appeals Rules for One Provider and Against Two Others in Chapter 74 Expert Report Case](https://tcjl.com/houston-1st-court-of-appeals-rules-for-one-provider-and-against-two-others-in-chapter-74-expert-report-case/) - The Houston [1st] Court of Appeals has concluded that a trial court order granting a 30-day extension to allow a health care liability claimant to cure deficiencies in her expert report was proper as to two defendants but improper as to a third. Methodist Hospital d/b/a Houston Methodist Hospital, Hemangshu Podder, MD, and Okechukwu Okidi,
- [SB 30: Cutting Through the Noise on Medical, Noneconomic Damages](https://tcjl.com/cutting-through-the-noise-on-sb-30/) - The load of misinformation about SB 30 currently inundating the Legislature not only falsely represents or distorts the actual language in the bill, but it wrongly accuses legislators who support the legislation of abandoning injured persons by eliminating causes of action and capping damages. It’s one thing to have a reasoned policy debate about these
- [SCOTX Rules that Franchisor Owes No Duty to Franchisee’s Customer for Criminal Act by Franchisee’s Employee](https://tcjl.com/scotx-rules-that-franchisor-owes-no-duty-to-franchisees-customer-for-criminal-act-by-franchisees-employee/) - The Texas Supreme Court has reversed a Houston [14th] Court of Appeals decision imposing a duty of reasonable care on a franchisor for a criminal act committed a franchisee’s employee where the franchisee had sole responsibility for hiring. Massage Heights Franchising, LLC v. Danette Hagman (No. 23-0996; May 2, 2025) arose from a sexual assault
- [SCOTX Rules That Non-Subscriber May Designate Responsible Third Parties in Action by Injured Employee](https://tcjl.com/scotx-rules-that-non-subscriber-may-designate-responsible-third-parties-in-action-by-injured-employee/) - The Texas Supreme Court has reversed a Tyler Court of Appeals opinion affirming a trial court order striking a nonsubscribing employer’s designation of responsible third parties in an employee’s suit alleging the employer’s negligence. In re East Texas Medical Center (No. 23-1039; April 25, 2025) arose from an employment dispute. Plaintiff, an emergency-department nurse, alleged
- [HEARING ALERT FOR Nuclear Verdicts HB 4806 - SB 30 on 5-7-25](https://tcjl.com/hearing-alert-for-nuclear-verdicts-hb-4806-sb-30-on-5-7-25/) - Support predictability in medical damages calculations Three action items for this bill. 1. Now through Wednesday: Please file a brief statement in support of HB 4806 on the House public comment portal https://comments.house.texas.gov/home?c=c330. This portal is open now and will close when the bill is heard on Wednesday. 2. VERY IMPORTANT: Wednesday morning beginning at
- [Hearing Alert AGAINST SB 291 and SB 292 Eminent Domain](https://tcjl.com/hearing-alert-against-sb-291-and-sb-292-eminent-domain/) - House Land & Resource Management 8:00, Thursday, May 8, 2025 E2.026 Hearing Notice Video Link Two action items requested. Both of these steps are important. 1. Now through Thursday: Please file a brief statement of opposition against each bill, SB 291 and SB 292, on the House public comment portal here: https://comments.house.texas.gov/home?c=c360This portal is open
- [TCJL Bill Tracking Report 5-1-25](https://tcjl.com/tcjl-bill-tracking-report-5-1-25/) - TCJL Tracked Bill List 5.1.25 May 1, 2025 Quick Highlights • Nuclear Verdicts: HEARING ALERT - Please drop a card in SUPPORT. SB 30 passed the Senate on 4-16. HB 4806 will be heard in House JCJ on 5-7-25 at 7am. Nuclear Verdicts Resource Page • Eminent Domain: HEARING ALERT - Please drop a card
- [Warning Signs for the Next Budget (2028-29)?](https://tcjl.com/warning-signs-for-the-next-budget-2028-29/) - With Governor Abbott signing the voucher legislation into law on Saturday, it might be worth looking toward the estimated future cost of the program. Here is the pertinent language from the fiscal note: For the 2026­-27 biennium, the bill would limit the amount that could be spent for purposes of the program to $1,000,000,000. Therefore,
- [SCOTX Grants Mandamus in String of Discovery Disputes in UIM Actions](https://tcjl.com/scotx-grants-mandamus-in-string-of-discovery-disputes-in-uim-actions/) - The Texas Supreme Court has conditionally granted writs of mandamus in multiple cases involving underinsured motorist case. But don’t let the unanimous decision fool you because four justices, including the Chief Justice, indicated in a concurring opinion that they would entertain a case to overrule Brainard v. Trinity Universal Insurance Co. and its progeny, of
- [Justice Gunn Urges Different Approach to Sufficiency Challenges to Attorney’s Fee Awards](https://tcjl.com/justice-gunn-urges-different-approach-in-sufficiency-challenges-to-attorneys-fee-awards/) - In a concurring opinion in an appeal involving a dispute over attorney’s fees, Justice David Gunn urged the intermediate courts of appeals to review the legal sufficiency of an attorney’s fee award based on the record rather than whether the statute authorizing the fee is mandatory or discretionary. Anh Doan Vo v. Alexander Nguyen (No.
- [SCOTX Reverses Dallas Court of Appeals in TCPA Case](https://tcjl.com/scotx-reverses-dallas-court-of-appeals-in-tcpa-case/) - In a case we first reported in January, 2024, the Texas Supreme Court has ruled that a trial court order granting a TCPA motion to dismiss past the 30-day statutory deadline did not prevent the trial court from revisiting its ruling under the court’s plenary power. First Sabrepoint Capital Management, L.P., Sabrepoint Capital Partners, LP,
- [TPLF: US Chamber Coalition Letter on H.R. 1109](https://tcjl.com/tplf-us-chamber-coalition-letter-on-h-r-1109/) - H.R.1109 - Litigation Transparency Act of 2025, 119th Congress (2025-2026) https://www.congress.gov/bill/119th-congress/house-bill/1109/text US Chamber Coalition Letter on H.R. 1109
- [Hearing Alert AGAINST HB 4256 Expansion of Antitrust Liability](https://tcjl.com/hearing-alert-against-hb-4256-expansion-of-antitrust-liability/) - Oppose Expansion of Antitrust Liability Please attend or send someone to sign a card AGAINST HB 4256. If you cannot attend the hearing or send someone to sign a card, you may enter public statements of opposition here: https://comments.house.texas.gov/home?c=c330 House Judiciary & Civil Jurisprudence 8:00, Wednesday, April 30, 2025 E2.030 Hearing Notice Video Link HB
- [Public Nuisance Legislation: What Does It Really Do?](https://tcjl.com/house-jcj-to-take-up-public-nuisance-legislation-today/) - The House Judiciary & Civil Jurisprudence Committee heard SB 779/HB 3964, the so-called “public nuisance” bill, on April 23. As you might expect, this bill cuts into the way governmental entities and some plaintiff’s lawyers attempt to leverage corporate defendants for bigger settlements in tort cases. Never mind that “public nuisance” doesn’t exist as a
- [Proposed Legislation Vastly Expands Antitrust Liability (HB 4256)](https://tcjl.com/proposed-legislation-vastly-expands-antitrust-liability-hb-4256/) - On Wednesday, the House Judiciary and Civil Jurisprudence Committee will hear HB 4256, which expands Texas antitrust law by rejecting the so-called “Illinois Brick Doctrine.” That doctrine, which Texas courts have followed for decades, provides that federal antitrust law does not permit indirect purchasers to assert antitrust claims and recover damages. Ill. Brick Co. v. Ill., 431
- [Corpus Christi Court of Appeals Affirms TC Denial of Motion to Dismiss Chapter 74 Health Care Liability Case](https://tcjl.com/corpus-christi-court-of-appeals-affirms-tc-denial-of-motion-to-dismiss-chapter-74-health-care-liability-case/) - Neonatology Consultants of Corpus Christi, PLLC; Alfonso M. Prado, M.D.; Miguel A. DeLeon, M.D.; Euming Chong, M.D.; Jie Guo, M.D.; Vallier C. Ojadi, M.D. v. Felix Moya and Serena Lee Barragan, Individually and as Next Friends of XXXX, A Minor (No. 13-23-00300-CV; December 12, 2024) arose from a medical malpractice claim in which Plaintiffs alleged
- [SCOTX Reverses Dallas Court of Appeals Decision Expanding Disability-Based Employment Discrimination Claims](https://tcjl.com/scotx-reverses-dallas-court-of-appeals-decision-expanding-disability-based-employment-discrimination-claims/) - The Texas Supreme Court has reversed a Dallas Court of Appeals opinion holding that an employee could pursue a Chapter 21 action for disability discrimination and retaliation against her employer even though she repeatedly denied having a disability. TCJL filed an amicus brief in the case because had the court of appeals opinion stood, it could have
- [15th Court of Appeals Rejects Constitutional Challenge to Diseased Deer Management Statute](https://tcjl.com/15th-court-of-appeals-rejects-constitutional-challenge-to-diseased-deer-management-statute/) - In a suit challenging the constitutionality of a statute that authorizes the Texas Parks and Wildlife Department to depopulate diseased breeder deer, the 15th Court of Appeals has reversed a trial court’s order denying the Texas Parks and Wildlife Department’s plea to the jurisdiction and granting a temporary injunction suspending the depopulation effort. Texas Parks
- [Houston [1st] Court of Appeals Affirms Dismissal of Barratry Suit Against Louisiana Law Firm for Want of Jurisdiction](https://tcjl.com/houston-1st-court-of-appeals-affirms-dismissal-of-barratry-suit-against-louisiana-law-firm-for-want-of-jurisdiction/) - The Houston [1st] Court of Appeals has affirmed a trial court order granting a Louisiana law firm’s special appearance in a barratry lawsuit. Wayne J. Adams, Bonnie Brown, Claude Britton, III, Curtis Davis, Carey D. Yazeed, Dwane Borel, James S. Dartez, Lloyd Cox and Lynda I. Jenkins, v. Tort Network, LLC D/B/A Velawcity (No. 01-24-00169-CV;
- [El Paso Court of Appeals Affirms Summary Judgment for Uber in Personal Injury Lawsuit](https://tcjl.com/el-paso-court-of-appeals-affirms-summary-judgment-for-uber-in-personal-injury-lawsuit/) - Guillermo Acosta and Jose Molina v. Uber Technologies, Inc. and Raiser, LLC (No. 08-24-00099-CV; February 28, 2025) arose from an auto accident involving an Austin-area Uber driver who collided with another vehicle, allegedly causing injuries to the riders Acosta and Molina. Plaintiffs sued Uber for direct and vicarious liability on several theories. Uber moved for
- [Beaumont Court of Appeals Reverses $25 Million Summary Judgment for Exxon Mobil in Coverage Dispute with Insurer](https://tcjl.com/beaumont-court-of-appeals-reverses-25-million-summary-judgment-for-exxon-mobil-in-coverage-dispute-with-insurer/) - The Beaumont Court of Appeals had reversed a $25 million summary judgment in favor of Exxon Mobil in a case in which Exxon’s OCIP provided workers’ compensation coverage for a contractor’s employees, triggering the exclusive remedy defense. Lexington Insurance Company v. Exxon Mobil Corporation and ExxonMobil Oil Corporation (No. 09-22-00174; April 3, 2025) arose
- [Tyler Court of Appeals Affirms TC Denial of Chapter 74 Motion to Dismiss](https://tcjl.com/tyler-court-of-appeals-affirms-tc-denial-of-chapter-74-motion-to-dismiss/) - The Tyler Court of Appeals has affirmed a trial court order denying a hospital’s motion to dismiss a health care liability claim for a deficient expert report. Quitman Hospital, LLC d/b/a UT Health Quitman v. W.S., A Minor by Duane Stuart, ANF (No. 12-24-00313; February 28, 2025) arose from a false imprisonment claim filed against
- [Why Bills That Expand Civil Penalties, New Rights of Action, and Attorney General Enforcement Authority Do Serious Damage to the Texas Civil Justice System and Business Climate](https://tcjl.com/why-bills-that-expand-civil-penalties-new-rights-of-action-and-attorney-general-enforcement-authority-do-serious-damage-to-the-texas-civil-justice-system-and-business-climate/) - We have reported at length this session about the explosion of bills proposing new or expanded civil penalties, private rights of action, and attorney general enforcement power. The number of such bills has increased tenfold since last session and account for nearly one in every eight bills filed this session (and there have been a
- [Corpus Christi Court of Appeals Tosses Suit Against Producer of “My 600-lb Life”](https://tcjl.com/corpus-christi-court-of-appeals-tosses-suit-against-producer-of-my-600-pound-life/) - Several participants in the popular (if somewhat grotesque) reality television show “My 600-lb Life” sued the production company for negligence, gross negligence, intentional infliction of emotional distress, promissory estoppel, and fraudulent inducement. They alleged that the producer had subjected them to abuse, including long filming days, having to eat food they didn’t want, telling them
- [TCJL Tracking Report 4-17-25](https://tcjl.com/tcjl-tracking-report-4-17-25/) - TCJL Tracked Bill List 4.17.25 Quick Highlights • Public Nuisance HEARING ALERT: SB 779 passed the Senate and HB 3964 is set for hearing in House JCJ on April 23. Please attend and sign a card FOR HB 3964. If you cannot attend the hearing or send someone to sign a card, you may enter
- [Hearing Alert FOR HB 3964 Public Nuisance](https://tcjl.com/hearing-alert-for-hb-3964-public-nuisance/) - Public Nuisance Please attend and sign a card FOR HB 3964. If you cannot attend the hearing or send someone to sign a card, you may enter public comments of support here: https://comments.house.texas.gov/home?c=c330 House Judiciary & Civil Jurisprudence 8:00, Wednesday, April 23, 2025 E2.030 Hearing Notice Video Link SB 779 by Middleton (R-Galveston)/HB 3964 by Vasut (R-Angleton): Adds
- [Tyler Court of Appeals Rejects Taxpayer’s Section 25.25 Challenge to Appraisal of Compressors](https://tcjl.com/tyler-court-of-appeals-rejects-taxpayers-section-25-25-challenge-to-appraisal-of-compressors/) - In another of a series of cases involving the application of the special appraisal provision for a dealer’s heavy equipment inventory to a lessor of natural gas compressors, the Tyler Court of Appeals has ruled in favor of an appraisal district that included compressors located in the county on the appraisal roll. J-W Power Company
- [SCOTX Affirms El Paso Court of Appeals Decision Upholding Application of TCEQ Water Degradation Standards](https://tcjl.com/scotx-affirms-el-paso-court-of-appeals-decision-upholding-application-of-tceq-water-degradation-standards/) - The Texas Supreme Court has affirmed an El Paso Court of Appeals decision rejecting an environmental organization’s challenge to TCEQ’s permitting standards for the discharge of treated wastewater. Save Our Springs Alliance, Inc. v. Texas Commission on Environmental Quality and The City of Dripping Springs (No. 23-0282; April 11, 2025) involved a 2025 permit application
- [15th Court of Appeals Throws Out Challenge to the 2023 Consitutional Amendment Election](https://tcjl.com/5th-court-of-appeals-throws-out-challenge-to-the-2023-consitutional-amendment-election/) - In Jane Nelson In Her Official Capacity as Secretary of State for the State of Texas v. Jarret Woodward and Heather Couchman (No. 15-24-00038-CV; April 3, 2025), the Austin Court of Appeals reversed the district court’s denial of the Secretary’s plea, concluding, as it did in a similar contest Nelson v. Eubanks, that Appellees lacked both
- [TEXANS PAY $1,725 MORE FOR GOODS AND SERVICES EVERY YEAR IN A LAWSUIT TAX: TALA](https://tcjl.com/texans-pay-1725-more-for-goods-and-services-every-year-in-a-lawsuit-tax/) - LAWSUITS TAKE TOLL ON TEXAS: TEXANS PAY $1,725 MORE FOR GOODS AND SERVICES EVERY YEAR IN A LAWSUIT TAX—HIGHER THAN NATIONAL AVERAGE March 25, 2025 Legislature Considering Bill to Address “Nuclear Verdicts,” Which Are Driving Up Consumer Costs in Texas AUSTIN, TEXAS–Texans pay an average of $1,725 more for goods and services every year as
- [Alarming Expansion in Public Nuisance Litigation Revealed by ATRA Report](https://tcjl.com/alarming-expansion-in-public-nuisance-litigation-revealed-by-atra-report/) - Alarming Expansion in Public Nuisance Litigation Revealed by ATRA Report Press Releases | March 25, 2025 From Social Media to Car Thefts, New Litigation Trends Threaten Entire Industries The American Tort Reform Association today released a report spotlighting new litigation trends and the expansive use of public nuisance in claims against social media companies, auto manufacturers and
- [Hearing Alert FOR HB 5067](https://tcjl.com/hearing-alert-for-hb-5067/) - 15th Court Jurisdiction Please attend the hearing or send a representative to sign a card FOR HB 5067 by Leach. House Judiciary & Civil Jurisprudence 8:00, Wednesday, April 16, 2025 E2.030 Hearing Notice Video Link HB 5067 by Leach (R-Plano): Clarifies that no civil notice of appeal filed in a trial court shall designate that it should
- [SCOTX to Hear Certificate of Merit Case in Which Plaintiff Avoided Limitations by Refiling an Already-Dismissed Claim](https://tcjl.com/scotx-to-hear-certificate-of-merit-case-in-which-plaintiff-avoided-limitations-by-refiling-an-already-dismissed-claim/) - The Texas Supreme Court has granted review of a San Antonio Court of Appeals’ decision affirming a trial court order reviving a plaintiff’s already-dismissed suit against an architectural firm. Studio E. Architecture and Interiors, Inc. v. Emily Lehmberg (No. 24-0286; granted April 4, 2025) arose from a homeowner’s 2016 lawsuit against Studio E for billing
- [Dallas Court of Appeal Reverses TC Denial of TCPA Motion to Dismiss in Sports Card Theft Case](https://tcjl.com/dallas-court-of-appeal-reverses-tc-denial-of-tcpa-motion-to-dismiss-in-sports-card-theft-case/) - Michael Joseph Bacsik v. Fred Britton, Charles Britton, and Autographs Ink, Inc. (No. 05-24-00934-CV; February 25, 2025) arose from a series of disputes over allegedly stolen sports trading cards. The problems began when Bacsik asked Fred Britton to value certain cards. When Fred returned the cards, Bacsik noticed that some were missing, including a Luka
- [SCOTX: Justice Jeff Boyd Retiring This Summer, Leaving Seat Open For Appointment](https://tcjl.com/justice-jeff-boyd-not-seeking-reelection/)
- [TCJL Bill Tracking Report 4-11-25](https://tcjl.com/tcjl-bill-tracking-report-4-11-25/) - This list is current through 5 p.m. on Thursday, April 10, 2025. New actions are in red. HEARING ALERT 15th Court Jurisdiction HB 5067 by Leach (R-Plano): Clarifies that no civil notice of appeal filed in a trial court shall designate that it should be assigned to the 15th Court of Appeals unless a matter being
- [SCOTX Reverses Dallas Court of Appeals in Dram Shop Case](https://tcjl.com/scotx-reverses-dallas-court-of-appeals-in-dram-shop-case/) - The Texas Supreme Court has reversed a Dallas Court of Appeals decision that overturned a trial court order granting summary judgment to a restaurant under the Texas Dram Shop Act. In a case upon which reported last October, Raoger Corporation v. Barrie Myers (No. 23-0662; April 11, 2025) involved the interpretation and application of § 2.02,
- [Corpus Christi Court of Appeals Grants Insurer’s Mandamus Petition Challenging TC Ruling Granting New Trial in UIM Case](https://tcjl.com/corpus-christi-court-of-appeals-grants-insurers-mandamus-petition-challenging-tc-ruling-granting-new-trial-in-uim-case/) - In re State Farm Mutual Automobile Insurance Company (No. 13-24-00162; February 26, 2025) from a dispute over underinsured motorist benefits. After suffering alleged injuries in a car accident, Plaintiff sued State Farm for declaratory relief and damages. Plaintiff settled her claims against the underinsured driver for policy limits of $30,000 and State Farm paid her
- [SCOTX Grants Review of Dallas Court of Appeal Ruling That a Tornado Is Not a "Windstorm"](https://tcjl.com/scotx-grants-review-of-dallas-court-of-appeal-ruling-that-a-tornado-is-not-a-windstorm/) - Last March we reported on a Dallas Court of Appeals decision holding that a homeowners insurance policy with a special deductible for damage caused by a “windstorm” does not apply to damage caused by a tornado. Last week, the Texas Supreme Court granted the insurer’s petition for review. Privilege Underwriters Reciprocal Exchange v. Jeff Mankoff
- [House Version of Judicial Pay Raise, Judicial Conduct Commission Reform Legislation Heard in Committee This Morning (HB 1761)](https://tcjl.com/house-version-of-judicial-pay-raise-judicial-conduct-commission-reform-legislation-heard-in-committee-this-morning-hb-1761/) - We recently reported on Senate passage of SB 293 by Sen. Huffman, which overhauls the Judicial Conduct Commission’s disciplinary process and, among other things, increases judicial compensation. This morning the House Judiciary & Civil Jurisprudence Committee heard the House companion, HB 1761 by Chairman Leach. The Chair laid out a committee substitute containing important additions
- [SCOTX Grants Review in Highway Contractor Liability Case](https://tcjl.com/scotx-grants-review-in-highway-contractor-liability-case/) - The Texas Supreme Court has granted a highway contractor’s petition for review of a Houston [14th] Court of Appeals holding that § 97.002, CPRC, which protects a contractor from liability if the contractor performs the work in substantial compliance with TxDOT’s contract documents, requires privity of contract with TxDOT. Third Coast Services, LLC & SpawGlass
- [Beaumont Court of Appeals Throws Out Case in Which Rumors of Plaintiff’s Death Were Greatly Exaggerated](https://tcjl.com/beaumont-court-of-appeals-throws-out-case-in-which-rumors-of-plaintiffs-death-were-greatly-exaggerated/) - In one of the strangest cases we’ve ever seen, the Beaumont Court of Appeals has finally put to rest a dispute over homeowner’s coverage that dragged out over five years and featured conflicting representations of whether the plaintiff was alive or not. Michael Mitchell v. USAA General Indemnity Company (No. 09-23-00042-CV; February 27, 2025) stemmed
- [SCOTX Reverses Austin Court of Appeals in Dispute Over Scope of APA’s Declaratory Judgment Provision](https://tcjl.com/scotx-reverses-austin-court-of-appeals-in-dispute-over-scope-of-apas-declaratory-judgment-provision/) - The Texas Supreme Court has reversed an Austin Court of Appeals decision throwing out a declaratory judgment action challenging the applicability of a rule requiring a possessor of radioactive material to obtain a license where a lienholder foreclosed on real property on which the previous owner abandoned the waste. Kensington Title-Nevada, LLC v. Texas Department
- [TCJL Tracked Bill List 4-3-25](https://tcjl.com/tcjl-tracked-bill-list-4-3-25/) - This list is current through 5 p.m. on Thursday, April 3, 2025. New actions are in red. TCJL PRIORITY BILLS New Causes of Action Tort Liability Construction Law Freedom to Contract Health Care Liability Judicial Matters/Practice of Law Eminent Domain Dobbs/SB 8/Obergefell/LGBTQ Landlord-Tenant Employment Law Workers’ Compensation Pandemic Liability/Emergency Powers Artificial Intelligence/Data Privacy Administrative Procedures
- [Nuclear Verdicts: Time to Revisit the Standards for Awarding Mental Anguish Damages?](https://tcjl.com/nuclear-verdicts-time-to-revisit-the-standards-for-awarding-mental-anguish-damages-2/) - by George Christian | Jan 12, 2022 The return of nuclear verdicts to Texas courts (and attorney television advertising) and the recently launched efforts of the medical malpractice plaintiff’s bar to convince the federal courts to strike down Texas’ cap on noneconomic damages in medical liability cases (which is likely to play out over several years) could potentially
- [AI Regulatory Legislation Clears House Committee](https://tcjl.com/ai-regulatory-legislation-clears-house-committee/) - A unanimous vote of the House Delivery of Government Efficiency Committee has sent much-discussed artificial intelligence regulatory legislation to the Calendars Committee. CSHB 149 makes reorganizes and makes significant changes from the filed version. Those changes are reflected in the following summary in bold. CSHB 149 by Capriglione (R-Southlake): Regulates the development and use of
- [Federal District Court Rules That ERISA Preempts Tennessee Statute Requiring Health Plans to Accept Any Willing Provider for Pharmacy Benefits](https://tcjl.com/federal-district-court-rules-that-erisa-preempts-tennessee-statute-requiring-health-plans-to-accept-any-willing-provider-for-pharmacy-benefits/) - A federal district court has ruled that an any-willing provider statute virtually identical to legislation currently proposed in Texas is pre-empted by ERISA. The U.S. Sixth Circuit Court of Appeals had previously reversed the court’s dismissal of the employer’s challenge to the statute on mootness grounds and directed the court to consider the merits of
- [Fort Worth Court of Appeals Rules in Favor of Denton County Voter Challenge to Transportation Bond Election](https://tcjl.com/fort-worth-court-of-appeals-rules-in-favor-of-denton-county-voter-challenge-to-transportation-bond-election/) - In an opinion that flatly contradicts a recent decision by the 15th Court of Appeals, the Fort Worth Court of Appeals has held that a small group of voters have standing to contest the outcome of a bond election. Sharon P. Jorolan, Logan B. Young, Michelle Pique, Maurice F. Johnson, Patricia Erway, and Lincoln Achilli
- [Dallas Court of Appeals Reverses Trial Court Denial of Defendant’s Special Appearance in Product Liability Case](https://tcjl.com/dallas-court-of-appeals-reverses-trial-court-denial-of-defendants-special-appearance-in-product-liability-case/) - The Dallas Court of Appeals has reversed a trial court denial of a German manufacturer’s special appearance in a product liability case arising out of the high-profile redevelopment of the Statler Hotel in Dallas. Aquatherm GmbH v. Commerce Statler Development, LLC and 1914 Commerce Leasing, LLC (No. 05-24-00795-CV; March 6, 2025) arose from the renovation
- [The Proper Role of Public Nuisance Lawsuits by Middleton SB 779](https://tcjl.com/the-proper-role-of-public-nuisance-lawsuits-by-middleton-sb-779/) - SB 779 by Middleton (R-Galveston)/HB 3964 by Vasut (R-Angleton): Adds Chapter 100C, Civil Practice & Remedies Code, to limit actions for damages or other relief based on common law public nuisance, whether asserted as a cause of action or an injury. Provides that a public nuisance claim is not cognizable if it seeks relief arising from: (1) an
- [Fort Worth Court of Appeals Rules for BNSF in Coverage Dispute Arising from Montana Asbestos Litigation](https://tcjl.com/fort-worth-court-of-appeals-rules-for-bnsf-in-coverage-dispute-arising-from-montana-asbestos-litigation/) - The Fort Worth Court of Appeals has ruled in favor of BNSF in a coverage and duty to defend dispute with Zurich arising from policies in effect from 1965 to 1974. Zurich American Insurance Company, As Successor By Merger to Maryland Casualty Company v. The Burlington Northern and Santa Fe Railway Company, As Successor to
- [HEARINGS ALERT! Bills Set for Hearing](https://tcjl.com/hearings-alert-bills-set-for-hearing/) - Bills of interest to TCJL members set for hearing next week. NUCLEAR VERDICTS Senate State Affairs 9:00, Monday, March 24, 2025 Senate Chamber Hearing Notice Video Link Please attend the hearing or send a representative to sign a card FOR SB 30 by Schwertner | et al. Relating to recovery of damages in civil actions. SB
- [TCJL Tracking Report 3-28-25](https://tcjl.com/tcjl-tracking-report-3-28-25/) - TCJL Tracked Bill List 3.27.25 March 27, 2025 This list is current through 5 p.m. on Thursday, March 27, 2025. SB 30 (medical/non-economic damages) will be heard in Monday, March 31, and and SB 1135 (trucking) the following day. TCJL PRIORITY BILLS New Causes of Action Tort Liability Construction Law Freedom to Contract Health
- [Beaumont Court of Appeals Mandamuses MDL Court to Dismiss Investor Entities from TPC Plant Explosion Case](https://tcjl.com/beaumont-court-of-appeals-mandamuses-mdl-court-to-dismiss-investor-entities-from-tpc-plant-explosion-case/) - The Beaumont Court of Appeals has in all likelihood closed the door on MDL plaintiffs’ attempts to hold various investor entities liable for a chemical plant explosion. In re First Reserve Management, L.P., First Reserve Corporation, L.L.C., FR XII Alpha AIV, L.P., FR XII-A Alpha AIV, L.P., FR Sawgrass, L.P., SK Sawgrass, LP, SK Capital
- [SCOTX Reverses Reverses Houston [1st] Court of Appeals in Regulatory Takings Case](https://tcjl.com/scotx-reverses-reverses-houston-1st-court-of-appeals-in-regulatory-takings-case/) - The Texas Supreme Court has cleared the way for a property owner to pursue a regulatory takings claim against the City of Houston for blocking a residential development on Lake Houston. The Commons of Lake Houston, Ltd. v. City of Houston, Texas (No. 23-0474; March 21, 2025) arose from changes to Houston city ordinances in
- [Austin Court of Appeals Upholds Sanctions Against Austin Developer](https://tcjl.com/austin-court-of-appeals-upholds-sanctions-against-austin-developer/) - The Austin Court of Appeals has affirmed a trial court order sanctioning Austin developer Natin Paul for violations of court orders concerning post-judgment asset reporting requirements in connection with an arbitration award against him. Natin Paul v. The Roy F. and Joann Coal Mitte Foundation (No. 03-23-00166-CV; March 13, 2025) arose from a lawsuit between
- [TCJL Tracking Report 3-21-25](https://tcjl.com/tcjl-tracking-report-3-21-25/) - TCJL Tracked Bill List March 21, 2025 New bills are in red. This list is current through 5 p.m. on Thursday, March 20, 2025. TCJL PRIORITY BILLS New Causes of Action Tort Liability Construction Law Freedom to Contract Health Care Liability Judicial Matters/Practice of Law Eminent Domain Dobbs/SB 8/Obergefell/LGBTQ Landlord-Tenant Employment Law Workers’ Compensation
- [HEARINGS ALERT! Set for Monday Morning](https://tcjl.com/hearings-alert/) - Several bills of particular interest to TCJL members are set for hearing today. Please consider attending the hearings or sending a representative to sign cards. Senate State Affairs 9:00, Monday, March 24, 2025 Senate Chamber Hearing Notice Video Link Please attend the hearing or send a representative to sign cards AGAINST SB 291 and SB 292 For
- [Recently Elected Dallas Court of Appeals Justice Calls Out Intentional Infliction of Emotional Distress Claims](https://tcjl.com/recently-elected-dallas-court-of-appeals-justice-calls-out-intentional-infliction-of-emotional-distress-claims/) - In a concurring opinion in a TCPA case (which will be separately reported), Justice Mike Lee, a newly-minted justice of the new-look Dallas Court of Appeals, has expressed his frustration with the “routine attempted use” of intentional infliction of emotional distress as a “gap-filling tort cause of action.” Concurring with Justice Smith’s opinion in Michael
- [Corpus Christi Court of Appeals Mandamuses Hidalgo County Trial Court in Venue Dispute](https://tcjl.com/corpus-christi-court-of-appeals-mandamuses-hidalgo-county-trial-court-in-venue-dispute/) - The Corpus Christi Court of Appeals has conditionally granted an energy services company’s petition for writ of mandamus ordering a Hidalgo County trial court to transfer venue in an employment dispute from Hidalgo to Tarrant County. In re Baseline Energy Services, LP and Baseline Services, LLC (No. 13-25-00001-CV; March 5, 2025) arose from an action
- [15th Court of Appeals Reverses Trial Court Order Remanding Permit Approved by TCEQ](https://tcjl.com/15th-court-of-appeals-reverses-trial-court-order-remanding-permit-approved-by-tceq/) - Texas Commission on Environmental Quality and Max Midstream, LLC v. San Antonio Bay Estuarine Waterkeeper, Texas Campaign for the Environment, and S. Diane Wilson (No. 15-24-00036-CV; February 27, 2025) arose from Max Midstream’s 2020 application to expand its minor source air permit to expand its terminal facility in Calhoun County. Several environmental groups opposed the
- [SCOTX Holds That 15th Court of Appeals Does Not Have General Statewide Jurisdiction](https://tcjl.com/scotx-holds-that-15th-court-of-appeals-does-not-have-general-statewide-jurisdiction/) - The Texas Supreme Court has resolved two disputes over the scope of the jurisdiction of the statewide 15th Court of Appeals. In both cases, the Court concluded that the 15th Court of Appeals does not have jurisdiction. Patrick Kelley and PMK Group, LLC v. Richard Homminga and Chippewa Construction Co., LLC (Misc. Docket No. 25-9014;
- [Plenty of Room for Negotiations Between House, Senate Versions of Business Court Expansion](https://tcjl.com/plenty-of-room-for-negotiations-between-house-senate-versions-of-business-court-expansion/) - Bills have now been introduced on both sides of the Capitol expanding the jurisdictional reach of the business courts and, most importantly for the judges, fixing an oversight in last session’s legislation that left those judges without the supplemental compensation afforded to their compatriots on district court benches. The House version, HB 40 by Rep.
- [Senate Links Judicial Pay Raise to Judicial Conduct Commission Reforms, Performance Standards](https://tcjl.com/220546-2/) - Throwing down something of a gauntlet, the Texas Senate passed legislation linking a much-needed and overdue judicial pay raise to a package of disciplinary reforms, including a requirement that judges produce quarterly timesheets detailing the amount of work they spent on their duties. SB 293 by Senate Finance Committee Chair Joan Huffman (R-Houston) amends Chapter
- [Lt. Gov. Dan Patrick Announces Second Round of Top 40 Priority Bills for the 2025 Legislative Session](https://tcjl.com/lt-gov-dan-patrick-announces-second-round-of-top-40-priority-bills-for-the-2025-legislative-session/) - AUSTIN – Lt. Gov. Dan Patrick issued this statement today upon announcing the second round of his top 40 priority bills for the 89th regular legislative session: “The Texas Senate has started the 89th regular legislative session at breakneck pace. We have already passed 10 of my top 40 priority bills over to the Texas
- [SCOTX Reverses Dallas Court of Appeals Decision Misapplying Anti-Fracturing Rule](https://tcjl.com/scotx-reverses-dallas-court-of-appeals-decision-misapplying-anti-fracturing-rule/) - In an accounting malpractice suit involving the Dallas Court of Appeals’ application of the “anti-fracturing rule” to a real-estate developer’s fraud and breach of fiduciary duty claims against his accountants, the Texas Supreme Court has reversed the court of appeals, holding that Plaintiff’s fraud claim was barred by the Rule, The Court held further that
- [Dallas Court of Appeals Rules for City of San Antonio in Premises Defect Case](https://tcjl.com/dallas-court-of-appeals-rules-for-city-in-premises-defect-case/) - In a case transferred from the San Antonio to the Dallas Court of Appeals for docket equalization purposes, the court reversed a trial court denial of the City of San Antonio’s motion for summary judgment on the basis of sovereign immunity. The City of San Antonio v. Drana Burch (No. 05-24-00078-CV; October 3, 2024) arose
- [Houston [1st] Court of Appeals Affirms Defense Summary Judgment in Premises Case](https://tcjl.com/220512-2/) - The Houston [1st] Court of Appeals has affirmed a Brazos County trial court's grant of summary judgment in favor of a College Station Ramada Inn in a slip-and-fall case. Richard Chalmers v. Prag Patel, Ramada College Station, Prag Patel d/b/A Ramada College Station, and Ramada Worldwide, Inc. (No. 01-23-00241-CV; January 30, 2025) arose from alleged
- [Houston [14th] Court of Appeals Applies Heck Doctrine to Dismiss Tort Claims Act Suit Against City](https://tcjl.com/houston-14th-court-of-appeals-applies-heck-doctrine-to-dismiss-tort-claims-act-suit-against-city/) - The Houston [14th] Court of Appeals has reversed a Harris County trial court’s denial of the City of Houston’s plea to the jurisdiction in a Texas Tort Claims Act case. City of Houston v. Randy Busby (No. 14-23-00228-CV; January 30, 2025) arose In 2020. Busby was operating a vehicle when he failed to yield for
- [Austin Court of Appeals Dismisses Challenge to 2021 Austin Camping Ordinance Without Prejudice](https://tcjl.com/austin-court-of-appeals-dismisses-challenge-to-2021-austin-camping-ordinance-without-prejudice/) - The Austin Court of Appeals has determined that business owners who challenged Proposition B, which made it a criminal offense for a person to sit, lie down, or camp in public areas. In Robert Mayfield, Laura North, Stuart Dupuy, and Bob Woody v. City of Austin, Texas, and T.C. Broadnax in his Official Capacity as
- [15th Court of Appeals Dismisses Jurisdiction Case](https://tcjl.com/15th-court-of-appeals-dismisses-jurisdiction-case/) - The 15th Court of Appeals has remanded a case to the Tarrant County business court on the basis that is has no jurisdiction over direct appeals from a remand order. ETC Field Services LLC f/k/a Regency Field Services, LLC v. TEMA Oil and Gas Company (No. 15-24-000124-CV; February 21, 2025) is one of several appeals
- [TCJL Tracked Bill List 3-14-25](https://tcjl.com/tcjl-tracked-bill-list-3-14-25/) - TCJL Tracked Bill List March 14, 2025 New bills are in red. This list is current through 5 p.m. on Thursday, March 13, 2025. The filing deadline is March 14, 2025. TCJL PRIORITY BILLS New Causes of Action Tort Liability Construction Law Freedom to Contract Health Care Liability Judicial Matters/Practice of Law Eminent Domain
- [Nuclear Verdicts Bill Introduced SB 30/HB 4806](https://tcjl.com/nuclear-verdicts-bill-introduced/) - Legislation aimed at reigning in medical and noneconomic damages has been filed. Senator Charles Schwertner (R-Georgetown) and Rep. Greg Bonnen (R-Friendswood) introduced SB 30 and HB 4806 on Thursday. The following is a summary of the legislation’s key provisions. We have also attached a copy of the filed version for those of you who
- [TCJL Tracked Bill List 3-7-25](https://tcjl.com/tcjl-tracked-bill-list-3-7-25/) - TCJL Tracked Bill List March 7, 2025 New bills are in red. This list is current through Thursday, March 6, 2025. TCJL PRIORITY BILLS New Causes of Action Tort Liability Construction Law Freedom to Contract Health Care Liability Judicial Matters/Practice of Law Eminent Domain Dobbs/SB 8/Obergefell/LGBTQ Landlord-Tenant Employment Law Workers’ Compensation Pandemic Liability/Emergency Powers
- [Texarkana Court of Appeals Affirms TC Denial of Motion to Transfer Venue in Multi-Fatality Trucking Case](https://tcjl.com/texarkana-court-of-appeals-affirms-tc-denial-of-motion-to-transfer-venue-in-multi-fatality-trucking-case/) - The Texarkana Court of Appeals has affirmed a Lamar County district court’s denial of a defendant’s motion to transfer venue in a trucking accident case involving several fatalities. Western Dairy, Transport, LLC; B&C Holdings Company, LLC; RK Hall, LLC; Arys Hotshot Service, LLC; WD Logistics LLC; Southwest Leasing, LLC; and Vicente Barcenas v. Lauren Nevil,
- [SCOTX Grants Review in Arbitration Agreement Dispute](https://tcjl.com/scotx-grants-review-in-arbitration-agreement-dispute/) - The Texas Supreme Court has granted review in a case out of the Houston [14th] Court of Appeals involving whether an arbitration agreement delegated arbitrability to the arbitrator. As we originally reported last March, Abigail Dalila Cerna A/N/F of R.W. v. Pearland Urban Air, LLC (No. 24-0273; granted January 31, 2025) stemmed from an injury
- [El Paso Court of Appeals Reverses Denial of UT El Paso’s Jurisdictional Plea in Employment Discrimination Case](https://tcjl.com/el-paso-court-of-appeals-reverses-denial-of-ut-el-pasos-jurisdictional-plea-in-employment-discrimination-case/) - The facts in The University of Texas at El Paso v. Gabriel Soriano (No. 08-24-00025-CV; January 29, 2025) are as follows. Gabriel Soriano was fired from his job as a maintenance worker at the University of Texas at El Paso (UTEP) and consequently filed suit with claims of gender discrimination, hostile work environment, and retaliation
- [HEARING ALERT: Oppose SB 1122 in Senate Health & Human Services 8:00a on Wednesday, March 5, 2025](https://tcjl.com/hearing-alert-oppose-sb-1122-in-senate-health-human-services-800a-on-wednesday-march-5-2025/) - Please attend the hearing or send a representative to sign a card AGAINST SB 1122 SB 1122 Texas Senate Health & Human Services Committee 8:00, Wednesday, March 5, 2025 Senate Chamber Hearing agenda Video Link The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily
- [SCOTX Grants Review in Venue Dispute Arising from Products Liability Claim Against Non-Manufacturer](https://tcjl.com/scotx-grants-review-in-venue-dispute-arising-from-products-liability-claim-against-non-manufacturer/) - The Texas Supreme Court has granted review in a venue dispute involving a products liability claim against a dealer that sold a school bus to a school district. Rush Truck Centers of Texas, L.P. and Blue Bird Body Company v. Sean Sayre and Tori Sayre, Individually and as Representative of the Estate of Emory Sayre,
- [TCJL Files Brief in Case Involving Ownership of Fluid Oil and Gas Waste](https://tcjl.com/tcjl-files-brief-in-case-involving-ownership-of-fluid-oil-and-gas-waste/) - Recently we reported on an El Paso Court of Appeals opinion (over a dissent) in Cactus Water Services, LLC v. COG Operating, LLC (No. 23-0676), which held that fluid oil and gas waste produced from oil and gas drilling activities belonged to the producer, not the surface owner. The Texas Supreme Court subsequently granted review
- [TCJL Tracking Report 2-28-25](https://tcjl.com/tcjl-tracking-report-2-28-25/) - TCJL Tracked Bill List February 28, 2025 New bills are in red. This list is current through Thursday, February 27, 2025. TCJL PRIORITY BILLS New Causes of Action Tort Liability Construction Law Freedom to Contract Health Care Liability Judicial Matters/Practice of Law Eminent Domain Dobbs/SB 8/Obergefell/LGBTQ Landlord-Tenant Employment Law Workers’ Compensation Pandemic Liability/Emergency Powers
- [SCOTX Holds That Filing with Court Clerk Means Filing with the Court](https://tcjl.com/scotx-holds-that-filing-with-court-clerk-means-filing-with-the-court/) - The Texas Supreme Court has answered the question of whether filing with a court clerk counts as filing “with the court.” In a per curiam opinion, SCOTX said that it does. In REME, L.L.C., A Texas Limited Liability Companty v. The State of Texas (No. 23-0707; February 21, 2025), the State began condemnation proceedings in
- [TCJL Tracking Report 2-21-25](https://tcjl.com/tcjl-tracking-report-2-21-25/) - TCJL Tracked Bill List February 21, 2025 New bills are in red. This list is current through Thursday, February 20, 2025. TCJL PRIORITY BILLS New Causes of Action Tort Liability Construction Law Freedom to Contract Health Care Liability Judicial Matters/Practice of Law Eminent Domain Dobbs/SB 8/Obergefell/LGBTQ Landlord-Tenant Employment Law Workers’ Compensation Pandemic Liability/Emergency Powers
- [SCOTX Grants Review in Produced Water Ownership Dispute](https://tcjl.com/scotx-grants-review-in-produced-water-ownership-dispute/) - In a case that could have a wide-ranging impact in the oil patch, the Texas Supreme Court will decide who owns produced water arising from a hydraulic fracking operation: the operator or the surface owner? Cactus Water Services, LLC v. COG Operating, LLC (No. 23-0676; granted January 31, 2025) arose from a dispute between COG,
- [SCOTX Responds to 5th Circuit Certified Question Regarding Interpretation of “Best Available Control Technology”](https://tcjl.com/scotx-responds-to-5th-circuit-certified-question-regarding-interpretation-of-best-available-control-technology/) - The Texas Supreme Court has responded to the U.S. Fifth Circuit Court of Appeals’ request for a state-law interpretation of the term “best available control technology” for purposes of the Texas Clean Air Act and TCEQ rules. Port Arthur Community Action Network v. Texas Commission on Environmental Quality; Jon Niermann, in his Official Capacity as
- [SCOTX Reverses Course, Grants Review in Default Judgment Case Involving Substitute Service on Secretary of State](https://tcjl.com/scotx-reverses-course-grants-review-in-default-judgment-case-involving-substitute-service-on-secretary-of-state/) - After declining to grant review last June, the Texas Supreme Court has granted a motion for rehearing filed by defendants who took a default judgment resulting from allegedly ineffective service by the Texas Secretary of State. Huffman Asset Management, LLC and Prairie Capital, LLC v. Maurice Colter and Ni-Ida Conter (No. 24-0205; rehearing granted January
- [SCOTX to 5th Circuit: Texas Defamation Law Applies to a Defendant Involved in Preparing Defamatory Publication](https://tcjl.com/scotx-to-5th-circuit-texas-defamation-law-applies-to-a-defendant-involved-in-preparing-defamatory-publication/) - The Texas Supreme Court has advised the U.S. Fifth Circuit Court of Appeals that Texas defamation law extends to a defendant whom the plaintiff cannot prove made a defamatory statement but can prove that the defendant was involved in its publication. Jane Roe v. Leighton Paige Patterson; Southwestern Baptist Theological Seminary (No. 23-40281; No. 24-0368, accepted
- [TCJL Tracking Report 2-14-25](https://tcjl.com/tcjl-tracking-report-2-14-25/) - TCJL Tracked Bill List February 14, 2025 New bills are in red. This list is current through Thursday, February 13, 2025. TCJL PRIORITY BILLS New Causes of Action Tort Liability Construction Law Freedom to Contract Health Care Liability Judicial Matters/Practice of Law Eminent Domain Dobbs/SB 8/Obergefell/LGBTQ Landlord-Tenant Employment Law Workers’ Compensation Pandemic Liability/Emergency Powers
- [Houston [1st] Court of Appeals Rules for Landfill in RRC Permitting Dispute](https://tcjl.com/houston-1st-court-of-appeals-rules-for-landfill-in-rrc-permitting-dispute/) - The Houston [1st] Court of Appeals has reversed a Travis County trial court decision that overturned a Railroad Commission order granting a permit to a landfill operator. In HR Martin County Landfill, LLC and the Railroad Commission of Texas v. John W. Mabee; Joseph Guy Mabee; J.E. and L.E. Mabee Foundation, Inc.; Edward Frank Kelton;
- [89th Legislature - Texas House Standing Committee Appointments](https://tcjl.com/89th-legislature-texas-house-standing-committee-appointments/) - Speaker Burrows releases committee assignments Deans of the House: Tom Craddick of Midland, Senfronia Thompson of Harris Speaker Pro Tem: Joe Moody of El Paso Agriculture & Livestock Appropriations Calendars Corrections Criminal Jurisprudence • S/C on Juvenile Justice Culture, Recreation & Tourism Delivery of Government Efficiency Elections Energy Resources Environmental Regulation General Investigating Higher Education
- [TCJL Files Brief in Case Interpreting the Cap on Supersedeas Bond Amount](https://tcjl.com/tcjl-files-brief-in-case-interpreting-the-cap-on-supersedeas-bond-amount/) - TCJL has filed an amicus curiae brief with the Texas Supreme Court in a critically important case involving the proper interpretation of § 52.006, CPRC, which caps the amount of a supersedeas bond at $25 million. As you may recall from our prior reports on the case, In re Greystar Development & Construction, LP; Gabriella
- [ERISA updates](https://tcjl.com/erisa-updates/) - The following documents are available on the TCJL ERISA resource page ERISA Joint Association letter to Governor 2-5-25 AG Opinion KP-0480 2-5-25 Re: ERISA ERISA logo letter 2-3-25 ERISA logo letter 10-31-2024 TCJL Brief in Response to RQ-0539-KP Re: ERISA May 22, 2024 TAHP Brief in Response to RQ-0539-KP Re: ERISA June 17, 2024 TAB
- [SCOTX Takes Pass on Truth as an Affirmative Defense to a Tortious Interference with Contract Claim](https://tcjl.com/scotx-takes-pass-on-truth-as-an-affirmative-defense-to-a-tortious-interference-with-contract-claim/) - The Texas Supreme Court has passed up a chance to decide whether truth is an affirmative defense to a claim for tortious interference with a contract. Inwood National Bank and Inwood Bancshares, Inc. v. D. Kyle Fagin, Individually and as Trustee and Beneficiary of the D. Kyle Fagin Qualified Subchapter S Trust (No. 24-0055; January
- [TCJL Tracking Report 2-7-25](https://tcjl.com/tcjl-tracking-report-2-7-25/) - TCJL Tracked Bill List February 7, 2025 New bills are in red. This list is current through Thursday, February 6, 2025. TCJL PRIORITY BILLS New Causes of Action Tort Liability Construction Law Freedom to Contract Health Care Liability Judicial Matters/Practice of Law Eminent Domain Dobbs/SB 8/Obergefell/LGBTQ Landlord-Tenant Employment Law Workers’ Compensation Pandemic Liability/Emergency Powers
- [SCOTX to Review Residual Fee Provision in Licensing Agreement for Hormone Replacement Therapy](https://tcjl.com/scotx-to-review-residual-fee-provision-in-licensing-agreement-for-intellectual-property/) - The Texas Supreme Court has granted review of a Fort Worth Court of Appeals decision declining to apply the Covenant Not to Compete Act to a contract provision requiring a licensee to pay a residual fee to a licensor after switching to a licensor’s competitor’s product. BioTE Medical, LLC v. John Carrozzella, MD, and JCMD
- [Dallas Court of Appeals Mandamuses Trial Court Denial of Defense Motion to Transfer Venue](https://tcjl.com/dallas-court-of-appeals-mandamuses-trial-court-denial-of-defense-motion-to-transfer-venue/) - The Dallas Court of Appeals has conditionally granted a writ of mandamus ordering a Dallas County Court at Law to abide by the Texas Tort Claims Act’s mandatory venue requirement. In re SPAN, Incorporated (No. 05-23-01071-CV; December 31, 2024) arose from a personal injury action filed against SPAN, a nonprofit corporation that provides rural public
- [Divided Fifteenth Court of Appeals Rules That State May Be Deposed](https://tcjl.com/divided-fifteenth-court-of-appeals-rules-that-state-may-be-deposed/) - A divided Fifteenth Court of Appeals has partially granted Google’s petition for a writ of mandamus to order trial courts in Midland and Victoria to compel the deposition of the State of Texas in enforcement actions against Google. In In re Google, LLC (No. 15-24-00087-CV; January 16, 2025), the State sued Google in Midland and
- [Austin Court of Appeals Reverses and Remands Class Certification Order in Dispute In Prompt Payment of Claims Act Dispute](https://tcjl.com/austin-court-of-appeals-reverses-and-remands-class-certification-order-in-dispute-in-prompt-payment-of-claims-act-dispute/) - In a decision maintaining the Texas Supreme Court’s aversion to the “certify now and worry later” approach to class-certification, the Austin Court of Appeals has reversed and remanded a Travis County trial court’s class-certification order, citing a failure to meet Rule 42(b)(3)’s predominance burden. Progressive County Mutual Insurance Company v. Brian Koetter and Elyssa Parven,
- [Houston [14th] Court of Appeals Holds That Presence of SARS-CoV-2 Virus on Insured Property Did Not Cause Direct Physical Loss or Damage](https://tcjl.com/houston-14th-court-of-appeals-holds-that-presence-of-sars-cov-2-virus-on-insured-property-did-not-cause-direct-physical-loss-or-damage/) - In another decision stemming from the COVID-19 pandemic, the Houston [14th] Court of Appeals has reversed a Harris County trial court judgment in favor of an insured who sued several carriers under an all-risks policy for damage caused by the virus. Lloyd’s Syndicate 1967 Subscribing to Policy B0180PG1922227, et al. v. Baylor College of Medicine
- [Governor Abbott Announces Emergency Items for 2025 Legislative Session](https://tcjl.com/governor-abbott-announces-emergency-items-for-2025/) - Governor Abbott announced seven emergency items during the 2025 State of the State Address on February 2. According to the Texas Constitution, the House and Senate can’t pass legislation during the first 60 days of a regular session except when either four-fifths of either chamber votes to suspend that rule, or if the governor declares
- [Dallas Court of Appeals Reverses TC Denial of Motion to Dismiss Health Care Liability Claim](https://tcjl.com/dallas-court-of-appeals-reverses-tc-denial-of-motion-to-dismiss-health-care-liability-claim/) - The Dallas Court of Appeals has reversed a trial court denial of a dentist’s motion to dismiss for failure to serve an expert report under § 74.351, CPRC. Lynn Dental Care and Brock Lynn, DDS, MS, PLLC v. Nylonda Jazz Sharnese (January 16, 2025; No. 05-24-01046-CV) arose from a dentist’s agreement to perform a
- [Dallas Court of Appeals Reverses TC Denial of TCPA Motion to Dismiss](https://tcjl.com/dallas-court-of-appeals-reverses-tc-denial-of-tcpa-motion-to-dismiss/) - In a straightforward application of the Texas Citizens Participation Act (TCPA), the Dallas Court of Appeals has reversed and remanded the trial court’s denial of a physician practice’s TCPA motion to dismiss after a former patient filed an unsuccessful complaint with the Texas Medical Board. High Risk Pregnancy Doctors, PLLC and Violetta Lozovyy, Appellants
- [TCJL, TLR File Joint Brief in Texarkana Court of Appeals in $300 Million Breach of Contract Case](https://tcjl.com/tcjl-tlr-file-joint-brief-in-texarkana-court-of-appeals-in-300-million-breach-of-contract-case/) - TCJL and Texans for Lawsuit Reform have submitted a joint brief to the Texarkana Court of Appeals in a breach of contract case in which a Harrison County district court entered judgment on a jury verdict for the plaintiff of $300 million. Plaintiff, Koninklijke KPN N.V. (“KPN”), filed a breach-of-contract case against Samsung Electronics
- [TCJL Tracking Report 1-31-25](https://tcjl.com/tcjl-tracking-report-1-31-25/) - TCJL Tracked Bill List January 31, 2025 New bills are in red. This list is current through Thursday, January 30, 2025. New Causes of Action Tort Liability Construction Law Freedom to Contract Health Care Liability Judicial Matters/Practice of Law Eminent Domain Dobbs/SB 8/Obergefell/LGBTQ Landlord-Tenant Employment Law Workers’ Compensation Pandemic Liability/Emergency Powers Artificial Intelligence/Data Privacy
- [Lt. Gov. Dan Patrick Announces First Round of Top 40 Priority Bills for the 2025 Legislative Session](https://tcjl.com/lt-gov-dan-patrick-announces-first-round-of-top-40-priority-bills-for-the-2025-legislative-session/) - January 29, 2025 AUSTIN – Lt. Gov. Dan Patrick issued this statement today upon announcing the first round of his top 40 priority bills for the 89th regular legislative session: “Thousands of bills are filed by Texas senators each session. Traditionally, bill numbers 1 through 20 have indicated the Lt. Governor’s priorities for the Senate.
- [New Cause of Action Tracker: 228 and Counting](https://tcjl.com/https-tcjl-com-new-cause-of-action-tracker/) - As you may recall, last session we waited until the March deadline for filing bills had passed before we tallied up the proposed new causes of action. We’re not waiting that long this session because a truly astonishing number of such bills have already been filed, and we still have 53 days to go before
- [Houston [14th] Court of Appeals Mandamuses Trial Court in Post-Judgment Discovery Dispute Over Domestication of a New York Judgment](https://tcjl.com/houston-14th-court-of-appeals-mandamuses-trial-court-in-post-judgment-discovery-dispute-over-domestication-of-a-new-york-judgment/) - In a multi-million dollar case concerning the application of anti-suit injunctions to domesticated final judgments, the Houston [14th] Court of Appeals has conditionally granted relator RDF Agent, LLC’s petition for writ of mandamus, finding the lower court abused its discretion by issuing a temporary injunction on post-judgment discovery after their plenary power had expired. In
- [Dallas Court of Appeals Affirms TCPA Dismissal](https://tcjl.com/dallas-court-of-appeals-affirms-tcpa-dismissal/) - The Dallas Court of Appeals has affirmed a trial court’s order dismissing a TCPA motion to dismiss as not timely filed. The facts of Hongyi Li, on Behalf of Veggies House, LLC, Appellant v. Sean Yunxuan Shiao (No. 05-23-00445-CV; December 31, 2024) are as follows. Li and Shiao owned Veggies House, LLC. On December 17, 2021,
- [TCJL Tracking Report 1-17-2025](https://tcjl.com/tcjl-tracking-report-1-17-2025/) - TCJL Tracked Bill List January 17, 2025 TCJL Priority Bills SB 779 by Middleton (R-Galveston): Adds Chapter 100C, Civil Practice & Remedies Code, to limit actions for damages or other relief based on common law public nuisance, whether asserted as a cause of action or an injury. Provides that a public nuisance claim is
- [TCJL Tracking Report 1-24-25](https://tcjl.com/tcjl-tracking-report-1-24-25/) - TCJL Tracked Bill List January 24, 2025 New bills are in red. This list is current through Thursday, January 23, 2025. New Causes of Action Tort Liability Construction Law Freedom to Contract Health Care Liability Judicial Matters/Practice of Law Eminent Domain Dobbs/SB 8/Obergefell/LGBTQ Landlord-Tenant Employment Law Workers’ Compensation Pandemic Liability/Emergency Powers Artificial Intelligence/Data Privacy
- [Corpus Christi Court of Appeals Affirms Judgment for Insurer in Hurricane Hanna Claim](https://tcjl.com/corpus-christi-court-of-appeals-affirms-judgment-for-insurer-in-hurricane-hanna-claim/) - Yolanda Gonzalez v. American National Lloyds Insurance Company (No. 13-23-00319-CV; December 19, 2024) arose from a claim for damage to an insured’s home resulting from Hurricane Hanna in July 2020. The insurer inspected the property shortly after the storm and assessed the damage at about $6,400 after depreciation, which was below the insured’s deductible. Following
- [TCJL to Support General Contractor’s Petition for Review in Appellate Decision Misapplying Express Negligence Rule](https://tcjl.com/tcjl-to-support-general-contractors-petition-for-review-in-appellate-decision-misapplying-express-negligence-rule/) - TCJL will file an amicus curiae brief in support of a general contractor’s petition for review of a Beaumont Court of Appeals decision that erroneously applied the express negligence rule to a narrow-form indemnity agreement. S&B Engineers & Constructors, Ltd. and Zurich American Insurance Company v. Scallon Controls, Inc. (No. 09-22-00261; May 23, 2024) arose
- [SCOTX Reverses Course, Grants Review in Federal Pre-emption Case Involving Railway Labor Act](https://tcjl.com/scotx-reverses-course-grants-review-in-federal-pre-emption-case-involving-railway-labor-act/) - The Texas Supreme Court has changed its mind and will review a case from the Dallas Court of Appeals concerning conflict pre-emption under the federal Railway Labor Act (RLA)(45 USC § 151a). The Boeing Company v. Southwest Airlines Pilots Association (SWAPA) On Behalf of Itself and its Members (No. 22-0631; rehearing granted January 10, 2025)
- [Texas Senate Committee Assignments](https://tcjl.com/220355-2/) - Patrick releases Texas Senate committee assignments
- [SCOTX Rules That Human Trafficking Case Against Facebook Does Not Share Commonality with Other Jane Doe Cases in MDL](https://tcjl.com/scotx-rules-that-human-trafficking-case-against-facebook-does-not-share-commonality-with-other-jane-doe-cases-in-mdl/) - The Texas Supreme Court has reversed a decision of the multidistrict litigation panel denying Facebook’s (now Meta Platforms, Inc.) motion to remand a lawsuit against it to an existing MDL involving claims arising from human trafficking. In re Jane Doe Cases (No. 23-0202; December 31, 2024) involves allegations that a human trafficker groomed Doe, using
- [SCOTX Remands 20-Year-Old Wrangle over Fraud, Legal Malpractice Claims for Third Trial](https://tcjl.com/scotx-remands-20-year-old-legal-malpractice-case-for-third-trial/) - In a case that increasingly resembles Jarndyce v. Jarndyce, the Texas Supreme Court has remanded a two-decades-old legal malpractice case for a third go around in the trial court. Henry S. Miller Commercial Company v. Newsom, Terry & Newsom, LLP and Steven K. Terry (No. 22-1143; December 31, 2025) arose from a fraud case brought by Nussbaum,
- [SCOTX Rules for Texas Tech in Age-Discrimination Case](https://tcjl.com/scotx-rules-for-texas-tech-in-age-discrimination-case/) - The Texas Supreme Court has held that the Texas Tech University Health Sciences Center-El Paso did not discriminate against an employee who was passed over for a new chief of staff position for a younger candidate. Texas Tech University Health Sciences Center-El Paso v. Loretta K. Flores (No. 22-0940; December 31, 2025) marked the second
- [Dallas Court of Appeals Rules That One-Size-Fits-All Liquidated Damages Clause in Employment Contract Constitutes an Unenforceable Penalty](https://tcjl.com/dallas-court-of-appeals-rules-that-one-size-fits-all-liquidated-damages-clause-in-employment-contract-constitutes-an-unenforceable-penalty/) - The Dallas Court of Appeals has ruled that an employment contract between a hospital and a nurse that stipulated the term of employment and contained a liquidated damages provision if the employee left before the end of the term constitutes an unenforceable penalty. Diana Garcia v. Dallas County Hospital District d/b/a Parkland Hospital (No. 05-23-01295;
- [Houston [1st] Court of Appeals Reverses Trial Court Denial of Defense Motions to Dismiss for Defective Certificates of Merit in Channelview Flooding MDL](https://tcjl.com/houston-1st-court-of-appeals-reverses-trial-court-denial-of-defense-motions-to-dismiss-for-defective-certificates-of-merit-in-channelview-flooding-mdl/) - In re Channelview Flooding Litigation (No. 01-22-00946-CV; December 31, 2024) arose from lawsuit brought by 125 property owners who allege that the construction of two crude oil pipelines in a utility corridor caused their properties to flood. CenterPoint Energy granted an easement to Oiltanking Houston, L.P. to build the pipelines in CenterPoint’s utility corridor in
- [Concurring Opinion in Fraud Case Questions Whether Fraud Without Aggravating Circumstances Justifies Punitive Damages](https://tcjl.com/concurring-opinion-in-fraud-case-questions-whether-fraud-without-aggravating-circumstances-justifies-punitive-damages/) - In an opinion concurring with the Houston [1st] Court of Appeals’ denial of en banc review in a fraud case, newly appointed Justice David Gunn, formerly a pre-eminent appellate lawyer with the firm Beck Redden, has raised the question of whether a showing of common fraud without aggravating circumstances justifies the award of punitive damages
- [TCJL Tracking Report 1-10-2025](https://tcjl.com/tcjl-tracking-report-1-10-2025/) - TCJL Tracked Bill List January 10, 2025 New bills since the last report are in RED New Causes of Action Tort Liability Construction Law Freedom to Contract Health Care Liability Judicial Matters/Practice of Law Eminent Domain Dobbs/SB 8/Obergefell/LGBTQ Landlord-Tenant Employment Law Workers’ Compensation Pandemic Liability/Emergency Powers Artificial Intelligence/Data Privacy Administrative Procedures Jury Matters Insurance Nullification
- [Proposed Legislation Would Create Expansive New Liability Exposure for Health Care Providers](https://tcjl.com/proposed-legislation-would-create-expansive-new-liability-exposure-for-health-care-providers/) - On April 5, 2023, we posted an analysis of several bills that expanded the liability of health care providers so significantly that we questioned whether the Legislature was undoing the immense progress Texas has made since 2003 in enhancing access to health care by placing rational limits on medical liability. Nearly two years on, at
- [Houston [1st] Court of Appeals Holds That Prompt Payment Act Does Not Apply to Contract Dispute Over Construction of a Natural Gas Processing Plant](https://tcjl.com/houston-1st-court-of-appeals-holds-that-prompt-payment-act-does-not-apply-to-contract-dispute-over-construction-of-a-natural-gas-processing-plant/) - The Houston [1st] Court of Appeals has wiped out a more than $20 million judgment against a midstream company in a case stemming from a contract dispute over the construction of a natural gas processing plant. Arrow Field Services, LLC v. Linde Engineering North America, Inc. (No. 01-23-00023-CV; December 17, 2024) arose from a contract
- [SCOTX Reverses Amarillo Court of Appeals in Shut-In Royalty Dispute](https://tcjl.com/scotx-reverses-amarillo-court-of-appeals-in-shut-in-royalty-dispute/) - The Texas Supreme Court has reversed an Amarillo Court of Appeals decision holding that an oil and gas lessee’s notation on a check reset the deadline for payment of a shut-in royalty that was made prior to the annual deadline established by the lease. Scout Energy Management, LLC, Scout Energy Group III, LP, Scout Energy
- [SCOTX Rules for Producer in Dispute Over Calculation of Non-Participating Royalty Interest](https://tcjl.com/scotx-rules-for-producer-in-dispute-over-calculation-of-non-participating-royalty-interest/) - The Texas Supreme Court has reversed a Corpus Christi Court of Appeals decision holding that the owner of a non-participating royalty interest did not convert his fixed interest into a floating one when he entered into a stipulation and cross-conveyance agreement with another royalty owner in a pooled interest. ConocoPhillips Company v. Kenneth Hahn (No. 23-0024;
- [Austin Court of Appeals Reverses Judgment Against Electric Co-op for Breach of Easement](https://tcjl.com/austin-court-of-appeals-reverses-judgment-against-electric-co-op-for-breach-of-easement/) - The Austin Court of Appeals has reversed a Hays County Court at Law judgment in favor of plaintiff landowners and rendered judgment for an electric co-op in a breach of easement case. Pedernales Electric Cooperative, Inc. v. Samuel S. White, Janette Barlow, Gregory Colon and Stephanie Colon (No. 03-22-00797-CV; December 11, 2024) arose from a
- [Recent Judicial Appointments](https://tcjl.com/recent-judicial-appointments/) - Benjamin Robertson, 226th Judicial District Court Tracy Sorenson, 278th Judicial District Court Emily Fisher, 306th Judicial District Court Terence Davis, 480th Judicial District Court (reappointment) Lori Ann DeAngelo, 495th Judicial District Court Robert "Bryan" Gantt, 471st Judicial District Court (reappointment) Caroline Dozier, 228th Judicial District Court Maggie Jaramillo. 458th Judicial District Court Lance Long, 183rd
- [SCOTX Reverses Course, Grants Mandamus in Discovery Dispute Involving Child Pornography](https://tcjl.com/scotx-reverses-course-grants-mandamus-in-discovery-dispute-involving-child-pornography/) - As we reported nearly a year ago, a deeply divided Texas Supreme Court lifted an emergency stay and denied the relator’s petition for a writ of mandamus to block a trial court order compelling her to turn over a video to opposing counsel’s lawyer that she asserts could expose her to federal criminal prosecution. After
- [TCJL 2025 Policy Statement - Key Legislative Priorities](https://tcjl.com/tcjl-2025-policy-statement-key-legislative-priorities/)
- [Governor Abbott Appoints Blacklock As Chief Justice, Sullivan As Justice Of The Supreme Court Of Texas](https://tcjl.com/governor-abbott-appoints-blacklock-as-chief-justice-sullivan-as-justice-of-the-supreme-court-of-texas/) - Governor Greg Abbott has appointed Jimmy Blacklock as Chief Justice and James P. Sullivan as Justice, Place 2, on the Supreme Court of Texas for terms set to expire on December 31, 2026. "With more than 35 years on the bench, Chief Justice Nathan Hecht is the state’s longest-serving Justice on the Supreme Court of
- [SCOTX Stays Yet Another UIM Case from Dallas Court of Appeals, this Time on a Sanctions Order](https://tcjl.com/scotx-stays-yet-another-uim-case-from-dallas-court-of-appeals-this-time-on-a-sanctions-order/) - For the twelfth time in the last year, the Texas Supreme Court has granted an emergency stay while it considers an insurer’s petition for writ of mandamus in an underinsured motorist case. This is the second mandamus petition in this case. The first (No. 24-0172; stayed March 8, 2024), arose from a Dallas county court
- [State Will Ask SCOTX to Review Austin Court of Appeals Decision Holding Recent Franchise Fee Statutes Unconstitutional](https://tcjl.com/state-will-ask-scotx-to-review-austin-court-of-appeals-decision-holding-recent-franchise-fee-statutes-unconstitutional/) - In an opinion that slipped in under the wire of the new 15th Court of Appeals’ exclusive jurisdiction over constitutional challenges, the Austin Court of Appeals has ruled that recent legislation consolidating the franchise fees paid by telecommunications and cable providers is unconstitutional. In the wake of the deregulation of the telecommunications industry in 1999,
- [Austin Court of Appeals Rules for Appraisal Districts in Gas Compressor Cases, Potentially Creating a Loophole in Tax Code Treatment of a Dealer’s Inventory of Heavy Equipment](https://tcjl.com/austin-court-of-appeals-rules-for-appraisal-districts-in-gas-compressor-cases-potentially-creating-a-loophole-in-tax-code-treatment-of-a-dealers-inventory-of-heavy-equipment/) - As we reported in June, energy companies that lease natural gas compressors won a significant victory for property owners when the Texas Supreme Court has ruled that § 25.25(c), Tax Code, motion to correct the appraisal roll is not precluded by a prior unsuccessful ARB protest. J-W Power Company v. Sterling County Appraisal District (No.
- [Austin Court of Appeals Affirms TC Denial of TCPA Motion to Dismiss in High-Profile Divorce Case](https://tcjl.com/austin-court-of-appeals-affirms-tc-denial-of-tcpa-motion-to-dismiss-in-high-profile-divorce-case/) - The Austin Court of Appeals has concluded that the TCPA does not apply to a breach of fiduciary claim brought against a San Antonio lawyer and his firm by a former client. Jason Murray Davis and Davis & Santos, P.C. v. Graham Weston, Carowest Land Ltd.; Graham Weston as Trustee for Countyline Land Trust; and
- [Appeal to 15th Court of Appeals Argues That the Court Has Same General Jurisdiction as Other Intermediate Appellate Courts](https://tcjl.com/appeal-to-15th-court-of-appeals-argues-that-the-court-has-same-general-jurisdiction-as-other-intermediate-appellate-courts/) - A party to a lawsuit in a Harris County district court has appealed the judgment in the case to the statewide 15th Court of Appeals, which was created by the Legislature in 2023 to hear, among other things, appeals involving the State of Texas, constitutional issues, and business court matters. So what, you might ask?
- [Sweeping AI Regulatory Bill Filed](https://tcjl.com/sweeping-ai-regulatory-bill-filed/) - As promised, legislation aimed at regulating the development and use of artificial intelligence systems has been added to the hopper for the 2025 session. HB 1709 closely tracks draft legislation that was circulated to stakeholders last month. As you may recall, TCJL offered detailed comments on that draft in hopes that significant changes would be
- [Ralph Wayne 1932-2024](https://tcjl.com/ralph-wayne-1932-2024/) - OBITUARY Ralph E. Wayne December 14, 1932 – December 19, 2024 To the great sadness of those who knew and loved him, Ralph E. Wayne passed away on December 19, 2024 in Austin, Texas. Ralph achieved remarkable milestones during a life that touched many bases and people. He was a businessman, civic leader, legislator, public servant, broadcaster
- [Proposed Legislation Takes Aim at AI Giants](https://tcjl.com/proposed-legislation-takes-aim-at-ai-giants/) - The biggest players in the artificial intelligence universe, such as Google, Meta, Apple, and Amazon, will have to give the attorney general access to their records to ensure compliance with a new AI regulatory law proposed by Senate State Affairs Chair Brian Hughes (R-Tyler). SB 668 adds Chapter 2003, Business & Commerce Code, to regulate
- [Happy New Year from Your Friends at TCJL!](https://tcjl.com/happy-new-year-from-your-friends-at-tcjl/)
- [Merry Christmas from Your Friends at TCJL!](https://tcjl.com/merry-christmas-from-your-friends-at-tcjl/)
- [SCOTX Grants Review in Collateral Estoppel Case Arising From Dismissal of Colorado Lawsuit on Basis of Personal Jurisdiction](https://tcjl.com/scotx-grants-review-in-collateral-estoppel-case-arising-from-dismissal-of-colorado-lawsuit-on-basis-of-personal-jurisdiction/) - The Texas Supreme Court has agreed to hear an interesting case from the Dallas Court of Appeals applying the doctrine of collateral estoppel to a jurisdictional ruling by a Colorado federal court. Farmland Partners, Inc. v. First Sabrepoint Capital Management, L.P., Sabrepoint Capital Partners, LP, Sabrepoint Capital Participation, LP, George Baxter, and Donald Marchiony (No.
- [SCOTX Grants Review in Case in which Trial Court Struck Non-Subscriber’s Designation of RPTs in Employee’s Negligence Suit](https://tcjl.com/scotx-grants-review-in-case-in-which-trial-court-struck-non-subscribers-designation-of-rpts-in-employees-negligence-suit/) - In a case we reported on early last spring, the Texas Supreme Court has granted review in a case in which the trial court struck a non-subscriber’s designation of responsible third parties in a negligence lawsuit brought by the non-subscriber’s employee. The Court previously issued an emergency stay in March. In re East Texas Medical
- [SCOTX Grants Review in $10 Billion Nuisance Case Against Electric Utilities](https://tcjl.com/scotx-grants-review-in-10-billion-nuisance-case-against-electric-utilities/) - The Texas Supreme Court will review a Houston [14th] Court of Appeals decision allowing a mass $10 billion nuisance suit against electric transmission and distribution utilities to proceed in a Harris County multidistrict litigation court. In November TCJL filed an amicus curiae brief in in support of the utilities’ petition for writ of mandamus. In In Re ONCOR
- [SCOTX Reverses Houston [14th] Court of Appeals in Important Excess Policy Case](https://tcjl.com/scotx-reverses-houston-14th-court-of-appeals-in-important-excess-policy-case/) - In August we reported that the Texas Supreme Court had granted review of a Houston [14th] Court of Appeals case in which the court rejected the insurer’s argument that an excess policy with a “following form” provision incorporating the terms and conditions of the primary policy clearly and unambiguously excluded defense costs. As we thought
- [Fort Worth Court of Appeals Mandamuses Trial Court That Failed to Hear Net-Worth Discovery Motion](https://tcjl.com/fort-worth-court-of-appeals-mandamuses-trial-court-that-failed-to-hear-net-worth-discovery-motion/) - Section 41.0115(a), CPRC, requires before a trial court may grant a net-worth discovery order upon motion of a party, it must notify the defendant and hold a hearing on the motion. This is precisely what the trial court in In re Madera Residential, LLC and Madera Residential, Ltd. (No. 02-24-00423-CV; October 21, 2024) failed to
- [Fort Worth Court of Appeals Reverses Insured’s Judgment in Lightning Strike Case](https://tcjl.com/fort-worth-court-of-appeals-reverses-insureds-judgment-in-lightning-strike-case/) - In one of the stranger cases we’ve seen in a while (which is saying a lot), the Fort Worth Court of Appeals has reversed a nearly $200,000 judgment against an insurer for contractual and extracontractual damages arising from an alleged lightning strike at the insured’s home. State Farm Lloyds v. John Hilmi (No. 02-23-00491-CV; October
- [TCJL Files Brief in Dram Shop Case](https://tcjl.com/tcjl-files-brief-in-dram-shop-case/) - On Monday TCJL filed an amicus curiae brief in an important case out of the Dallas Court of Appeals, Raoger Corporation v. Barrie Myers (No. 23-0662). The case involves the application of the Texas Dram Shop Act (Chapter 2, Alcoholic Beverage Code). As you may recall from our October 17 post, the Texas Supreme Court
- [SCOTX Reverses Amarillo Court of Appeals, Finds Chapter 74 Expert Reports Sufficient](https://tcjl.com/scotx-reverses-amarillo-court-of-appeals-finds-chapter-74-expert-reports-sufficient/) - Reversing the Amarillo Court of Appeals, the Texas Supreme Court has ruled that plaintiffs in a Chapter 74 health care liability case produced sufficient expert reports to defeat defendants’ motion to dismiss. Daniel Walker and Kristen Walker v. Baptist St. Anthony’s Hospital and Rhodesia Castillo, M.D. (No. 23-0100; December 13, 2024) arose from a brain
- [Special Court of Review Exonerates Harris County District Judge With 30 Mandamus Petitions for Failing to Rule on Motions](https://tcjl.com/special-court-of-review-exonerates-harris-county-district-judge-with-30-mandamus-petitions-for-failing-to-rule-on-motions/) - A special court of review consisting of three court of appeals justices who were defeated in the recent election has exonerated as Harris County district judge whom the State Commission on Judicial Conduct publicly reprimanded for willful and persistent conduct clearly inconsistent with the proper performance of her duties. The judge, 165th District Court Judge
- [Houston [14th] Court of Appeals Rules That Trial Courts Have No Inherent Authority to Award Post-Arbitration Attorney’s Fees](https://tcjl.com/houston-14th-court-of-appeals-rules-that-trial-courts-have-no-inherent-authority-to-award-post-arbitration-attorneys-fees/) - The Houston [14th] Court of Appeals has ruled that a trial court has no inherent authority to award post-arbitration attorney's fees to a claimant seeking to confirm an arbitration award. CPM of America, LLC v. Roberto Gonzalez (No. 14-23-00720-CV; October 31, 2024) arose from a construction defect dispute. When Roberto Gonzalez bought a home
- [SCOTX Holds That Homeowners Established Jurisdiction in Case Involving Irrigation District Effort to Collect Two-Decade-Old Assessments](https://tcjl.com/scotx-holds-that-homeowners-established-jurisdiction-in-case-involving-irrigation-district-effort-to-collect-two-decade-old-assessments/) - The Texas Supreme Court has reversed a Corpus Christi Court of Appeals decision upholding a trial court order dismissing homeowners' suit against an irrigation district for ultra vires actions under the Tax Code. In the case of Juana Herrera, Jose Lopez-Torres, Blanca Martinez, Juan Zamora, San Juanita Sosa, America Rios, Ruth Garza, Angel Perez Alanis,
- [SCOTX Mandamuses Trial Court Over Denial of Defendants’ Motion to Withdraw and Amend Requests for Admissions](https://tcjl.com/scotx-mandamuses-trial-court-over-denial-of-defendants-motion-to-withdraw-and-amend-requests-for-admissions/) - The Texas Supreme Court has reversed the Dallas Court of Appeals’ denial of defendants’ petition for writ of mandamus in a case in which the trial court refused to permit them to amend their responses to requests for admissions. In re Euless Pizza LP; SF, GP, Management, LLC; and Story Glen, Inc. (No. 23-0830; granted
- [Here We Go Again (and Again): SCOTX Stays Dallas Trial Court Order Compelling Deposition of Insurer's Corporate Representative Before Liability Established under UM/UIM Policy](https://tcjl.com/220241-2/) - For the eleventh time in the last year, the Texas Supreme Court has granted an emergency stay while it considers an insurer’s petition for writ of mandamus in an underinsured motorist case. As in the other three cases, In re State Farm Mutual Automobile Insurance Company and Melissa Linette Burris (No. 24-0972; granted November 22,
- [Legislation Filed to Overhaul Judicial Conduct Commission](https://tcjl.com/legislation-filed-to-overhaul-judicial-conduct-commission/) - Last session, the Legislature considered several proposals aimed at reforming the State Commission on Judicial Conduct, but nothing ultimately came of it. That could be a different story this session, however, as Sen. Joan Huffman (R-Houston), Sen. Royce West (R-Plano), and Rep. Jeff Leach (R-Plano) have introduced constitutional and statutory changes that would, among other
- [TCJL Files Brief in $10 Billion Mass Litigation Arising From Winter Storm Uri](https://tcjl.com/tcjl-files-brief-in-10-billion-mass-litigation-arising-from-winter-storm-uri/) - Today TCJL filed an amicus curiae brief in in support of the investor-owned transmission and distribution utilities’ petition for writ of mandamus in the ongoing Winter Storm Uri MDL in Harris County. In In Re ONCOR Electric Delivery Co. LLC; ONCOR Electric Delivery Co. NTU LLC; AEP Texas Inc.; American Electric Power Co.; Centerpoint Energy
- [Dallas Court of Appeals Reverses Multimillion Contract Damages Award](https://tcjl.com/dallas-court-of-appeals-reverses-multimillion-contract-damages-award/) - The Dallas Court of Appeals has reversed a multimillion dollar trial court judgment in a case involving an aborted sale of a Houston specialty grocery store. World Food Imports and KGF World Food Warehouse v. HHO United Group, as Assignee of Nihaya Qaddura and Sharid Choudhury (05-22-01160-CV; October 23, 2024) arose from a failed agreement
- [SCOTX Grants Review in Dispute Over Arbitration Agreement](https://tcjl.com/scotx-grants-review-in-dispute-over-arbitration-agreement/) - The Texas Supreme Court will hear oral arguments in September in a case likely to be of significant interest to TCJL members. Total E&P USA, Inc. v. MP Gulf of Mexico, LLC (No. 21-0028) involves, among other things, the interpretation of an arbitration provision in a contract between oil and gas producers that explicitly incorporates
- [On Remand from SCOTX, Dallas Court of Appeals Affirms TC Denial of Special Appearance to Taiwanese Company and CEO](https://tcjl.com/on-remand-from-scotx-dallas-court-of-appeals-affirms-tc-denial-of-special-appearance-to-taiwanese-company-and-ceo/) - After SCOTX reversed and remanded its initial decision finding that foreign defendants’ appeal of the denial of its special appearance, the Dallas Court of Appeals has ruled that a Dallas trial court has personal jurisdiction over the defendants based on the extent of their business activities in Texas. As you may recall, Warren Chen and
- [Secretary of State Promulgates Ballot Application Form for Judicial Candidates (HB 2384)](https://tcjl.com/secretary-of-state-promulgates-ballot-application-form-for-judicial-candidates-hb-2384/) - As you recall, HB 2384 directed the Texas Secretary of State to promulgate a form implementing the bill’s requirement that judicial candidates disclose certain information in their application for a place on the ballot. That information includes the candidate’s felony conviction status, any sanctions or censures by the State Commission on Judicial Conduct, any disciplinary
- [Applying Statutory Government Standards Defense, SCOTX Reverses Nuclear Verdict in Seatbelt Case](https://tcjl.com/applying-statutory-government-standards-defense-scotx-reverses-nuclear-verdict-in-seatbelt-case/) - The presumption of nonliability for products manufactured to meet or exceed mandatory federal safety standards, § 82.008, CPRC, is one of the cornerstones of the 2003 tort reform effort. This provision has come under repeated attack in product liability litigation around the state, especially in the context of motor vehicle accidents. In order to over
- [SCOTX Reverses Trial Court, Court of Appeals Sanctions Against Vexatious Litigant](https://tcjl.com/scotx-reverses-trial-court-court-of-appeals-sanctions-against-vexatious-litigant/) - In a case involving a sitting Travis County district judge and three former justices of the Austin Court of Appeals, the Texas Supreme Court has reversed a decision by the Austin Court of Appeals upholding a trial court order granting the judicial defendants relief from a vexatious litigant. Mary Louise Serafine v. The Honorable Karin
- [SCOTX Grants Review in Royalty Dispute in Second Go Around](https://tcjl.com/scotx-grants-review-in-royalty-dispute-in-second-go-around/) - After declining to review a Corpus Christi Court of Appeals’ decision in favor of a royalty owner, the Texas Supreme Court has agreed to hear a second decision from the same court arising from a dispute that arose on remand of the original case. ConocoPhillips Company v. Kenneth Hahn (No. 23-0024; granted June 21, 2024)
- [TCJL Tracking Report 12-5-24](https://tcjl.com/tcjl-tracking-report-12-5-24/) - New Causes of Action Tort Liability Construction Law Freedom to Contract Health Care Liability Judicial Matters/Practice of Law Eminent Domain Dobbs/SB 8/Obergefell/LGBTQ Landlord-Tenant Employment Law Workers’ Compensation Pandemic Liability/Emergency Powers Artificial Intelligence Administrative Procedures Jury Matters Insurance Nullification Civil Rights Procedure, Discovery, and Privilege Term Limits New Causes of Action HB 167 by Tepper (R-Lubbock):
- [SCOTX Kicks SB 8 Challenge Back to Austin Court of Appeals on Standing Issue](https://tcjl.com/scotx-kicks-sb-8-challenge-back-to-austin-court-of-appeals-on-standing-issue/) - In a case challenging the constitutionality of SB 8, the Texas Supreme Court has reversed and remanded to the Austin Court of Appeals to determine whether the plaintiffs have standing to sue. As you may recall, abortion and women’s health care providers have challenged the constitutionality of SB 8, the 2021 legislation that created a
- [DOJ: US Law Firms Receiving TPLF from Foreign NGOs Must Register as Foreign Agents](https://tcjl.com/doj-us-law-firms-receiving-tplf-from-foreign-ngos-must-register-as-foreign-agents/) - On November 18, 2024, the Department of Justice’s Foreign Agent Registration Act (FARA) Unit published a June 24, 2024 Advisory Opinion discussing whether a Foreign Non-Governmental Organization’s funding of U.S. litigation required the Law Firm representing a U.S. domestic NGO to register under FARA. As noted in an article authored by the US-based international law
- [SCOTX Grants Review in Dispute Over Ownership of Salt Dome Used for Hydrocarbon Storage](https://tcjl.com/scotx-grants-review-in-dispute-over-ownership-of-salt-dome-used-for-hydrocarbon-storage/) - 9-13-24 The Texas Supreme Court has granted review in a case from the Corpus Christi Court of Appeals raising the question of whether a mineral lessee owns subsurface caverns the lessee created in its salt mining operation. Myers-Woodward, LLC v. Underground Services Markham, LLC, and United Brine Pipeline Company, LLC (No. 13-20-00172; No. 22-0878; granted
- [New Cause of Action Tracker: 89th Legislature Picking Up Where the 88th Left Off](https://tcjl.com/new-cause-of-action-tracker-89th-legislature-picking-up-where-the-88th-left-off/) - As you may recall, during the 88th Legislative Session in 2023 legislators introduced a record number of bills creating or expanding private causes of action, imposing civil, criminal, or administrative penalties, and authorizing the recovery of attorney’s fees and costs for various types of actions. Many of those bills assigned enforcement duties to the attorney
- [Proposed Legislation Would Bar State Agencies from Considering Public Comments by Nonresident Individuals and Businesses](https://tcjl.com/proposed-legislation-would-bar-state-agencies-from-considering-public-comments-by-nonresident-individuals-and-businesses/) - Out-of-state entities accustomed to submitting public comments to state regulatory agencies in response to proposed rules or other matters calling for comments will be wasting their time if the Legislature enacts a proposal introduced earlier this week. SB 520 would require state agencies to adopt a priority system for considering public comments on matters legally
- [TCJL Comments on AI Bill Draft](https://tcjl.com/tcjl-comments-on-ai-bill-draft/) - TCJL submitted comments this week on Representative Gio Capriglione's AI bill draft, the Texas Responsible AI Governance Act (TRAIGA). All materials are posted on the AI resource page.
- [TCJL Legislative Tracking Report 11-20-24](https://tcjl.com/tcjl-legislative-tracking-report-11-20-24/) - Prefiling for the 89th Texas Legislature began on Tuesday, November 12, 2024. A total of 1,511 bills and resolutions were filed in the House and Senate on the first day, which is a new record. By contrast, 920 bills were filed on the first day of prefiling in 2022. It is interesting to note that
- [Beaumont Court of Appeals Mandamuses Trial Court for Issuing Sanctions Order for Discovery Abuses Without a Determination of a TCPA Motion to Dismiss](https://tcjl.com/beaumont-court-of-appeals-mandamuses-trial-court-for-issuing-sanctions-order-for-discovery-abuses-without-a-determination-of-a-tcpa-motion-to-dismiss/) - [et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″][et_pb_text admin_label=”Text”] In re Bruce L. Jamison (No. 09-21-00223-CV; October 24, 2024) arose from a nasty dispute associated with the involuntary windup of a luxury auto dealer in Montgomery County. Jamison’s client, Powers, applied to the trial court to windup the business but also asserted claims against several members of
- [SCOTX Holds Plaintiff Does Not Waive Right to Challenge Trial Court Order Striking Claims by Filing Amended Pleading](https://tcjl.com/scotx-holds-plaintiff-does-not-waive-right-to-challenge-trial-court-order-striking-claims-by-filing-amended-pleading/) - The Texas Supreme Court has reversed a Texarkana Court of Appeals decision holding that a plaintiff waived claims stricken by the trial court because her amended pleading omitted them. In the Estate of Billy Wayne Phillips, Deceased (No. 24-0366; November 1, 2024) from a dispute between daughters over their father’s estate. Decedent devised his estate
- [Houston [14th] Court of Appeals Enforces Rule 11 Agreement That Modified a Prior Arbitration Agreement](https://tcjl.com/houston-14th-court-of-appeals-enforces-rule-11-agreement-that-modified-a-prior-arbitration-agreement/) - Rotary Drillrigs International, S.A. DE C.V. v. Control Flow, Inc. (No. 14-23-00648-CV; August 13, 2024) arose from a contract dispute. Rotary Drillrigs sued Control Flow for negligence and breach of contract, alleging that it had not received more than $1.6 million in ordered items that it had paid for. Control Flow counterclaimed for breach of
- [Dallas Court of Appeals Reverses Multi-Million Dollar Jury Verdict Because Plaintiff Violated Fair Notice Pleading Standard](https://tcjl.com/dallas-court-of-appeals-reverses-multi-million-dollar-jury-verdict-because-plaintiff-violated-fair-notice-pleading-standard/) - The Dallas Court of Appeals has reversed a nearly $2 million judgment, $380,000 of which consisted of punitive damages, against two executives of a credit card processing company who allegedly defrauded a lender. Background The facts of Thomas A. “Kip” Hyde and Robert L. Winspear v. GACP Finance Co., LLC (No. 05-23-00873-CV; October 24,
- [Transmission and Distribution Utilities Seek Mandamus from SCOTX in Winter Storm Uri Cases](https://tcjl.com/transmission-and-distribution-utilities-seek-mandamus-from-scotx-in-winter-storm-uri-cases/) - The saga of the Winter Storm Uri litigation has once again come before the Texas Supreme Court, as the last defendants left standing in the case—the investor-owned transmission and distribution utilities (TDUs)—have petitioned the Court for a writ of mandamus ordering the MDL trial court to dismiss the remaining claims brought by thousands of plaintiffs
- [SCOTX Grants Review of Case Involving Fatal Shooting at Dallas Home Depot](https://tcjl.com/scotx-grants-review-of-case-involving-fatal-shooting-at-dallas-home-depot/) - The Texas Supreme Court has granted review of a Dallas Court of Appeals decision in a case stemming from a fatal shooting at a Dallas-area Home Depot in 2018. The facts of Chad Seward, Home Depot U.S.A., Inc., and Point 2 Point Global Security, Inc. v. Rogelio Santander Sr. and Julia Garcia, Individually and as
- [San Antonio Court of Appeals Reduces $4 Million Judgment in Breach of Contract Case to $1 Million, Remands $1.8 Million Attorney’s Fee Award](https://tcjl.com/san-antonio-court-of-appeals-reduces-4-million-judgment-in-breach-of-contract-case-to-1-million-remands-1-8-million-attorneys-fee-award/) - The San Antonio Court of Appeals has substantially reduced a multi-million judgment in a breach of contract case involving modification of a private aircraft. Gulf View Private Investment, Inc. f/k/a Whitesell International, Inc., Neil Whitesell, Vincent Constantino, Adam Arters, Innova Aerospace Service & Support, LLC and Sierra Industries, LLC v. GC System, A.S. (No. 04-23-00100-CV;
- [Houston [14th] Court of Appeals Affirms TC Attorney’s Fees Award under UDJA Despite Dismissing the Case Under Ecclesiastical Abstention Doctrine](https://tcjl.com/houston-14th-court-of-appeals-affirms-tc-attorneys-fees-award-under-udja-despite-dismissing-the-case-under-ecclesiastical-abstention-doctrine/) - Manohar Singh Mann, Narinder Singh Nagra and Bhupinder Singh v. Sikh National Center, Inc. (No. 14-23-00272-CV; filed August 1, 2024) arose from a dispute between the Sikh National Center (SNC) and the appellants over access to SNC’s bank accounts. SNC filed suit, alleging that SNC board members Mann and Nagra conducted a fraudulent election putting
- [Following SCOTX, Houston [14th] Court of Appeals Holds That Type A Economic Corporations Do Not Have Governmental Immunity](https://tcjl.com/following-scotx-houston-14th-court-of-appeals-holds-that-type-a-economic-corporations-do-not-have-governmental-immunity/) - The Houston [14th] Court of Appeals has ruled that Type A economic development corporations, although their liability is limited by statute, are not entitled to governmental immunity from suit. In Hitchcock Industrial Development Corp. v. Cressman Tubular Products Corp. (No. 24-0831; filed July 18, 2024) the question was whether Type A corporations created under the
- [SCOTX Grants Emergency Stay in Motion for New Trial Case Where Trial Court Set Aside a Final Judgment Based on Rule 11 Settlement Agreement](https://tcjl.com/scotx-grants-emergency-stay-in-motion-for-new-trial-case-where-trial-court-set-aside-a-final-judgment-based-on-rule-11-settlement-agreement/) - The Texas Supreme Court has granted a temporary stay pending consideration of a petition for writ of mandamus in a divorce case in which a trial court granted a party’s motion for new trial after the parties had reached a pair of Rule 11 settlement agreements. The facts of In Re David Michael Lance Cooke
- [SCOTX Denies Mandamus in Case Pitting Powerhouse Appellate Firms](https://tcjl.com/scotx-denies-mandamus-in-case-pitting-powerhouse-appellate-firms/) - In a case pitting appellate firms who are frequent flyers at the Texas Supreme Court, the Court has denied several defendants’ petition for writ of mandamus that claimed a series of procedural abuses by the trial court in a personal injury action. In re C&J Well Services, Inc.; C&J Well Services, Inc. d/b/a C&J Energy
- [TCJL Files Brief in Long-Arm Jurisdiction Case Involving Austrian Manufacturer](https://tcjl.com/tcjl-files-brief-in-long-arm-jurisdiction-case-involving-austrian-manufacturer/) - Yesterday TCJL filed an amicus curiae brief with the Texas Supreme Court in support of an Austrian aircraft-engine manufacturer’s petition for review. The case, BRP-Rotax GMBH & Co. KG v. Sheema Shaik and Touseef Siddiqui (No. 23-0756), arose from the crash of Piper aircraft when an engine manufactured by the company, based in Austria, allegedly
- [SCOTX Grants Review of Multi-Million Judgment Against Pipeline Company](https://tcjl.com/scotx-grants-review-of-multi-million-judgment-against-pipeline-company/) - The Texas Supreme Court has granted a pipeline company’s petition for review of a Houston [1st] Court of Appeals split decision affirming a $6.1 million judgment against the company for breach of contract. American Midstream (Alabama Intrastate), LLC v. Rainbow Energy Marketing Corporation (No. 01-20-00055-CV; No. 23-0384; granted October 18, 2024) arose from a dispute
- [Houston [1st] Court of Appeals Affirms TC Denial of Motion to Arbitrate in Case Involving Online Loan Application](https://tcjl.com/houston-1st-court-of-appeals-affirms-tc-denial-of-motion-to-arbitrate-in-case-involving-online-loan-application/) - Over an unfiled dissent, the Houston [1st] Court of Appeals has affirmed a trial court denial of a motion to arbitrate a dispute over a loan agreement where an online loan application contained an arbitration clause. Discovery Bank v. Marcus Miller (No. 01-23-00513-CV; August 29, 2024) arose from a loan agreement entered into between Discover
- [Houston [1st] Court of Appeals Enforces Arbitration Agreement in Dispute Over Agreement to Settle Employee’s Sexual Assault Claim](https://tcjl.com/houston-1st-court-of-appeals-enforces-arbitration-agreement-in-dispute-over-agreement-to-settle-employees-sexual-assault-claim/) - The Houston [1st] Court of Appeals has affirmed a trial court order compelling arbitration of an employee’s claim that her employer breached an agreement settling the employee’s claims involving a sexual assault by another employee. Jane Doe v. Occidental Petroleum Corp. (01-23-00196-CV; August 29, 2024) arose from a 2015 sexual assault of Doe by an
- [Houston [1st] Court of Appeals Reverses Class Certification Order](https://tcjl.com/houston-1st-court-of-appeals-reverses-class-certification-order/) - The Houston [1st] Court of Appeals has reversed a trial court order certifying a class action against a manufacturer of electronic valves for water filtration systems. Background The facts of Pentair Residential Filtration, LLC v. Paul Belsome, et al. (No. 01-23-00422-CV; August 30, 2024) are as follows. Pentair manufactures electronic valves that control the
- [Houston [14th] Court of Appeals Affirms Dismissal of Chapter 74 Malpractice Claim](https://tcjl.com/houston-14th-court-of-appeals-affirms-dismissal-of-chapter-74-malpractice-claim/) - Patricia Martin v. Methodist Health Centers d/b/a Houston Methodist Willowbrook and Diego C. Marines Copado, M.D. (No.14-23-00418-CV; filed July 16, 2024) arose from a medical malpractice claim based on the physician’s failure to timely diagnose rectal cancer, which eventually resulted in a perforated tumor. Plaintiff served an expert report opining that had the physician diagnosed
- [Governor Abbott Appoints Gunn To First Court Of Appeals](https://tcjl.com/governor-abbott-appoints-gunn-to-first-court-of-appeals/) - Governor Greg Abbott has appointed longtime appellate lawyer David Gunn to the First Court of Appeals, Place 4, for a term set to expire on December 31, 2026. Gunn replaces Justice April Farris, whom the Governor appointed to the new statewide 15th Court of Appeals. Justice Gunn is quite simply one of the best appellate
- [SCOTX Grants Review of Dallas Court of Appeals Decision Involving Texas Dram Shop Act](https://tcjl.com/scotx-grants-review-of-dallas-court-of-appeals-decision-involving-texas-dram-shop-act/) - The Texas Supreme Court has granted a restaurant’s petition for review of a Dallas Court of Appeals’ decision reversing a summary judgment in its favor. Raoger Corporation d/b/a Cadot Restaurant v. Barrie Myers (No. 05-21-00988-CV; No. 23-0662; granted September 27, 2024) arose from a 2018 car wreck in which Khan, who had earlier that evening
- [SCOTX Agrees to Hear Chapter 74 Case Involving Pit Bull Attack at Restaurant](https://tcjl.com/scotx-agrees-to-hear-chapter-74-case-involving-pit-bull-attack-at-restaurant/) - In a somewhat unusual case, the Texas Supreme Court has granted a physician’s petition for review of a Houston [1st] Court of Appeals determination that a claim against the physician based on the physician's letter regarding the suitability of a pit bull as a service animal was not a health care liability claim. Maurice N.
- [Houston [1st] Court of Appeals Rules TCPA Inapplicable to Breach of Fiduciary Duty Claim Against Law Firm](https://tcjl.com/houston-1st-court-of-appeals-rules-tcpa-inapplicable-to-breach-of-fiduciary-duty-claim-against-law-firm/) - The Houston [1st] Court of Appeals has reversed a trial court ruling dismissing an oil and gas producer’s breach of fiduciary duty lawsuit against a prominent Houston law firm. Stephen H. Dernick and David D. Dernick v. Foley & Lardner LLP, successor- in - interest to Gardere Wynne Sewell, LLP, Timothy Spear, James G. Munesteri,
- [SCOTX Mandamuses Trial Court That Compelled a Defendant to Produce Self-Incriminating Discovery in Violation of Fifth Amendment](https://tcjl.com/scotx-mandamuses-trial-court-that-compelled-a-defendant-to-produce-self-incriminating-discovery-in-violation-of-fifth-amendment/) - The Texas Supreme Court has ordered a trial court to vacate parts of an order granting a motion to compel a defendant’s response to interrogatories that would incriminate him in a separate criminal prosecution. In re Taylor Brock Peters (No. 23-0611; October 4, 2024) arose from a rear-end collision on the IH 35 access road
- [SCOTX Remands Case to Trial Court That Refused to Consider Responses to Summary Judgment Motions Filed a Day Late](https://tcjl.com/scotx-remands-case-to-trial-court-that-refused-to-consider-responses-to-summary-judgment-motions-filed-a-day-late/) - The Texas Supreme Court has held that a trial court abused its discretion when it denied a motion to file a response to a summary judgment tendered one day late where the attorney submitted an affidavit stating that a calendaring error caused the late filing. Georgia Verhalen and Cindy Verhalen v. Adriana Akhtar and Evan
- [TCJL, US Chamber Institute for Legal Reform, Lawyers for Civil Justice Respond to TPLF Opposition](https://tcjl.com/tcjl-us-chamber-institute-for-legal-reform-lawyers-for-civil-justice-respond-to-tplf-opposition/) - [et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″][et_pb_text admin_label=”Text”]September 25, 2024 TCJL, ILR and LCJ filed a letter with Judge Harvey Brown in response to the opposition letter by Hance Scarborough, representing the International Legal Finance Association (“ILFA”). See a comprehensive collection of TPLF documents on the TPLF resource page at https://tcjl.com/tplf-third-party-litigation-funding/ . Taking too long? Reload document
- [SCOTX Agrees to Hear TCPA Case Involving Motion for Discovery Sanctions](https://tcjl.com/scotx-agrees-to-hear-tcpa-case-involving-motion-for-discovery-sanctions/) - The Texas Supreme Court will hear a case raising the issue of whether a motion for discovery sanctions alleging that defendants improperly withheld certain evidence constitutes a “legal action” to which the Texas Citizens Participation Act (Ch. 27, CPRC) applies. Whataburger Restaurants LLC and Crystal Krueger v. Sadok Ferchichi and Martina Coronado (No. 04-22-00020-CV; No.
- [SCOTX Accepts Certified Question in Religious Freedom Case](https://tcjl.com/scotx-accepts-certified-question-in-religious-freedom-case/) - The Texas Supreme Court has accepted a certified question from the U.S. Fifth Circuit Court of Appeals calling for an interpretation of Article I, § 6-a, Texas Constitution, the “religious-service-protections” clause. Gary Perez; Matilde Torres v. City of San Antonio (No. 23-50746; No. 24-0714; accepted September 6, 2024) arose from the city’s development plan for
- [SCOTX Reverses $21 Million Judgment Against Defendant Who Was Not Noticed for Zoom Bench Trial](https://tcjl.com/scotx-reverses-21-million-judgment-against-defendant-who-was-not-noticed-for-zoom-bench-trial/) - The Texas Supreme Court, with palpable disgust, has reversed a Dallas Court of Appeals decision that upheld a $21.6 million judgment against a defendant who did not receive notice of a Zoom bench trial in his case until the day of trial. Richard Wade v. Luis Valdetaro and Vertical Computer Systems, Inc. (No. 23-0443; August
- [TCJL Files Amicus Brief in $100 Million Commercial Trucking Case](https://tcjl.com/tcjl-files-amicus-brief-in-100-million-commercial-trucking-case/) - 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 Association of Defense Counsel, American Trucking Association, Texas Trucking Association, Texas
- [SCOTX Grants Review in Nuclear Verdict Commercial Trucking Case](https://tcjl.com/scotx-grants-review-in-nuclear-verdict-commercial-trucking-case/) - 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 Estate of Brianna Blake (No. 23-0493). TCJL filed an amicus
- [Beaumont Court of Appeals Reverses Trial Court Denial of TCPA Motion to Dismiss and Accompanying Attorney’s Fees Award](https://tcjl.com/beaumont-court-of-appeals-reverses-trial-court-denial-of-tcpa-motion-to-dismiss-and-accompanying-attorneys-fees-award/) - 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 lawsuits. The first, a guardianship proceeding, was brought in September, 2020 by the son of
- [Divided El Paso Court of Appeals Holds That Chapter 74 Applies to Negligent Autopsy Claim](https://tcjl.com/divided-el-paso-court-of-appeals-holds-that-chapter-74-applies-to-negligent-autopsy-claim/) - 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 Campus v. Ashlee M. Balderrama and Alejandro J. Martinez (No. 08-23-00263-CV; August 16,
- [Dallas Court of Appeals Reverses Denial of Special Appearance in Fraud Case Involving Death of a Horse](https://tcjl.com/dallas-court-of-appeals-reverses-denial-of-special-appearance-in-fraud-case-involving-death-of-a-horse/) - In United States Eventing Association, Inc. v. Pegasus Eventing, LLC, Ellen Doughty-Hume, et. al. (No. 05-23-01287-CV; August 5, 2024), Plaintiff, a horse coach for an eventing company, sued USEA, alleging negligence, negligent misrepresentation, fraudulent misrepresentation, breach of fiduciary duty, and breach of contract. She also sought a declaratory judgment that USEA breached its contract to
- [Dallas Court of Appeals Reinstates Jury Verdict in Favor of Trinity Industries in Breach of Contract Dispute](https://tcjl.com/dallas-court-of-appeals-reinstates-jury-verdict-in-favor-of-trinity-industries-in-breach-of-contract-dispute/) - 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 breach of continuing contract claim. In Trinity Leasing Company v. Lattimore Materials Corp., (No. 05-23-00512-CV; July
- [Beaumont Court of Appeals Dismisses Private Investor Groups from Port Neches Plant Explosition MDL](https://tcjl.com/beaumont-court-of-appeals-dismisses-private-investor-groups-from-port-neches-plant-explosition-mdl/) - 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. 09-22-00159-CV; June 27, 2024) is the latest development in litigation stemming from a
- [Dallas Court of Appeals Reverses Rule 91a Dismissal of Suit Against Physician](https://tcjl.com/dallas-court-of-appeals-reverses-rule-91a-dismissal-of-suit-against-physician/) - 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 the treatment of Plaintiff, an 18 year-old patient at University Behavioral Health of Denton
- [Houston [14th] Court of Appeals Grants Mandamus Compelling Trial Court to Allow Health Care Providers Affirmative Defense Under the Pandemic Liability Protection Act](https://tcjl.com/houston-14th-court-of-appeals-grants-mandamus-compelling-trial-court-to-allow-health-care-providers-affirmative-defense-under-the-pandemic-liability-protection-act/) - 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 Protection Act. The underlying proceeding in In re Regency HIS of Brenham, LLC (No.
- [CenterPoint Files Motion to Transfer Hurricane Beryl Cases to MDL Court](https://tcjl.com/centerpoint-files-motion-to-transfer-hurricane-beryl-cases-to-mdl-court/) - On August 14, CenterPoint Energy filed a motion with the Multi-District Litigation Panel to transfer four lawsuits related to Hurricane Beryl to an MDL pretrial court. Each case seeks damages arising from the loss of power and alleged deficiencies in the transmission and distribution systems. Three of the cases are styled as class actions, while
- [Dallas Court of Appeals Rejects Restaurant’s Insurance Claim Based on COVID-19 Pandemic](https://tcjl.com/dallas-court-of-appeals-rejects-restaurants-insurance-claim-based-on-covid-19-pandemic/) - 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. Julio & Sons Company, et al. v. Continental
- [SCOTX Accepts Certified Question from Fifth Circuit in Negligent Undertaking Case Against Property Owner](https://tcjl.com/scotx-accepts-certified-question-from-fifth-circuit-in-negligent-undertaking-case-against-property-owner/) - 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. Rogelio Barron, et. al. v. United States of America (No. 24-0627; granted August 9, 2024) follows the
- [Austin Court of Appeals Rejects Constitutional Challenge to Workers’ Compensation Act](https://tcjl.com/austin-court-of-appeals-rejects-constitutional-challenge-to-workers-compensation-act/) - The Austin Court of Appeals has rejected an injured worker’s constitutional challenge to the Texas Workers’ Compensation Act. Normal Engel v. Texas Department of Insurance-Division of Workers’ Compensation; Commissioner Cassie Brown, in her Official Capacity; The State of Texas and the Attorney General of the State of Texas by and through Ken Paxton in His
- [SCOTX To Review Chapter 74 Expert Report Decision from Fort Worth Court of Appeals](https://tcjl.com/scotx-to-review-chapter-74-expert-report-decision-from-fort-worth-court-of-appeals/) - The Texas Supreme Court has granted review of a Fort Worth Court of Appeals decision dismissing a health care liability claim against an Arlington hospital based on an inadequate expert report. Jared Bush, Jr. v. Colombia Medical Center of Arlington Subsidiary, L.P. d/b/a Medical City Arlington and HCA Inc.(No. 23-0460; pet. granted June 21, 2024)
- [SCOTX Stays Another UIM Case In Which TC Refused to Sever and Abate and Quash Corporate Representative, Adjuster Depositions](https://tcjl.com/scotx-stays-another-uim-case-in-which-tc-refused-to-sever-and-abate-and-quash-corporate-representative-adjuster-depositions/) - The Texas Supreme Court has granted emergency relief staying depositions of an insurer’s corporate representative and adjuster in an underinsured motorist case in which the underinsured motorist’s liability has not been established. In re State Farm Mutual Automobile Insurance Company and Gregory Alan Scott (No. 24-0658; stayed August 14, 2024) has virtually identical facts to
- [SCOTX Declines to Review Commercial Coverage Dispute Between Chemical Manufacturer and Insurer](https://tcjl.com/scotx-declines-to-review-commercial-coverage-dispute-between-chemical-manufacturer-and-insurer/) - The Texas Supreme Court has taken a pass on a Houston [1st] Court of Appeals decision affirming a summary judgment order in favor of commercial and excess insurers in a multi-million dollar dispute with a chemical manufacturer. Westlake Chemical Corporation v. Berkley Regional Insurance Company and Zurich American Insurance Company (No. 23-0789; pet. denied June
- [San Antonio Court of Appeals Upholds Lawyer’s Suspension for Mishandling Client Funds](https://tcjl.com/san-antonio-court-of-appeals-upholds-lawyers-suspension-for-mishandling-client-funds/) - The San Antonio Court of Appeals has affirmed a trial court order suspending an attorney’s license for 18 months for mishandling client funds. Ruth v. Commission for Lawyer Discipline (No. 04-23-00122-CV; July 24, 2024) arose from a grievance filed by Ruth’s client stemming from his representation of her in a personal injury action. The suit
- [SCOTX Accepts Certified Question from 5th Circuit on Pre-emptive Effect of State Human Rights Act on Common-Law Tort Claims](https://tcjl.com/scotx-accepts-certified-question-from-5th-circuit-on-pre-emptive-effect-of-state-human-rights-act-on-common-law-tort-claims/) - The Texas Supreme Court has agreed to consider a U.S. Fifth Circuit Court of Appeals certified question arising from an employee’s lawsuit against SMU University and other university employees alleging both statutory discrimination and common-law tort claims. In Cheryl Butler v. Jennifer M. Collins; Steven C. Currall; Roy P. Anderson; Julie P. Forrester; Harold Stanley;
- [Houston [1st] Court of Appeals Mandamuses TC For Not Enforcing Forum Selection Clause](https://tcjl.com/houston-1st-court-of-appeals-mandamuses-tc-for-not-enforcing-forum-selection-clause/) - The Houston [1st] Court of Appeals has ordered a Harris County district court to dismiss a lawsuit based on a forum selection clause stipulating that disputes between the parties to a contract must be brought in North Carolina courts. In Re Apex Tool Group (No. 01-23-00780-CV; March 7, 2024) arose from a dispute between Relator,
- [Dallas Court of Appeals Affirms Summary Judgment for Insurer in Hailstorm Case](https://tcjl.com/dallas-court-of-appeals-affirms-summary-judgment-for-insurer-in-hailstorm-case/) - The Dallas Court of Appeals has affirmed a trial court order rejecting homeowners’ contractual and extracontractual claims against an insurer who properly paid the amount of the appraisal award and potential statutory interest pursuant to the policy. Michael Knopp and Sandra Rybicki-Knopp v. State Farm Lloyds (No. 05-22-00749-CV; July 30, 2024) arose from a dispute
- [San Antonio Court of Appeals Affirms TC Denial of Motion to Compel Arbitration in Personal Injury Case](https://tcjl.com/san-antonio-court-of-appeals-affirms-tc-denial-of-motion-to-compel-arbitration-in-personal-injury-case/) - Bite Entertainment, LLC d/b/a Urban Air South San Antonio; UATP Management, LLC d/b/a Urban Air Adventure Parks; UATP IP, LLC; UA Attractions, LLC; and Allen Van Brocklin v. Jason Rene Treviño Jr. and Cassandra Nicole Lara, Individually and as Next Frieds of J.T., a Minor (No. 04-23-00146-CV; April 3, 2024) arose from an accident in
- [Houston [14th] Court of Appeals Throws Out Adverse Possession Claim Involving Railroad Easement Conveyed to the State](https://tcjl.com/houston-14th-court-of-appeals-throws-out-adverse-possession-claim-involving-railroad-easement-conveyed-to-the-state/) - The State of Texas v. Miller Machine & Welding, Inc. (No. 14-23-00201-CV; May 7, 2024) arose from an adverse possession claim for title to part of a railroad right-of-way originally granted by a landowner to the Galveston, LaPorte and Houston Railway Company in 1895. The landowner’s property eventually was transferred to a Seabrook developer. In
- [Applying Dominant Jurisdiction Rule, Houston [1st] Court of Appeals Orders TC to Transfer Contract Case Involving Delivery of Contaminated Crude Oil to Midland County](https://tcjl.com/applying-dominant-jurisdiction-rule-houston-1st-court-of-appeals-orders-tc-to-transfer-contract-case-involving-delivery-contaminated-crude-oil-to-midland-county/) - In re Axis Energy Marketing, LLC (No. 01-23-00906-CV; April 23, 2024) arose from a pair of lawsuits stemming from the delivery of allegedly contaminated oil to a site in Midland County. Axis, which is in the business of sourcing crude oil, entered into an agreement with DK Trading & Supply LLC and Lion Oil Company
- [SCOTX Proposes New Rules Enhancing Access to Justice for Low-Income Texans](https://tcjl.com/scotx-proposes-new-rules-enhancing-access-to-justice-for-low-income-texans/) - Faced with a persistent and growing gap between the need for pro-bono legal services and the human and financial resources necessary to provide adequate representation for everyone who needs it, the Texas Supreme Court is proposing two new categories of non-lawyer licensure to help address the problem. The process was initiated by a letter from
- [Houston [1st] Court of Appeals Grants Mandmus Ordering TC in Commercial Vehicle Case to Permit Defense Neurological Expert to Examine Plaintiff](https://tcjl.com/houston-1st-court-of-appeals-grants-mandmus-ordering-tc-in-commercial-vehicle-case-to-permit-defense-neurological-expert-to-examine-plaintiff/) - In re First Transit, Inc. (No. 01-23-00619-CV; April 23, 2024) arose from a personal injury suit in which Plaintiff alleges injuries received in a collision between a First Transit bus and a City of Houston Truck. Plaintiff was on a lift carriage mounted on the truck repairing a traffic light when the collision occurred. Plaintiff
- [SCOTX Sides With Austin Court of Appeals, Says Trial Courts Can Hear Taxpayer Challenges to Validity of Agreements with Appraisal Districts](https://tcjl.com/scotx-sides-with-austin-court-of-appeals-says-trial-courts-can-hear-taxpayer-challenges-to-validity-of-agreements-with-appraisal-districts/) - The Texas Supreme Court has resolved a conflict between the Amarillo and Austin Courts of Appeals, affirming the Austin court’s holding that trial courts have jurisdiction to hear lawsuits challenging the validity of an agreement between a taxpayer and an appraisal district under § 1.111(e), Tax Code. That section allows a taxpayer who has filed
- [SCOTX Reverses Dallas Court of Appeals for Second Time in Chapter 95 Case Against Homebuilder](https://tcjl.com/scotx-reverses-dallas-court-of-appeals-for-second-time-in-chapter-95-case-against-homebuilder/) - In a case making its second appearance from the Dallas Court of Appeals, the Texas Supreme Court has for the second time reversed the court of appeals’ decision in a premises liability case. SCOTX had previously sent the case back for reconsideration in light of two recent decisions involving Chapter 95, CPRC. Weekley Homes, LLC
- [Corpus Christi Court of Appeals Holds That Claim Against Private Mental Health Facility for Leaving Minor Patient Asleep in Child-Locked Ban Not Subject to Chapter 74](https://tcjl.com/corpus-christi-court-of-appeals-holds-that-claim-against-private-mental-health-facility-for-leaving-minor-patient-asleep-in-child-locked-ban-not-subject-to-chapter-74/) - Texas Laurel Ridge Hospital, L.P. d/b/a Laurel Ridge Treatment Center v. Belinda Mainor and Michael Mainor, Individually and as Next Friend of J.B., A Minor Child (No. 13-23-00036-CV; May 16, 2024) arose from an incident in which a minor child enrolled in a treatment program for youth with behavioral issues was left asleep in the
- [SCOTX Accepts Review in Potentially Landmark Case Seeking to Hold Nonprofit Hospitals Vicariously Liable for Negligence of Employee Physicians](https://tcjl.com/scotx-accepts-review-in-potentially-landmark-case-seeking-to-hold-nonprofit-hospitals-vicariously-liable-for-negligence-of-employee-physicians/) - In a case in which the Texas Medical Association and Texas Hospital Association have taken opposing positions, the Texas Supreme Court has granted review of a Corpus Christi Court of Appeals decision holding that a nonprofit health organization that employs physicians may be held vicariously liable for the physician’s negligence. Renaissance Medical Foundation v. Rebecca
- [SCOTX Grants Review in Important Excess Insurance Policy Interpretation Case](https://tcjl.com/scotx-grants-review-in-important-excess-insurance-policy-interpretation-case/) - In late 2022 we reported on a Houston [14th] Court of Appeals case in which the court rejected the insurer’s argument that an excess policy with a “following form” provision incorporating the terms and conditions of the primary policy clearly and unambiguously excluded defense costs. As we thought would be the case, the insurer has
- [SCOTX Overturns Austin Court of Appeals Decision Invalidating PUC’s Approval of ERCOT Emergency Wholesale Pricing Protocol](https://tcjl.com/scotx-overturns-austin-court-of-appeals-decision-invalidating-pucs-approval-of-ercot-emergency-wholesale-pricing-protocol/) - The Texas Supreme Court reversed an Austin Court of Appeals decision invalidating a PUC order setting market clearing prices at the maximum level in the event of an extreme weather event. RWE Renewables Americas, LLC and TX Hereford Wind, L.L.C. v. Public Utility Commission of Texas (No. 23-0555; June 14, 2024) stemmed from legislation adopted in
- [Austin Court of Appeals Sides With the Texas Tribune, Reverses TC Denial of TCPA Motion to Dismiss](https://tcjl.com/austin-court-of-appeals-sides-with-the-texas-tribune-reverses-tc-denial-of-tcpa-motion-to-dismiss/) - In a case arising from a news story involving the founder of a telemedicine business to expand his business by seeking contracts with local governments during the COVID-19 pandemic, the Austin Court of Appeals has reversed a trial court order denying the news publisher’s motion to dismiss pursuant to the Texas Citizens Participation Act. Texas
- [In Rare Rehearing, SCOTX Reverses Course in Wrongful Death Case Arising from Railroad Crossing Accident](https://tcjl.com/in-rare-rehearing-scotx-reverses-course-in-wrongful-death-case-arising-from-railroad-crossing-accident/) - Given how rarely the Texas Supreme Court grants motions for rehearing, its decision last December to reopen a wrongful death case struck us as very significant. As things turned out, it was—in more ways than one. The case, Angela Horton and Kevin Houser v. The Kansas City Southern Railway Company (No. 21-0769; June 28, 2023), arose from
- [Austin Court of Appeals Reverses TC Denial of Motion to Compel Arbitration in Dispute Between Elon Musk’s Boring Company and Contractor](https://tcjl.com/austin-court-of-appeals-reverses-tc-denial-of-motion-to-compel-arbitration-in-dispute-between-elon-musks-boring-company-and-contractor/) - The Austin Court of Appeals has sided with The Boring Company, an entity created by Elon Musk in 2017 to tackle urban traffic by digging tunnels for high-speed vehicles, in a dispute with a construction contractor in Bastrop County. TBC-The Boring Company v. 304 Construction, LLC (No. 03-23-00394-CV; May 17, 2024) arose from a construction
- [SCOTX Holds That Business Organizations Code Does Not Limit Common Law Liability for Torts Committed by Corporate Officers or Agents](https://tcjl.com/scotx-holds-that-business-organizations-code-does-not-limit-common-law-liability-for-torts-committed-by-corporate-officers-or-agents/) - In a potentially important decision regarding the scope of the Business Organization Code’s limitation of individual liability for corporate shareholders or members of a limited liability company, the Texas Supreme Court has held that the statute does not limit an individual shareholder’s or member’s personal liability under common law for tortious acts committed while acting
- [Austin Court of Appeals Affirms Forum Non Conveniens Dismissal in Wrongful Death Action](https://tcjl.com/austin-court-of-appeals-affirms-forum-non-conveniens-dismissal-in-wrongful-death-action/) - The Austin Court of Appeals has upheld a Bell County trial court order dismissing a wrongful death case on forum non conveniens grounds. Shirley McDonald v. Transco, Inc. and McLane Company, Inc. (No. 03-22-00689-CV; May 31, 2024) arose from a 2021 collision between a passenger vehicle and a tractor-trailer in Florida. The driver of the
- [Beaumont Court of Appeals Upholds $50,000 in Attorney’s Fees in UIM Case With Total Damages of $115,000](https://tcjl.com/beaumont-court-of-appeals-upholds-50000-in-attorneys-fees-in-uim-case-with-total-damages-of-115000/) - Farmers Texas County Mutual Insurance Co. v. Floyd Barr (No. 09-22-00321-CV; May 23, 2024) arose from a declaratory judgment act claim against Farmers for UIM benefits. Plaintiff settled his personal injury claim with the other driver for $30,000, and Farmers paid $10,000 under the Personal Injury Protection coverage of his policy. Claiming that his damages
- [Split El Paso Court of Appeals Allows Non-Signatories to Invoke Arbitration Agreement in Workplace Injury Case](https://tcjl.com/split-el-paso-court-of-appeals-allows-non-signatories-to-invoke-arbitration-agreement-in-workplace-injury-case/) - Vibra Rehabilitation Hospital of El Paso, LLC d/b/a Highlands Rehabilitation Hospital, Sabra Texas Holdings, L.P., and Diana Schulz v. Ramiro Illarramendi, Jr. (No. 08-23-00137-CV; May 17, 2024) arose from a workplace-injury claim. Plaintiff, a maintenance supervisor at Highlands, was checking a light fixture when he was allegedly electrocuted and fell from a ladder. He sued
- [Houston [14th] Court of Appeals Sides With Taxpayers in Dispute With City Over Allocations to Drainage Fund](https://tcjl.com/houston-14th-court-of-appeals-sides-with-taxpayers-in-dispute-with-city-over-allocations-to-drainage-fund/) - In a win for Houston property taxpayers, the Houston [14th] Court of Appeals has ruled that the Houston City Council underfunded the city’s Drainage Fund in its 2020 budget in violation of the city charter. James Robert Jones and Allen Watson v. John Whitmire, in his Official Capacity as Mayor of the City of Houston,
- [SCOTX Sides With Railroad Commission Over General Land Office in Forced Pooling Case](https://tcjl.com/scotx-sides-with-railroad-commission-over-general-land-office-in-forced-pooling-case/) - In a case we first reported more than a year ago, the Texas Supreme Court has upheld a Houston [14th] Court of Appeals decision affirming the denial of an oil and gas producer’s applications to force pool its interest with an adjacent mineral owner. At that time, we expressed some surprise that the Court felt
- [Beaumont Court of Appeals Reverses TC Order Denying Special Appearance of Out-of-State Plaintiffs’ Firm Specializing in Kratom Cases](https://tcjl.com/beaumont-court-of-appeals-reverses-tc-order-denying-special-appearance-of-out-of-state-plaintiffs-firm-specializing-in-kratom-cases/) - The Beaumont Court of Appeals has held that Texas has no jurisdiction over an out-of-state law firm that nationally solicits clients for personal injury and death cases arising from the use of mytragynine, or “Kratom” Theodore Oshman, Oshman Firm, LLC, and Oshman & Mirisola, LLP v. Richard Wilkison, Individually and On Behalf of the Estate
- [Fort Worth Court of Appeals Holds Plaintiff Had No Standing to Bring Adverse Possession Case](https://tcjl.com/fort-worth-court-of-appeals-holds-plaintiff-had-no-standing-to-bring-adverse-possession-case/) - Lois J. Blanton v. Red Desert Enterprises, LLC and Cheryl Miles, (02-23-00191-CV; May 2, 2024) arose from a dispute over about 3.9 acres of land in Fort Worth. In 2008 the Blanton Family Partnership (BFP) conveyed part of the property to Keystone Exploration, retaining about 1.4 acres. Three days later Keystone conveyed the property to
- [Amarillo Court of Appeals Sides with City of Austin in Dispute Over Housing Project for Homeless Persons](https://tcjl.com/amarillo-court-of-appeals-sides-with-city-of-austin-in-dispute-over-housing-for-homeless-persons/) - The Amarillo Court of Appeals has affirmed a Williamson County district court’s dismissal of claims against the City of Austin and the nonprofit developer of a housing project for the homeless. Chaudhari Partnership v. AHFC Pecan Park PSH Non-Profit Corporation and the City of Austin (No. 07-23-00362-CV; March 19, 2024) arose from the city’s purchase
- [Dallas Court of Appeals Orders Trial Court to Vacate TRO Blocking TPWD from Depopulating Deer Herd Infected with Chronic Wasting Disease](https://tcjl.com/dallas-court-of-appeals-orders-trial-court-to-vacate-tro-blocking-tpwd-from-depopulating-deer-herd-infected-with-chronic-wasting-disease/) - In re Texas Parks and Wildlife Department and John Silovsky, In His Official Capacity as Wildlife Division Director of the Texas Parks and Wildlife Department (No. 05-24-00582-CV; May 23, 2024) arose from a commercial deer breeder’s lawsuit to enjoing the Texas Parks and Wildlife Department from enforcing a deer depopulation order to mitigate Chronic Wasting
- [Austin Court of Appeals Sides with State in Dispute Over Ownership of Republic of Texas-Era Letter](https://tcjl.com/austin-court-of-appeals-sides-with-state-in-dispute-over-ownership-of-republic-of-texas-era-letter/) - A man wrote an email to the Texas State Library and Archives Commission inquiring about the Commission’s interest in purchasing an 1836 letter in his possession allegedly written by Republic of Texas President David G. Burnet to Thomas Toby, whom the Legislature authorized to sell land scrip in New Orleans. Recognizing a missing link in
- [Houston [14th] Court of Appeals Splits Over Whether “Regular Use” Exclusion in UM/UIM Policy Is Enforceable](https://tcjl.com/houston-14th-court-of-appeals-splits-over-whether-regular-use-exclusion-in-um-uim-policy-is-enforceable/) - Over a spirited dissent, the Houston [14th] Court of Appeals has overturned a trial court ruling that a “regular use” exclusion in a UM/UIM policy violated public policy and could not be enforced. Progressive County Mutual Insurance Company v. Artemiz Freeman (No. 14-22-00450-CV; May 14, 2024) arose from a vehicle collision in which an underinsured
- [Divided Houston [14th] Court of Appeals Reverses TC Dismissal of Chapter 74 Health Care Liability Claim for Inadequate Expert Report](https://tcjl.com/divided-houston-14th-court-of-appeals-reverses-tc-dismissal-of-chapter-74-health-care-liability-claim-for-inadequate-expert-report/) - David Zinmeister & Marlene Zinmeister v. Houston Methodist Hospital (No. 14-22-00873-CV; May 16, 2024) stemmed from a health care liability claim alleging that the hospital and hospital staff botched David’s post-surgical care by failing to appoint a hospitalist or internal-medicine specialist to assess his complications from gastrointestinal surgery. Plaintiffs allege that the failure resulted in
- [Texas Supreme Court Refers Rules on TPLF and AI to SCAC](https://tcjl.com/texas-supreme-court-refers-rules-on-tplf-and-ai-to-scac/) - This week, Chief Justice Nathan Hecht referred nine rule issues to the Supreme Court Advisory Committee (SCAC), including two items of particular interest to TCJL members. Consistent with SCAC’s rules and processes, the issues will be referred to a subcommittee for review and recommendation. Third Party Litigation Funding (TPLF) In response to TCJL’s request to
- [SCOTX Declines Review in Condemnation Suit Dismissed Because Lawyer Pursuing the Case Didn’t Represent the Landowner](https://tcjl.com/scotx-declines-review-in-condemnation-suit-dismissed-because-lawyer-pursuing-the-case-didnt-represent-the-landowner/) - The Texas Supreme Court has denied review of an Eastland Court of Appeals decision dismissing a landowner’s appeal for want of jurisdiction on the basis that the lawyer who filed objections to the commissioners’ award and pursued the appeal never represented the landowner who was a party to the condemnation proceeding. Spoon Ranch Family Limited
- [El Paso Court of Appeals Affirms TC Order Denying Motion to Compel Arbitration](https://tcjl.com/el-paso-court-of-appeals-affirms-tc-order-denying-motion-to-compel-arbitration/) - The El Paso Court of Appeals has upheld a trial court order denying a contractor's motion to compel arbitration after the contractor waited nearly two years before seeking arbitration on the eve of trial. Humberto Rivas, Individually, Steve Rivas, Individually, Atlantis Custom Pools & Spas, Humberto Rivas d/b/a Atlantis Pools & Spas, and Steve
- [Corpus Christi Court of Appeals Affirms Denial of Chapter 74 Dismissal for Insufficient Expert Report](https://tcjl.com/corpus-christi-court-of-appeals-affirms-denial-of-chapter-74-dismissal-for-insufficient-expert-report/) - Carlos Garcia-Cantu, M.D. v. Amy Christine Gonzalez (No. 13-22-00504-CV; April 18, 2024) arose from a medical malpractice suit in which Gonzalez alleged that Dr. Garcia-Cantu lacerated her liver while performing surgery to biopsy a possible lipoma on her left breast. Four days after surgery and same-day dismissal from the hospital , Gonzalez suffered septic shock
- [Amarillo Court of Appeals Pours Out TCPA Claimant](https://tcjl.com/amarillo-court-of-appeals-pours-out-tcpa-claimant/) - The Amarillo Court of Appeals has affirmed a trial court order denying motion to dismiss under the Texas Citizens Participation Act (Ch. 27, CPRC). Mauro E. Garza, and Everett Holdings, LLC v. Julia Perez (No. 07-23-00271-CV; February 27, 2024) arose from a slip-and-fall in an Austin bar. Plaintiff Perez sued defendant Everett for premises liability.
- [AUGUST 2023: SCOTX Sets Nuclear Verdict Product Liability Case for Oral Argument](https://tcjl.com/august-2023-scotx-sets-nuclear-verdict-product-liability-case-for-oral-argument/) - The presumption of nonliability for products manufactured to meet or exceed mandatory federal safety standards, § 82.008, CPRC, is one of the cornerstones of the 2003 tort reform effort. This provision has come under repeated attack in product liability litigation around the state, especially in the context of motor vehicle accidents. To overcome the presumption,
- [SCOTX Sets Nuclear Verdict Product Liability Case for Oral Argument](https://tcjl.com/scotx-sets-nuclear-verdict-product-liability-case-for-oral-argument/) - The presumption of nonliability for products manufactured to meet or exceed mandatory federal safety standards, § 82.008, CPRC, is one of the cornerstones of the 2003 tort reform effort. This provision has come under repeated attack in product liability litigation around the state, especially in the context of motor vehicle accidents. To overcome the presumption,
- [SCOTX Sides With PUC in Winter Storm Uri Pricing Dispute](https://tcjl.com/scotx-sides-with-puc-in-winter-storm-uri-pricing-dispute/) - In the ongoing navigation of Winter Storm Uri’s devastating aftermath, Luminant Energy Company LLC v. Public Utility Commission of Texas (No. 23-0231; March 17, 2023) has reached its long awaited Texas Supreme Court decision which reversed the Austin Court of Appeals’ ruling that the Commission overstepped its statutory authority by raising electricity prices during the
- [SCOTX Remands Nuisance Case Involving East Texas Chicken Farm](https://tcjl.com/scotx-remands-nuisance-case-involving-east-texas-chicken-farm/) - In a case pitting private landowners against a large chicken farming operation in Henderson County, the Texas Supreme Court has reversed a trial court order granting the landowners a permanent injunction that effectively shut down the farm. Steve Huynh, et al. v. Frank Blanchard, et al. (No. 21-0676; June 7, 2024) arose from a dispute
- [SCOTX Rules That Texas Law Defaults to Simple Interest Unless Agreement Clearly Specifies Otherwise](https://tcjl.com/scotx-rules-that-texas-law-defaults-to-simple-interest-unless-agreement-clearly-specifies-otherwise/) - [et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″][et_pb_text admin_label=”Text”]Chief Justice Nathan Hecht Reversing the Beaumont Court of Appeals, the Texas Supreme Court has held that a late charge provision in an oil and gas lease called for simple, not compound, interest. The Court confirmed that Texas law disfavors compound interest and that an agreement that does not
- [Houston [1st] Court of Appeals Mandamuses TC for Denying Defense Motion to Compel Execution of Medical Authorization for Release of Records](https://tcjl.com/houston-1st-court-of-appeals-mandamuses-tc-for-denying-defense-motion-to-compel-execution-of-medical-authorization-for-release-of-records/) - In re Austin Maintenance & Construction, Inc. (No. 01-23-00935-CV; May 30, 2024) arose from a personal injury suit alleging that Plaintiff suffered serious injuries in a collision between her vehicle and a vehicle driven by an Austin Maintenance employee. Plaintiff disclosed that she incurred $173,050.03 in past medical expenses, the vast majority of which were
- [Houston [1st] Court of Appeals Holds That Sexual Assault Claim Not a Chapter 74 Health Care Liability Claim](https://tcjl.com/houston-1st-court-of-appeals-holds-that-sexual-assault-claim-not-a-chapter-74-health-care-liability-claim/) - Stating what should be obvious, the Houston [1st] Court of Appeals has reiterated that a patient’s claim that she was sexually assaulted by a physician following surgery is not a health care liability claim under Chapter 74, CPRC. Azul Shirazalijaffer, M.D., and Shirazali, PLLC d/b/a Azul Plastic Surgery v. Michelle Maestas (No. 01-23-00541-CV; March 26,
- [Tyler Court of Appeals Affirms Zero Damages Verdict in UM/UIM Case](https://tcjl.com/tyler-court-of-appeals-affirms-zero-damages-verdict-in-um-uim-case/) - The Tyler Court of Appeals has reaffirmed its disavowal of the “zero damages rule” in upholding a jury verdict that rejected a plaintiff’s claim for $400,000 in non-economic damages for a minor car accident. Albert Hambrick v. Foremost County Mutual Insurance (No. 12-23-00133-CV; April 17, 2024) resulted from an accident in which a hit and
- [El Paso Court of Appeals Mandamuses Trial Court for Limiting Plaintiff’s Designation of Supplemental Expert Witnesses After a Mistrial in Commercial Trucking Case](https://tcjl.com/el-paso-court-of-appeals-mandamuses-trial-court-for-limiting-plaintiffs-designation-of-supplemental-expert-witnesses-after-a-mistrial-in-commercial-trucking-case/) - In re Juan Esparza (No. 08-23-00256-CV; April 26, 2024) arose from a personal-injury lawsuit in which Esparza alleged that he was seriously injured when a Coastal Transport Co. tanker truck struck another vehicle, which in turn struck his vehicle. The case has a long and complicated procedural history that resulted in Esparza’s petition for writ
- [Houston [14th] Court of Appeals: A County is Not a Person for Purposes of Chapter 74, CPRC, so No Expert Report Required in Opioid Cases Against Pharmacies](https://tcjl.com/219947-2/) - Albertson Companies, Inc., et al. v. County of Dallas (No. 14-23-0279-CV) and SPCSA PLLC a/k/a Shavano Oaks Pharmacy v. County of Bexar (No. 14-23-00299-CV) (May 21, 2024) involved a consolidated appeal from interlocutory orders denying motions to dismiss under Chapter 74, CPRC. Dallas and Bexar Counties sued numerous manufacturers, distributors, and retail pharmacies for “dispensing
- [Dallas Court of Appeals Affirms Dismissal of Storm Damage Claim Against Insurer](https://tcjl.com/dallas-court-of-appeals-affirms-dismissal-of-storm-damage-claim-against-insurer/) - Joe and Shirley Nathan v. USAA General Indemnity (No. 05-23-00106; May 2, 2024) arose from the homeowners’ property damage claim for roof and interior damage caused by a December 2018 storm. USAA determined that the cost to repair fell below the policy deductible and denied the claim. The homeowners got their own estimate and demanded
- [Houston [14th] Court of Appeals Mandamuses Trial Court That Denied Defendant’s Claim for Plaintiff’s Mental Health Condition](https://tcjl.com/houston-14th-court-of-appeals-mandamuses-trial-court-that-denied-defendants-claim-for-plaintiffs-mental-health-condition/) - Following recent SCOTX precedent, the Houston [14th] Court of Appeals has ordered a Harris County trial court to permit defendants to obtain discovery of the plaintiff’s mental health treatment records relevant to the plaintiff’s claim for mental anguish damages. In re Williams Brothers Construction Co., Inc. and Luis Flores (No. 14-24-00289-CV; May 24, 2024) arose
- [Beaumont Court of Appeals Affirms Take-Nothing Defense Judgment in Trucking Case Where Plaintiffs Missed Deadline for Serving Deposition Excerpts of Treating Physician](https://tcjl.com/beaumont-court-of-appeals-affirms-take-nothing-defense-judgment-in-trucking-case-where-plaintiffs-missed-deadline-for-serving-deposition-excerpts-of-treating-physician/) - William Schulze and Susan Schulze v. Jonathan Cardenas (No. 09-22-00001-CV; March 28, 2024) arose from an alleged rear-end collision between Plaintiffs’ vehicle and Defendant Cardenas’s truck. The trial court signed a scheduling order requiring the parties to meet certain deadlines before trial, including a requirement that the parties file and serve ten days before trial
- [Divided Houston [14th] Court of Appeals Affirms Summary Judgment in Legal Malpractice Case](https://tcjl.com/divided-houston-14th-court-of-appeals-affirms-summary-judgment-in-legal-malpractice-case/) - A divided panel of the Houston [14th] Court of Appeals has affirmed a trial court order granting a defendant attorney’s motion for summary judgment in a legal malpractice claim. Paula Forshee, PMF Solutions, LLC, and Catalyst Solutions, LLC v. Cynthia R. Levis Moulton, Cynthia R. Levis Moulton, P.C., and Moulton, Wilson, and Arney, L.L.P. (No.
- [Dallas Court of Appeals Mandamuses Trial Judge Who Sat on Key Pretrial Rulings for Two Years](https://tcjl.com/dallas-court-of-appeals-mandamuses-trial-judge-who-sat-on-key-pretrial-rulings-for-two-years/) - In re Patrick Roughneed, M.D., Cherie Roughneen, and Patrick T. Roughneen, M.D., P.A. (No. 05-24-00191-CV; May 10, 2024) stemmed from a lawsuit in which relators sought to mandamus the trial court for not ruling on motions that had been pending for more than two years. The case involves a dispute over a settlement agreement from
- [Tyler Court of Appeals Affirms Denial of Chapter 74 Motion to Dismiss in Suit Against Nursing Home](https://tcjl.com/tyler-court-of-appeals-affirms-denial-of-chapter-74-motion-to-dismiss-in-suit-against-nursing-home/) - Willow SNF, LLC d/b/a Willow Rehab & Nursing and Advanced HCS, LLC v. Anyonna Hardiman, On Behalf of Jessie Mae Turner (No. 12-23-00225-CV; January 24, 2024) arose from injuries allegedly sustained by Turner while a resident of Willow. Turner suffered from a number of conditions, including reduced mobility, a history of falling, hypertension, dysphagis, and
- [Fort Worth Court of Appeals Reverses Defense Judgment for Contractor in Premises Liability Case](https://tcjl.com/fort-worth-court-of-appeals-reverses-defense-judgment-for-contractor-in-premises-liability-case/) - The Fort Worth Court of Appeals has reversed a trial court order granting a general contractor’s motion for summary judgment in a premises liability case. Russell Scott Donaldson, As Next Friend of His Grandchildren: L.A., R.A., A.A., and R.S.A., The Heirs of Robert John Aquino, III v. Pro-Craft General Contractors, Inc. (No. 02-23-00271; May 2,
- [Austin Court of Appeals Affirms Defense Judgment in Trucking Case](https://tcjl.com/austin-court-of-appeals-affirms-defense-judgment-in-trucking-case/) - Johnny Baker and Laecrecia Baker v. Devante Williams; and Swift Transportation Co. of Arizona, LLC (No. 03-23-00266-CV; April 25, 2024) arose from a rear-end collision involving two tractor-trailers. Defendant Williams had pulled his truck onto the shoulder of the interstate when it suffered mechanical problems. Plaintiff Baker subsequently veered onto the shoulder and struck Williams
- [SCOTX: Court of Appeals Has Jurisdiction Over Interlocutory Appeal of Temporary Injunction Even When Trial Court Abates Proceedings](https://tcjl.com/scotx-court-of-appeals-has-jurisdiction-over-interlocutory-appeal-of-temporary-injunction-even-when-trial-court-abates-proceedings/) - In a per curiam opinion, the Texas Supreme Court has reversed a Dallas Court of Appeals decision holding that the court did not have jurisdiction over a party’s interlocutory appeal of a temporary injunction when the trial court has delayed the trial. Leo Bienati, Theresa Pham, Carlos Lacayo, and Andres Ruzo v. Cloister Holdings, LLC
- [Beaumont Court of Appeals Affirms TC Denial of Media Company’s TCPA Motion to Dismiss Tax Consulting Firm’s Defamation Suit](https://tcjl.com/beaumont-court-of-appeals-affirms-tc-denial-of-media-companys-tcpa-motion-to-dismiss-tax-consulting-firms-defamation-suit/) - In the next iteration of a case we first reported in January, pitting the behemoth news publishing company Gannett and the sprawling Texas-based tax consulting firm Ryan, LLC, the Beaumont Court of Appeals has affirmed a trial court order denying Gannett’s motion to dismiss Ryan’s defamation claim under the Texas Citizens Participation Act. USA Today
- [Austin Court of Appeals Affirms Denial of Physician’s Motion to Dismiss for Inadequate Expert Report in Suicide Case](https://tcjl.com/austin-court-of-appeals-affirms-denial-of-physicians-motion-to-dismiss-for-inadequate-expert-report/) - The Austin Court of Appeals has affirmed a trial court’s denial of a physician’s motion to dismiss a Chapter 74 health care liability claim arising from the death of a teenager by suicide. Shree Shrestha, M.D. and HMIH Cedar Crest, LLC d/b/a Cedar Crest Hospital & RTC v. Claudia Johnson, Individually and as Representative of
- [SCOTX Reverses Dallas Court of Appeals in Manufacturer Statute of Repose Case](https://tcjl.com/scotx-reverses-dallas-court-of-appeals-in-manufacturer-statute-of-repose-case/) - The Texas Supreme Court has overturned a Dallas Court of Appeals reversing a trial court summary judgment order that dismissed a products liability action based on the 15-year statute of repose. Ford Motor Company v. Jennifer Parks, Individually and as Guardian of the Person and Estate of Samuel Rivera Gama, and Nicolasa Gama Dale (No.
- [SCOTX Rules for Taxpayer in Dispute with Appraisal Districts Over Appraisal of Natural Gas Compressors](https://tcjl.com/scotx-rules-for-taxpayer-in-dispute-with-appraisal-districts-over-appraisal-of-natural-gas-compressors/) - In a significant victory for property owners, the Texas Supreme Court has ruled that § 25.25(c), Tax Code, motion to correct the appraisal roll is not precluded by a prior unsuccessful ARB protest. J-W Power Company v. Sterling County Appraisal District (No. 22-0974) consolidated with J-W Power Company v. Irion Appraisal District (No. 22-0975; June
- [SCOTX Grants Oral Argument in Forum Non Conveniens Case Stemming from Truck-Train Collision in Louisiana](https://tcjl.com/scotx-grants-oral-argument-in-forum-non-conveniens-case-stemming-from-truck-train-collision-in-louisiana/) - The Texas Supreme Court has granted oral argument in a petition for writ of mandamus stemming from a personal-injury lawsuit involving a truck-train collision in Louisiana. The court has not yet set the date of the argument. In re Pinnergy, Ltd. (No. 23-0777; oral argument granted May 31, 2024) arose from a Harris County lawsuit
- [SCOTX Upholds Constitutionality of Public Adjuster Statute](https://tcjl.com/scotx-upholds-constitutionality-of-public-adjuster-statute/) - 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 insurance claims without a license for anowner who contracts with them (Chapter 4102, Insurance
- [SCOTX Affirms El Paso Court of Appeals Decision in Dispute Between Oil and Gas Producers](https://tcjl.com/scotx-affirms-el-paso-court-of-appeals-decision-in-dispute-between-oil-and-gas-producers/) - Occidental Permian, Ltd., Occidental Petroleum Corporation, Oxy USA Inc., Oxy USA WTP LP, and Rodeo Midland Basin, LLC v. Citation 2002 Investment LLC and Endeavor Energy Resources, L.P. (No. 23-0037; May 17, 2024) arose from a dispute over the scope of an assignment of oil and gas interests in Reagan County. In 1987 Shell Western
- [Governor Abbott Announces Appointments To New San Antonio Business Court Division](https://tcjl.com/governor-abbott-announces-appointments-to-new-san-antonio-business-court-division/) - June 13, 2024 | Austin, Texas Governor Greg Abbott today announced his appointments to the new Fourth Business Court Division in San Antonio, which was created last year to provide an efficient mechanism for businesses to resolve complex commercial disputes in Texas. The Governor has appointed Marialyn Barnard and Stacy Sharp to be judges of
- [Governor Abbott Announces Appointments To New Dallas Business Court Division](https://tcjl.com/governor-abbott-announces-appointments-to-new-dallas-business-court-division/) - June 12, 2024 | Austin, Texas Governor Greg Abbott today announced his appointments to the new First Business Court Division in Dallas, which was created last year to provide an efficient mechanism for businesses to resolve complex commercial disputes in Texas. The Governor has appointed Andrea Bouressa and William “Bill” Whitehill to be judges of
- [Governor Abbott Announces Appointments To New Fort Worth Business Court Division](https://tcjl.com/governor-abbott-announces-appointments-to-new-fort-worth-business-court-division/) - June 12, 2024 | Austin, Texas Governor Greg Abbott today announced his appointments to the new Eighth Business Court Division in Fort Worth, which was created last year to provide an efficient mechanism for businesses to resolve complex commercial disputes in Texas. The Governor has appointed Jerry Bullard and Brian Stagner to be judges of
- [SCOTX Grants Review in Case Alleging Violations of Texas’ Civil Barratry Statute for Case-Running in Arkansas and Louisiana](https://tcjl.com/scotx-grants-review-in-case-alleging-violations-of-texas-civil-barratry-statute-for-case-running-in-arkansas-and-louisiana/) - The Texas Supreme Court has agreed to review a case that raises significant issues, including limitations and extraterritorial application, of Texas’ civil barratry statute. Michael A. Pohl, The Ammons Law Firm, and Robert Ammons, et al. v. Mark Kentrell Cheatham, Sr., Luella Miller, Mark Cheatham, Jr. and Intervenor Lacy Reese (23-0045; pet. granted May 31,
- [Houston [1st] Court of Appeals Overturns Nuclear Verdict in Wrongful Death Case, Then Dismisses on Forum Non Conveniens Grounds](https://tcjl.com/houston-1st-court-of-appeals-overturns-nuclear-verdict-in-wrongful-death-case-then-dismisses-on-forum-non-conveniens-grounds/) - In a case important for both its ruling on a nuclear verdict awarding nearly $200 million in noneconomic damages and application of statutory forum non conveniens, the Houston [1st] Court of Appeals reversed a $200 million award of noneconomic damages before dismissing the case under § 71.051, CPRC, the forum non conveniens statute. Team Industrial
- [Governor Abbott Appoints Business Court, Austin Division](https://tcjl.com/219975-2/) - Governor Abbott Announces Appointments To New Austin Business Court Division June 11, 2024 | Austin, Texas | Appointment Governor Greg Abbott today announced his appointments to the new Third Business Court Division in Austin, which was created last year to provide an efficient mechanism for businesses to resolve complex commercial disputes in Texas. The Governor has appointed Melissa
- [Governor Abbott Appoints 15th Court of Appeals](https://tcjl.com/governor-abbott-appoints-15th-court-of-appeals/) - Governor Abbott Appoints Inaugural Members To Fifteenth Court Of Appeals June 11, 2024 | Austin, Texas | Press Release Governor Greg Abbott today announced his inaugural appointments to the new Fifteenth Court of Appeals, which was created last year to have exclusive intermediate appellate jurisdiction over appeals involving disputes brought by or against the State and its officers and challenges
- [Texarkana Court of Appeals Declines to Create New Duty Requiring Landowners to Inspect Land for Risk of Falling Trees](https://tcjl.com/texarkana-court-of-appeals-declines-to-create-new-duty-requiring-rural-landowners-to-inspect-land-for-risk-of-falling-trees/) - by George Christian | April 12, 2024 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 Behalf of the Estate of Jo Ann Toole,
- [Austin Court of Appeals Reverses Summary Judgment for Resort in Deck Collapse Premises Liability Case](https://tcjl.com/austin-court-of-appeals-reverses-summary-judgment-for-resort-in-deck-collapse-premises-liability-case/) - Paula Chavez; Daniel Fagan; and April Chavez, Individually and as next friend of D.C., a minor, M.G., a minor, and Tommy Chavez v. Silverleaf Resorts, LLC, formerly Silverleaf Resorts, Inc.; and Holiday Inn Club Vacation Incorporated, formerly Orange Lake Country Club, Inc. (No. 03-22-00498-CV; April 3, 2024) arose from a premises liability lawsuit filed by
- [El Paso Court of Appeals Keeps Lawsuit Over Nicaraguan Solar Farm on Life Support, But Barely](https://tcjl.com/el-paso-court-of-appeals-keeps-lawsuit-over-nicaraguan-solar-farm-on-life-support-but-barely/) - Gespa Nicaragua, S.A. v. Recom AG, Flextronics International USA, Inc., Flextronics Automotive USA (Texas), LLC, and Expeditors International of Washington, Inc. (No. 08-22-00244-CV (March 20, 2024) stemmed from a deal to build a solar farm in Nicaragua that went south. Gespa, a Nicaraguan entity, contracted with a European entity, Inabata, to purchase “Black Panther” solar
- [Brief Update on AI Advisory Council](https://tcjl.com/brief-update-on-ai-advisory-council/) - This update was prepared by Geneva Cline, TCJL's Research Intern. The Artificial Intelligence Advisory Council set in place by H.B. 2060 has now been active for over six months, and it would appear as though the main purpose of the Council is to examine artificial intelligence employed by the State for concerns related to national
- [Back to the Future, Part I: Today’s Nuclear Verdicts Rooted in SCOTX’s 1980s Jurisprudence](https://tcjl.com/back-to-the-future-part-i-todays-nuclear-verdicts-rooted-in-scotxs-1980s-jurisprudence/) - The House/Senate Joint Committee on Liability Insurance and Tort Law Procedure’s final report to the Legislature in January 1987 identified “high court activism” as one of the primary drivers of the tort liability crisis of that unfortunate era for the Texas civil justice system. Introducing its discussion of the watershed Texas Supreme Court opinions that
- [Beaumont Court of Appeals Sides with Pipeline in Dispute with Landowner Over Access to Right-of-Way](https://tcjl.com/beaumont-court-of-appeals-sides-with-pipeline-in-dispute-with-landowner-over-access-to-right-of-way/) - The Premcor Pipeline Co. v. Jim Wingate (No. 09-22-00117-CV; April 11, 2024) arose from a dispute between the pipeline, a subsidiary of Valero, and a landowner over the pipeline’s use of the landowner’s roads and bridges to access nine pipeline easements (originally granted in 1954) on the landowner’s property of doing in-line inspections and possible
- [Houston [14th] Court of Appeals Reverses and Remands Plaintiff Verdict in Personal Injury Suit Against Oil and Gas Producer](https://tcjl.com/houston-14th-court-of-appeals-reverses-and-remands-plaintiff-verdict-in-personal-injury-suit-against-oil-and-gas-producer/) - The Houston [14th] Court of Appeals has found harmful charge error in a case that resulted in a $4 million jury verdict and remanded it for new trial. Priority Artificial Lift Services, LLC and EP Energy E&P Company, L.P. v. Michael Chiles (No. 14-22-00473-CV; March 21, 2024) arose from a workplace accident at an oil
- [SCOTX Holds That Agreed Judgment in Eviction Case Is Not Conclusive Evidence That Tenant Voluntarily Surrendered Possession for Purposes of Tenant’s District Court Action for Damages](https://tcjl.com/scotx-holds-that-agreed-judgment-in-eviction-case-is-not-conclusive-evidence-that-tenant-voluntarily-surrendered-possession-for-purposes-of-tenants-district-court-action-for-damages/) - Westwood Motorcars, LLC v. Virtuolotry, LLC and Richard Boyd (No. 22-0846; May 17, 2024) arose from a landlord-tenant dispute over the extension of a commercial lease. Tenant signed a lease with Landlord’s predecessor that gave Tenant an option to extend the lease for two additional terms of two years each. The Tenant exercised the first
- [SCOTX Reverses Class Action Certification Against USAA in Dispute Over Totaled Vehicle](https://tcjl.com/scotx-reverses-class-action-certification-against-usaa-in-dispute-over-totaled-vehicle/) - In a case in which TCJL participated as amicus curiae, the Texas Supreme Court has reversed a Dallas Court of Appeals decision affirming a trial court order certifying a class action against USAA under Rule 42, TRCP. The case, USAA Casualty Insurance Company v. Sunny Letot, Individually and On Behalf Of All Others Similarly Situated (No. 22-0238;
- [SCOTX Rules for Producer in Response to Certified Questions from 5th Circuit in Oil and Gas Lease Interpretation Case](https://tcjl.com/scotx-rules-for-producer-in-response-to-certified-questions-from-5th-circuit-in-oil-and-gas-lease-interpretation-case/) - In a class action dispute between a producer and royalty owners, the Texas Supreme Court has advised the U.S. Court of Appeals for the Fifth Circuit that Texas law holds that a market-value-at-the well lease containing an off-lease-use-of-gas clause and free-on-lease-use clause allows the producer to deduct gas used off lease in the post-production process.
- [TCJL Files Brief in Response to AG Opinion Request Regarding ERISA Pre-emption](https://tcjl.com/tcjl-files-brief-in-response-to-ag-opinion-request-regarding-erisa-pre-emption/) - Late last week TCJL filed a brief in response to a request for the opinion of the attorney general regarding the enforceability of certain provisions of Chapter 1369, Insurance Code, against self-funded employer-sponsored employee benefit plans governed by the Employer Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. § 1001 et seq.). As we
- [SCOTX Says No to Independent Ground for Class Certification Under TRCP 42(d)(1)](https://tcjl.com/scotx-says-no-to-independent-ground-for-class-certification-under-trcp-42d1/) - The Texas Supreme Court has reversed a Dallas Court of Appeals decision allowing a class action to proceed even though the court had already determined that plaintiffs did not satisfy the criteria for certification of the class as a whole under Rule 42(b). Frisco Medical Center, L.L.P. and Texas Regional Medical Center, L.L.C. v. Paula
- [Houston [14th] Court of Appeals Upholds Jurisdiction Over New Jersey Opioid Manufacturer, Dismisses Claims Against its Holding Company](https://tcjl.com/houston-14th-court-of-appeals-upholds-jurisdiction-over-new-jersey-opioid-manufacturer-dismisses-claims-against-its-holding-company/) - Applying the “stream-of-commerce-plus” test for personal jurisdiction, the Houston [14th] Court of Appeals has upheld a trial court order denying the special appearance of an opioid manufacturer organized in Delaware and with its principal place of business in New Jersey in litigation brought by Dallas and Bexar Counties. The court, however, dismissed the same claims
- [Houston Chronicle: Judge orders redo of Harris County 2022 judicial election, appeal expected](https://tcjl.com/houston-chronicle-judge-orders-redo-of-harris-county-2022-judicial-election-appeal-expected/) - By Jen Rice, Staff writer, Houston Chronicle: "A visiting judge from Bexar County on Wednesday ordered a new election in Harris County’s November 2022 180th District Court judicial race that Republican candidate Tami Pierce lost by just 449 votes to Democratic Judge DaSean Jones. Jones is expected to appeal the ruling, his attorney, Oliver Brown,
- [SCOTX Pours Out Houston Plaintiff’s Lawyer in Suit Brought Against Him by Former Clients in Fen-Fen Mass Tort Case](https://tcjl.com/scotx-pours-out-houston-plaintiffs-lawyer-in-suit-brought-against-him-by-former-clients-in-fen-fen-mass-tort-case/) - The Texas Supreme Court has affirmed a Houston [14th] Court of Appeals decision reversing summary judgment in favor of Houston attorney George Fleming and his law firm in a lawsuit filed by 4,000 former clients who signed up with the firm to assert claims in a mass action against Wyeth, the manufacturer of the diet
- [SCOTX Allows Inverse Condemnation Action to Proceed in Tree Removal Case Against TxDOT](https://tcjl.com/scotx-allows-inverse-condemnation-action-to-proceed-in-tree-removal-case-against-txdot/) - The Texas Supreme Court has reversed a Fort Worth Court of Appeals decision that dismissed a landowner’s inverse condemnation claim against TxDOT based on sovereign immunity. The Court likewise reversed the court of appeals’ conclusion that the landowners could proceed on their negligence claim under the Texas Tort Claims Act. Texas Department of Transportation v.
- [SCOTX Mandamuses Dallas Court of Appeals for Blocking Discovery of Plaintiff’s Medical and Mental Health Treatment Records Relevant to Mental Anguish Damages Claim](https://tcjl.com/scotx-mandamuses-dallas-court-of-appeals-for-blocking-discovery-of-plaintiffs-medical-and-mental-health-treatment-records-relevant-to-mental-anguish-damages-claim/) - In another decision that plumbs the murky depths of our jurisprudence of noneconomic damages, the Texas Supreme Court has taken sharp issue with a Dallas Court of Appeals decision that blocked a defendant from obtaining discovery of plaintiff’s medical and mental health care records that were related to plaintiff’s claim for mental anguish damages and
- [SCOTX Holds Default Judgment Was Appealable Despite Expressly Stating That It Wasn’t](https://tcjl.com/scotx-holds-default-judgment-was-appealable-despite-expressly-stating-that-it-wasnt/) - In a somewhat odd case, the Texas Supreme Court has held that a default judgment declaring itself to be final and non-appealable is not final and may be appealed. In re Lakeside Resort JV, LLC d/b/a Margaritaville Resort Lake Conroe (No. 22-1100; May 10, 2024) arose from a premises liability and negligence suit brought by
- [U.S. 5th Circuit Asks SCOTX for Guidance on Texas Defamation Law Question](https://tcjl.com/u-s-5th-circuit-asks-scotx-for-guidance-on-texas-defamation-law-question/) - The U.S. Fifth Circuit Court of Appeals has certified two unsettled questions of Texas defamation law to the Texas Supreme Court. Jane Roe v. Leighton Paige Patterson; Southwestern Baptist Theological Seminary (No. 23-40281; No. 24-0368, accepted May 10, 2024) arose from a 2015 lawsuit brought by a former student against the seminary and its president
- [SCOTX Reverses $12 Million Verdict in Trucking Case for Plaintiff’s Counsel’s Incurable Jury Argument](https://tcjl.com/scotx-reverses-12-million-verdict-in-trucking-case-for-plaintiffs-counsels-incurable-jury-argument/) - In a case testing the limits of improper jury argument, the Texas Supreme Court has reversed a multi-million jury verdict against a trucking company because plaintiff’s counsel made “an uninvited accusation of discriminatory animus” against defense counsel in closing argument. Robert Alonzo and New Prime, Inc. v. Christine John and Christopher Lewis (No. 22-0521; May
- [SCOTX Holds That Partial Summary Judgment Ordering Conveyance of Disputed Property Has Effect of Temporary Injunction Subject to Interlocutory Appeal](https://tcjl.com/scotx-holds-that-partial-summary-judgment-ordering-conveyance-of-disputed-property-has-effect-of-temporary-injunction-subject-to-interlocutory-appeal/) - In a case of perhaps greater importance than may appear on its face, the Texas Supreme Court has held that a partial summary judgment ordering a party to convey its fee simple interest in real property to the opposing party while the rest of the lawsuit remained pending was tantamount to a temporary injunction for
- [SCOTX Holds Noneconomic Damages Not Recoverable in Negligent Sterilization Case](https://tcjl.com/scotx-holds-noneconomic-damages-not-recoverable-in-negligent-sterilization-case/) - Prior to the birth of her third child by scheduled C-section, plaintiff was told by a member of the physician’s staff that the physician had recommended she have a tubal ligation to prevent a fourth pregnancy, which could be dangerous. The day before she went into the hospital to deliver, she paid for a tubal
- [SCOTX: Statute Requiring MDL Panel to Appoint Presiding Judge in Suit Against TWIA Not Jurisdictional](https://tcjl.com/scotx-statute-requiring-mdl-panel-to-appoint-presiding-judge-in-suit-against-twia-not-jurisdictional/) - Undoubtedly fearing that thousands of judgments in TWIA cases could be subject to collateral attack, the Texas Supreme Court has held that the Insurance Code provision that requires the MDL panel to appoint a qualified judge to hear lawsuits against the insurer of last resort, is not jurisdictional. Texas Windstorm Insurance Association v. Stephen Pruski (No.
- [Houston [1st] Court of Appeals Overturns Death Penalty Sanctions Against Kellogg Brown & Root](https://tcjl.com/houston-1st-court-of-appeals-overturns-death-penalty-sanctions-against-kellogg-brown-root/) - The Houston [1st] Court of Appeals has granted Kellogg Brown & Root’s petition for writ of mandamus vacating a death penalty sanctions order issued by a Harris County district judge. The underlying litigation, Constructora Hostotipaquillo, S.A. de C.V. v. Kellogg Brown & Root, LLC (No. 2021-20545, pending in the 295th District Court of Harris County,
- [House Interim Charges 2024](https://tcjl.com/house-interim-charges-2024/) - Interim Committee Charges Texas House of Representatives, 88th Legislature Speaker Dade Phelan, May 2024
- [Houston [1st] Court of Appeals Takes Up Dispute Between Litigation Funder and Plaintiff’s Firm](https://tcjl.com/houston-1st-court-of-appeals-takes-up-dispute-between-litigation-funder-and-plaintiffs-firm/) - In a case that raises a corner of the cloak of secrecy around third-party litigation finance agreements, the Houston [1st] Court of Appeals has partially granted a law firm’s petition for writ of mandamus to overturn a trial court’s discovery order. In re The Sydow Firm, PLLC and Michael D. Sydow (No. 01-23-00694-CV; May 9,
- [Beaumont Court of Appeals Sides With Defendant Owner and Independent Contractor in Third-Party Liability Case](https://tcjl.com/beaumont-court-of-appeals-sides-with-defendant-owner-and-independent-contractor-in-third-party-liability-case/) - Kevin Andrus v. Vestas-American Wind Technology, Inc. and SEA.O.G., LLC (No. 09-21-00177-CV; May 2, 2024) arose from an accident at the Port of Beaumont. Vestas, a manufacturer and importer of wind turbine components, contracted with SEA and P.C. Pfeiffer Company, to provide stevedore services as independent contractors. The contracts required SEA and Pfeiffer to take
- [Senate Interim Charges 2024](https://tcjl.com/senate-interim-charges-2024/) - 2024 Interim Legislative Charges: Border Security Committee Business and Commerce Committee Criminal Justice Committee Education Committee Finance Committee Health and Human Services Committee Higher Education Committee Local Government Committee Natural Resources Committee State Affairs Committee Transportation Committee Water, Agriculture, and Rural Affairs Committee Veterans Affairs Committee
- [Eastland Court of Appeals Holds That Mobile Sand Silo Systems Qualify for Special Appraisal as Dealer’s Heavy Equipment Inventory](https://tcjl.com/eastland-court-of-appeals-holds-that-mobile-sand-silo-systems-qualify-for-special-appraisal-as-dealers-heavy-equipment-inventory/) - In a case of first impression, the Eastland Court of Appeals has ruled that a fleet of mobile sand silo systems qualify for appraisal as dealer’s heavy equipment inventory under §§ 23.1241-1242, Tax Code. Solaris Oilfield Site Services Oper LLC v. Brown County Appraisal District (No. 11-22-00206-CV; April 18, 2024) arose from the denial of
- [Austin Court of Appeals Remands Court Reporters’ Suit Seeking Enforcement of Regulatory Provisions Against Digital Reporting Firm That Uses AI to Transcribe Video Depositions](https://tcjl.com/austin-court-of-appeals-remands-court-reporters-suit-seeking-enforcement-of-regulatory-provisions-against-digital-reporting-firm-that-uses-ai-to-transcribe-video-depositions/) - In the first case we know of in which a licensed professional has sought a judicial order commanding a state regulatory agency to exercise its enforcement power against a competitor that utilizes artificial intelligence, the Austin Court of Appeals has, at least for now, foiled the Judicial Branch Certification Commission’s effort to avoid the lawsuit.
- [SCOTX Remands Tort Claims Act Case to Austin Court of Appeals on Service of Process Issue of First Impression](https://tcjl.com/scotx-remands-tort-claims-act-case-to-austin-court-of-appeals-on-service-of-process-issue-of-first-impression/) - The Texas Supreme Court has taken a pass on whether to decide an issue of first impression: in a Tort Claims Act lawsuit, is a claimant’s service of process on the employee of a governmental entity, who the claimant knows is the entity’s employee, tantamount to service on the entity itself? Texas State University v.
- [SCOTX Reverses El Paso Court of Appeals Punitive Damages Award](https://tcjl.com/scotx-reverses-el-paso-court-of-appeals-punitive-damages-award/) - In a somewhat unusual case we reported last October, the Texas Supreme Court has reversed an El Paso Court of Appeals decision reinstating the jury’s punitive damages award after confusion arose over whether the jury reached the required unanimity on the award. Oscar Renda Contracting v. Theodis and Maria Bruce, et al. (No. 22-0889; May 3,
- [Houston [1st] Court of Appeals Orders Recalcitrant Trial Court to Grant TCPA Dismissal of Defamation Suit of Prominent Houston Heart Surgeon Against Houston Chronicle](https://tcjl.com/houston-1st-court-of-appeals-orders-recalcitrant-trial-court-to-grant-tcpa-dismissal-of-defamation-suit-of-prominent-houston-heart-surgeon-against-houston-chronicle/) - ProPublica, Inc., Hearst Newspapers, LLC d/b/a The Houston Chronicle, Charles Ornstein, and Michael Hixenbaugh v. Dr. O. Howard “Bud” Frazier (No. 01-22-00281-CV; April 25, 2024) arose from an investigative report published by the Houston Chronicle alleging that Dr. Frazier, a renowned heart surgeon, had, according to the report’s title, a “secret history of research violations,
- [Houston [1st] Court of Appeals Sides With Pipeline in Landowner Challenge to Eminent Domain Authority](https://tcjl.com/houston-1st-court-of-appeals-sides-with-pipeline-in-landowner-challenge-to-eminent-domain-authority/) - In a case with an odd procedural posture, the Houston [1st] Court of Appeals has affirmed a trial court order granting partial summary judgment to a pipeline company and denying the landowners’ motion for a temporary junction. Right-Way Sand Co. a/k/a Right Way Sand, Inc., RPRS Investments, Ltd., and Adloy LLC v. South Texas Pipelines
- [SCOTX Mandamuses El Paso Trial Court for Denying Defense Motions to Admit Out-of State Attorneys Pro Hoc Vice](https://tcjl.com/scotx-mandamuses-el-paso-trial-court-for-denying-defense-motions-to-admit-out-of-state-attorneys-pro-hoc-vice/) - In a case that left us rolling our eyes over how such an absurdly ridiculous trial court ruling had to be fixed by the highest court in the state, the Texas Supreme Court has (with great restraint) granted mandamus ordering an El Paso trial court to vacate its order denying the defendant’s out-of-state lawyers from
- [SCOTX Grants Mandamus Ordering Trial Court to Dismiss Wrongful Death Case for Forum Non Conveniens](https://tcjl.com/scotx-grants-mandamus-ordering-trial-court-to-dismiss-wrongful-death-case-for-forum-non-conveniens/) - In a case applying the statutory forum non conveniens provision governing personal injury and wrongful death cases, the Texas Supreme Court has held that a Harris County trial court clearly abused its discretion by denying a defendant’s motion to dismiss on forum non conveniens grounds. In re Weatherford International, LLC and Weatherford Services, Ltd. (No.
- [SCOTX Decision Affirms Summary Judgment for Oil and Gas Producer in Suit to Quiet Title, But Remands to Trial Court for Further Proceedings](https://tcjl.com/scotx-decision-affirms-summary-judgment-for-oil-and-gas-producer-in-suit-to-quiet-title-but-remands-to-trial-court-for-further-proceedings/) - The Texas Supreme Court has affirmed a summary judgment in favor of an oil and gas producer who acquired the interests of more than 250 mineral owners in a tax foreclosure sale. At the same time, however, the Court returned the case to the trial court for further proceedings in light of the Court’s recent
- [SCOTX Upholds Pandemic Liability Protection Act in Retroactivity Challenge](https://tcjl.com/scotx-upholds-pandemic-liability-protection-act-in-retroactivity-challenge/) - As we reported last August, SB 6, the Pandemic Liability Protection Act, is the target of federal court litigation seeking to strike down the Act’s retrospective application to March 13, 2020, the date Governor Abbott first declared the emergency. In order to resolve the challenge, the U.S. Fifth Circuit Court of Appeals asked the Texas
- [Corpus Christi Court of Appeals Splits Over Venue in Wrongful Death Case](https://tcjl.com/corpus-christi-court-of-appeals-splits-over-venue-in-wrongful-death-case/) - 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 killed Ernesto Elizondo, a passenger in the truck driven by Rosales. The Elizondos filed wrongful death
- [SCOTX Grants Emergency Stay in Commercial Trucking Case Where Trial Court Imposed Death Penalty Sanctions Against Defendant](https://tcjl.com/scotx-grants-emergency-stay-in-commercial-trucking-case-where-trial-court-imposed-death-penalty-sanctions-against-defendant/) - 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 Newkirk Logistics, Inc. (No. 24-0255) arose from a 2021
- [Houston [1st] Court of Appeals Reverses TC Dismissal for Inadequate Certificate of Merit in Railroad Yard Creosote Contamination Case](https://tcjl.com/houston-1st-court-of-appeals-reverses-tc-dismissal-for-inadequate-certificate-of-merit-in-railroad-yard-creosote-contamination-case/) - 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 Donald Bratton and Donald Mallard, Individually and as Representative of the Estate of Jervie
- [SCOTX Grants Emergency Stay in UIM Case Involving Corporate Representative Deposition](https://tcjl.com/scotx-grants-emergency-stay-in-uim-case-involving-corporate-representative-deposition/) - 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 policy was established or compelled the insurer’s compliance with broad
- [Houston [14th] Court of Appeals Applies TotalEnergies to Enforce Delegation of Arbitrability to Arbitrator in Construction Contract Dispute](https://tcjl.com/houston-14th-court-of-appeals-applies-totalenergies-to-enforce-delegation-of-arbitrability-to-arbitrator-in-construction-contract-dispute/) - 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 Rules, which delegates the issue of arbitrability to the arbitrator rather than
- [SCOTX Remands Nuclear Verdict in Trucking Case to Corpus Christi Court of Appeals](https://tcjl.com/scotx-remands-nuclear-verdict-in-trucking-case-to-corpus-christi-court-of-appeals/) - 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 the trial court. JNM Express, LLC, ANCA Transport, Inc., and Omega Freight Logistics,
- [Houston [1st] Court of Appeals Renders Judgment for Exxon in Chapter 95 Case](https://tcjl.com/houston-1st-court-of-appeals-renders-judgment-for-exxon-in-chapter-95-case/) - Jeremy Souders v. Exxon Mobil Corporation (No. 01-21-00593-CV; April 1, 2024) arose from an accident at Exxon’s Baytown refinery in which Plaintiff was injured when he became pinned between two 30,000-pound heat exchanger bundles. Plaintiff was employed by an independent contractor retained by Exxon to perform crane and rigging operations. On this occasion, Plaintiff was
- [Dallas Court of Appeals Admonishes TC for Refusing to Grant Defendant Jury Trial on Plaintiff’s Attorney’s Fees Claim](https://tcjl.com/dallas-court-of-appeals-admonishes-tc-for-refusing-to-grant-defendant-jury-trial-on-plaintiffs-attorneys-fees-claim/) - 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 Hyperbarics, Inc. (No. 05-23-00053-CV; March 15, 2024) arose from medical
- [Dallas Court of Appeals Affirms TCPA Dismissal of Defamation, Malicious Prosecution Case](https://tcjl.com/dallas-court-of-appeals-affirms-tcpa-dismissal-of-defamation-malicious-prosecution-case/) - 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 members of a homeowners association. After an exchange of bitter words, Goodwin spread a
- [SCOTX Considering Review of Decision Holding That Nonprofit Health Organizations May Be Vicariously Liable for Physician’s Negligence](https://tcjl.com/scotx-considering-review-of-decision-holding-that-nonprofit-health-organizations-may-be-vicariously-liable-for-physicians-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 that employs physicians may be held vicariously liable for the physician’s negligence. Renaissance
- [Dallas Court of Appeals Holds That $25 Million Supersedeas Cap Applies Per Judgment Debtor](https://tcjl.com/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 estimated duration of the appeal, and costs awarded in the
- [San Antonio Court of Appeals Affirms TC Denial of TCPA Motion to Dismiss in Defamation Case](https://tcjl.com/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 members (Dr. Duncan) over repayment of certain Medicare reimbursements for a pain treatment called “Fluid
- [Houston [14th] Court of Appeals Reverses TC Dismissal of Chapter 74 Health Care Liability Claim](https://tcjl.com/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) arose from an unsuccessful laparoscopic sleeve gastrectomy and hiatal hernia repair procedure that resulted in the death of Betty Kosar
- [Biopharmaceutical Company Seeks Mandamus Relief Against Qui Tam Lawsuit Filed by Group of Wall Street Investors](https://tcjl.com/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 claim-preclusion grounds. In re Gilead Sciences, Inc. (No. 24-0281; filed April 10,
- [Corpus Christi Court of Appeals Mandamuses Trial Court for Sitting on Parties’ Summary Judgment Motions for Three Years](https://tcjl.com/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 suit in In re America First Lloyd’s Insurance Company (No. 13-24-00059-CV;
- [In Concurring Opinion, Dallas Court of Appeals Justice Critiques Low Evidentiary Standards for Soft Damages Awards](https://tcjl.com/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 not constitute evidence of those damages. Isaiah Ramirez v. BAM! Pizza Management, Inc. d/b/a
- [SCOTX Reverses Court of Appeals in Jury Charge Error Case Involving Slip and Fall in Grocery Store](https://tcjl.com/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 Randall’s; and Randall’s Food & Drugs, L.P. d/b/a Randall’s v. Maryam Mohammadi (No. 23-0041; April 5, 2024)
- [SCOTX Reverses Court of Appeals Judgment Holding Arbitration Too Cost Prohibitive to Homeowner](https://tcjl.com/scotx-reverses-court-of-appeals-judgment-holding-arbitration-too-cost-prohibitive-to-homeowner/) - Lennar Homes of Texas, Inc.; Lennar Homes of Texas Land and Construction, Ltd.; Lennar Homes of Texas Sales and Marketing, Ltd. v. Mohammad Rafiei (No. 22-0830) arose from a personal injury suit arising from the explosion of a garbage disposal in the homeowner three-year old Lennar home. Plaintiff sought compensatory damages in excess of $1
- [Divided Corpus Christi Court of Appeals Affirms Denial of TCPA Motion to Dismiss](https://tcjl.com/divided-corpus-christi-court-of-appeals-affirms-denial-of-tcpa-motion-to-dismiss/) - Over a vigorous dissent by Justice Benavides, the Corpus Christi Court of Appeals has affirmed a trial court order denying dismissal of defendants’ counterclaim for defamation under the Texas Citizens Participation Act (Ch. 27, CPRC). Michael Neuman, Individually and Deriratively on Behalf of Rockport Area Assocition of Realtors, Inc. v. Keith Hamilton, Gemma Anthony, and
- [Texarkana Court of Appeals Vacates TI Order Granted in Violation of TRCP 683, 684](https://tcjl.com/texarkana-court-of-appeals-vacates-ti-order-granted-in-violation-of-trcp-683-684/) - The Texarkana Court of Appeals has vacated a Bowie County district court’s order granting a temporary injunction to compel an insurer to continue paying an insured’s living expenses. USAA General Indemnity Company v. Kenneth O’Bryant (No. 06-23-00084-CV; January 18, 2024) arose from a lawsuit filed by an insured against USAA for breach of its insurance
- [Austin Court of Appeals Finds No Jurisdiction in Former District Judge’s Appeal from Special Court of Review](https://tcjl.com/austin-court-of-appeals-finds-no-jurisdiction-in-former-district-judges-appeal-from-special-court-of-review/) - The Austin Court of Appeals has dismissed a former Nueces County district judge’s appeal from an order of a special court of review affirming the State Commission on Judicial Conduct’s decision to sanction the judge. In re Inquiry Concerning Honorable Guy Williams (No. 03-24-00120-CV; March 28, 2024) arose from a Judicial Conduct Commission investigation and
- [El Paso Court of Appeals Holds That Limitations Bars Health Care Liability Suit Against Texas Tech](https://tcjl.com/el-paso-court-of-appeals-holds-that-limitations-bars-health-care-liability-suit-against-texas-tech/) - The El Paso Court of Appeals has thrown out a medical malpractice case against Texas Tech Health Science Center in El Paso based on limitations despite plaintiff's claim that SCOTX's emergency COVID-19 order allowed the trial court to extend the deadline. Texas Tech University Health Science Center v. Jaimeson Monroe Lockamy (No. 08-23-00170-CV; February 27,
- [Corpus Christi Court of Appeals Declines to Vacate New Trial Order Where Defense Attorney Argued That Plaintiffs Engaged in “Attorney Shakedown”](https://tcjl.com/corpus-christi-court-of-appeals-declines-to-vacate-new-trial-order-where-defense-attorney-argued-that-plaintiffs-engaged-in-attorney-shakedown/) - In re Space Exploration Technologies Corp. and Lauren Krueger (No. 13-24-00042-CV; March 28, 2024) arose from a personal injury lawsuit stemming from an automobile accident. The case went to a jury, which found defendant Krueger was negligent but not acting within the course and scope of her employer, Space Technologies, when the accident occurred. The
- [Houston [14th] Court of Appeals Orders Winter Storm Uri MDL Judge to Dismiss Some Plaintiff Claims in Bellwether Suits Against Transmission and Distribution Utilities](https://tcjl.com/houston-14th-court-of-appeals-orders-winter-storm-uri-mdl-judge-to-dismiss-some-plaintiff-claims-in-bellwether-suits-against-transmission-and-distribution-utilities/) - In another chapter of the ongoing litigation triggered by the effects of Winter Storm Uri, the Houston [14th] Court of Appeals has partially granted the utilities’ petition for writ of mandamus to order the MDL pretrial judge to grant their Rule 91a motions to dismiss. In re Oncor Electric Delivery Co. LLC; Oncor Electric Deliverty
- [San Antonio Court of Appeals Affirms Defense Summary Judgment in Death Case](https://tcjl.com/san-antonio-court-of-appeals-affirms-defense-summary-judgment-in-death-case/) - The San Antonio Court of Appeals has upheld a Webb County trial court’s summary judgment in favor of oil and gas producers in a personal injury suit stemming from the death of an employee. Enrique Orta, III, Individually and as Representative of the Estate of Enrique Orta, H. Ramona E. Moreno and Sabrina Orta v.
- [Beaumont Court of Appeals Reverses Plaintiff’s Judgment in Trucking Accident Case](https://tcjl.com/beaumont-court-of-appeals-reverses-plaintiffs-judgment-in-trucking-accident-case/) - The Beaumont Court of Appeals has reversed a $9 million judgment against the driver/owner of a commercial truck in a wrongful-death suit. Curtis Adair d/b/a CK Trucking v. Troy Chapla and Kelly Maningas, Individually and as Wrongful Death Beneficiaries, and on behalf of the Estate of Marley Chapla, Deceased (No. 09-21-00372-CV; February 22, 2024) arose
- [SCOTX Grants Emergency Stay in Case Involving Discovery Order to Turn Over Federally-Protected Health Care Information](https://tcjl.com/scotx-grants-emergency-stay-in-case-involving-discovery-order-to-turn-over-federally-protected-health-care-information/) - In at least the third case we have seen in the past few weeks, the Texas Supreme Court has paused proceedings in a case in which a trial court has ordered a party to respond to discovery in a way that implicates federal constitutional or statutory rights. In re Blake Joel Robbins (No. 24-0145; stay
- [Houston [1st] Court of Appeals Affirms TC Denial of Chapter 74 Claim for Failure to Serve Expert Report, But Defense Fails to Get Mandatory Attorney’s Fees](https://tcjl.com/houston-1st-court-of-appeals-affirms-tc-denial-of-chapter-74-claim-for-failure-to-serve-expert-report-but-defense-fails-to-get-mandatory-attorneys-fees/) - In Andria Solomon v. Rosemary Buckle, Nicole D. Ches, and HCA Health Services of Texas, Inc. (No. 01-23-00349-CV; March 14, 2024), Plaintiff sued health care providers Buckle and Ches, as well as their employer HCA, for negligence. She alleged that Buckle, who performed the examination, submitted a false attending physician’s statement to her insurer, which
- [Corpus Christi Court of Appeals Upholds Arbitration Clause in Home Purchase Agreement Against Waiver Claim](https://tcjl.com/corpus-christi-court-of-appeals-upholds-arbitration-clause-in-home-purchase-agreement-against-waiver-claim/) - The Corpus Christi Court of Appeals has reversed a trial court order denying a homebuilder’s plea of abatement and motion to compel arbitration, despite a significant delay in the defense prosecution of the case. McMillin Texas Homes, LLC d/b/a Texas Homes v. Christopher Oliver and Germaine Oliver (No. 13-23-00286-CV; February 8, 2024) stemmed from a
- [Houston [1st] Court of Appeals Shuts Down Impermissible Discovery Demanded by Landowner in Condemnation Dispute with Pipeline](https://tcjl.com/houston-1st-court-of-appeals-shuts-down-impermissible-discovery-demanded-by-landowner-in-condemnation-dispute-with-pipeline/) - In another episode of the long-running litigation saga pitting HSC Pipeline against the Hlavinka land interests, the Houston [1st] Court of Appeals has conditionally issued HSC’s petition for writ of mandamus barring the Hlavinkas from compelling discovery of the cost, revenue, and profitability of HSC’s pipeline. If this case sounds familiar, it should. TCJL filed
- [Fort Worth Court of Appeals Rejects Res Ipsa Theory in Suit Against Airline](https://tcjl.com/fort-worth-court-of-appeals-rejects-res-ipsa-theory-in-suit-against-airline/) - The Fort Worth Court of Appeals has affirmed a trial court order granting summary judgment in favor of defendant airline where plaintiff pleaded negligence per se (res ipsa loquitor). Robert Steven Ritchey v. American Airlines Group, Inc. and American Airlines, Inc. (No. 02-23-00215-CV; February 8, 2024) stemmed from plaintiff’s claim that the earbuds he was
- [Dallas Court of Appeals Affirms Dismissal of Product Liability Suit for Failure to Serve a Compliant Certificate of Merit](https://tcjl.com/dallas-court-of-appeals-affirms-dismissal-of-product-liability-suit-for-failure-to-serve-a-compliant-certificate-of-merit/) - Logical Systems, Inc. d/b/a Logical Systems, LLC v. Edgar Berrios, Individually and As Next Friend of CA.B., Cesar Berrios, and Estela A Quintos Lopez (No. 05-23-00662-CV; February 9, 2024) arose from an accident in which Plaintiff Edgar Berrios’s arm was severed while using a machine designed by Logical Systems and other defendants. Plaintiffs alleged that
- [SCOTX Grants Emergency Stay in Non-Subscriber Case Where Employer Invokes Chapter 33 Proportionate Responsibility](https://tcjl.com/scotx-grants-emergency-stay-in-non-subscriber-case-where-employer-invokes-chapter-33-proportionate-responsibility/) - The Texas Supreme Court has issued an emergency stay in a case in which the trial court struck a non-subscriber’s designation of responsible third parties in a negligence lawsuit brought by the non-subscriber’s employee. In re East Texas Medical Center Athens (No. 23-1039; stay issued March 15, 2024) arose from a workplace injury allegedly suffered
- [SCOTX Hears Oral Arguments in Discovery Dispute Involving Health Care Liability Claim](https://tcjl.com/scotx-hears-oral-arguments-in-discovery-dispute-involving-health-care-liability-claim/) - The Texas Supreme Court will hear oral arguments this morning in In re Khurso Rashid, M.D. (No. 23-0414) a petition for writ of mandamus arising from a Chapter 74, CPRC, health care liability case. In the underlying suit, Anna Marie Moreno, et al. v. New San Antonio Specialty Hospital, LLC, et al. (No. 2020-CI-09445, 73rd
- [SCOTX Holds That City Cannot Delegate Veto Power Over Changes in City Ordinance to Retirement Fund Board](https://tcjl.com/scotx-holds-that-city-cannot-delegate-veto-power-over-changes-in-city-ordinance-to-retirement-fund-board/) - The Texas Supreme Court has held that a city cannot delegate authority to a third-party to veto changes in a city ordinance. The City of Dallas v. The Employees’ Retirement Fund of the City of Dallas (No. 22-0102; March 15, 2024) arose from a long-running dispute between the city and the fund efforts to bring
- [SCOTX Reverses San Antonio Court of Appeals Decision in Wrongful Death Case Against Railroad and Private Landowner](https://tcjl.com/scotx-reverses-san-antonio-court-of-appeals-decision-in-wrongful-death-case-against-railroad-and-private-landowner/) - The Texas Supreme Court has reversed a San Antonio Court of Appeals decision and reinstated a trial court order granting summary judgment in favor of the railroad company in a wrongful death claim. Lonestar Resources, Inc., Ezra Alderman Ranches, Inc., and Union Pacific Railroad Company v. Elsa Prado, Individually and as Representative of the Estate
- [SCOTX Denies Review in Controversial Chapter 74 Expert Report Case](https://tcjl.com/scotx-denies-review-in-controversial-chapter-74-expert-report-case/) - The Texas Supreme Court has denied review in a Chapter 74 health care liability case that split the Corpus Christi Court of Appeals right down the middle. Elizar Costilla, Individually and as the Representative of the Estate of Kristy Renee Costilla, Deceased, and as Next Friend of A.J.C. and C.K.C., Minors; Melinda Rodriguez Leal; and
- [Divided Dallas Court of Appeals Holds (Incredibly) That a Tornado is Not a Windstorm](https://tcjl.com/divided-dallas-court-of-appeals-holds-incredibly-that-a-tornado-is-not-a-windstorm/) - In an opinion that borders on the bizarre, a split Dallas Court of Appeals panel has held that a homeowners insurance policy with a special deductible for damage caused by a “windstorm” does not apply to damage caused by a tornado. That was the dispute in Jeff Mankoff and Staci Mankoff v. Privilege Underwriters Reciprocal
- [Divided Austin Court of Appeals Reverses TC Summary Judgment Severing Plaintiff’s Vicarious Liability Claim Against Driver’s Employer in Trucking Case](https://tcjl.com/divided-austin-court-of-appeals-reverses-tc-summary-judgment-severing-plaintiffs-vicarious-liability-claim-against-drivers-employer-in-trucking-case/) - Over a vigorous dissent, the Austin Court of Appeals has reversed a trial court order granting summary judgment and severing Plaintiff’s vicarious liability claim against a truck driver’s employer. Sarah Cook v. Texas Highway Walls, LLC (No. 03-22-00736-CV; February 16, 2024) arose from a rear-end collision that occurred on Capitol of Texas Highway in Travis
- [In Case of First Impression, Houston [14th] Court of Appeals Reverses Asbestos MDL Court’s Defense Ruling on Summary Judgment Motion](https://tcjl.com/in-case-of-first-impression-houston-14th-court-of-appeals-reverses-asbestos-mdl-courts-defense-ruling-on-summary-judgment-motion/) - In a case of first impression, the Houston [14th] Court of Appeals has reversed an Asbestos MDL pre-trial court order granting a no-evidence summary judgment in an asbestosis case. Frank Burford, Individually and as Representative of the Heirs and Estate of Carolyn Burford, Deceased; Wesley Burford, Individually, and Leslie Schell, Individually v. Howmet Aerospace, Inc.,
- [SCOTX Grants Rehearing in Dispute Between San Antonio Auto Dealer, Distributor, and Texas Department of Motor Vehicles](https://tcjl.com/scotx-grants-rehearing-in-dispute-between-san-antonio-auto-dealer-distributor-and-texas-department-of-motor-vehicles/) - In late September of last year, the Texas Supreme Court denied the petition for review of an El Paso Court of Appeals decision in favor of the Texas Department of Motor Vehicles and Hyundai Motor America in suit brought by a franchisee. The denial triggered a strong amicus response from the Texas Automobile Dealers Association
- [ExxonMobil Prevails in Statutory Employer Case Before Houston [14th] Court of Appeals](https://tcjl.com/exxonmobil-prevails-in-statutory-employer-case-before-houston-14th-court-of-appeals/) - In a case stemming from a 2019 fire and explosion at ExxonMobil’s Baytown Olefins Plant, the Houston [14th] Court of Appeals has reversed a trial court order denying Exxon’s motion for summary judgment based on the exclusive remedy defense. ExxonMobil Corporation v. Jon Alvarez, et al.; Carlos Burgoin, et al.; and Efrain Flores-Rodriguez, et al.
- [Austin Court of Appeals Affirms Defense Judgment for Oil and Gas Producers in Saltwater Injection Well Failure Case](https://tcjl.com/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) arose from the failure of a saltwater-disposal well on the Lees’ ranch in Coke
- [San Antonio Court of Appeals Affirms Favorable Defense Verdict on Damages in Trucking Case](https://tcjl.com/san-antonio-court-of-appeals-affirms-favorable-defense-verdict-on-damages-in-trucking-case/) - In yet another commercial trucking case, the San Antonio Court of Appeals has rejected the plaintiff’s appeal of a jury verdict that awarded past medical expenses but zero damages for past physical pain, mental anguish, or any other element of damages. Richard Parker v. RAD Trucking, Ltd. (No. 04-22-00656-CV; February 14, 2024) arose from a
- [SCOTX Holds That “Imperfect” Medical Authorization Form Still Triggers 75-Day Tolling Provision in Chapter 74 Health Care Liability Claim](https://tcjl.com/scotx-holds-that-imperfect-medical-authorization-form-still-triggers-75-day-tolling-provision-in-chapter-74-health-care-liability-claim/) - The Texas Supreme Court has reversed a Beaumont Court of Appeals decision holding that a defective Chapter 74 medical authorization form filed with the required notice of claim did not trigger the 75-day tolling period for a health care liability claim. In Dorothy Hampton v. Leonard Thome (No. 23-0435; March 8, 2024), the court of appeals reversed
- [Fort Worth Court of Appeals Holds TCPA Inapplicable to Declaratory Judgment Action Challenging Constitutionality of SB 8](https://tcjl.com/fort-worth-court-of-appeals-holds-tcpa-inapplicable-to-declaratory-judgment-action-challenging-constitutionality-of-sb-8/) - Joining the Austin Court of Appeals, the Fort Worth Court of Appeals has held that the Texas Citizens Participation Act (Ch. 27, CPRC) cannot be used to shut down an abortion fund’s constitutional challenge to SB 8, the so-called “Hearbeat Act.” As you may recall, Sadie Weldon v. The Lilith Fund for Reproductive Equity (No.
- [Dallas Court of Appeals Reverses County Court At Law Dismissal of Landlord’s Eviction Action for Abuse of Discretion](https://tcjl.com/dallas-court-of-appeals-reverses-county-court-at-law-dismissal-of-landlords-eviction-action-for-abuse-of-discretion/) - A routine landlord-tenant dispute is not something we would ordinarily report, but we note this one out of the Dallas Court of Appeals because it appears to involve a county court at law’s blatant disregard of the law or an egregious misunderstanding of it. Either way, this case should never have showed up on the
- [Houston [14th] Court of Appeals Mandamuses TC for Granting Plaintiff’s Massive Discovery Request Prior to Hearing on Defense Motion to Compel Arbitration](https://tcjl.com/houston-14th-court-of-appeals-mandamuses-tc-for-granting-plaintiffs-massive-discovery-request-prior-to-hearing-on-defense-motion-to-compel-arbitration/) - In re Energy Transfer LP, Enable Midstream Partners, LP, and Enable GP, LLC (No. 14-23-00479-CV; February 6, 2024) arose from a personal injury action brought by an employee of the relators. At the time of his employment, Plaintiff signed an employment agreement containing an arbitration provision. Relators moved to compel arbitration and requested a hearing,
- [Corpus Christi Court of Appeals Kicks Insufficient Chapter 74 Expert Report Back to Trial Court](https://tcjl.com/corpus-christi-court-of-appeals-kicks-insufficient-chapter-74-expert-report-back-to-trial-court/) - The Corpus Christi Court of Appeals has reversed and remanded a trial court ruling denying a health care provider’s motion to dismiss for failure to comply with the expert report requirement of § 74.351, CPRC. Dr. Nolan Perez and Gasterenterology Consultants of South Texas, PLLC v. Elizabeth Hanawa and Ben Hanawa (No. 13-23-00234-CV; February 29,
- [El Paso Court of Appeals Upholds Exclusion of Defense Video Evidence in Trucking Case](https://tcjl.com/el-paso-court-of-appeals-upholds-exclusion-of-defense-video-evidence-in-trucking-case/) - National Oil Well Varco, LP and Kenneth Beauford v. Elmer Sanchez (No. 08-23-00096-CV; February 9, 2024) arose from a rear-end collision in which company truck rear-ended Plaintiff’s vehicle. After declining medical assistance at the scene, Plaintiff proceeded to a birthday dinner. The following day he reported soreness and tingling in his hand, but waited until
- [Dallas Court of Appeals Upholds Limitations Defense in Toxic Mold Case](https://tcjl.com/dallas-court-of-appeals-upholds-limitations-defense-in-toxic-mold-case/) - Marisa Laserna v. BW Ventana LLC and South Oxford Management LLC (No. 05-21-01191; February 16, 2024) involved a personal injury claim arising from alleged exposure to toxic mold. She rented an apartment from landlord in July 2019 and began feeling ill. On June 1, 2020 she visited a hospital emergency room with breaching difficulties, after
- [Dallas Court of Appeals Affirms Summary Judgment in Workers’ Compensation Exclusive Remedy Case](https://tcjl.com/dallas-court-of-appeals-affirms-summary-judgment-in-workers-compensation-exclusive-remedy-case/) - The Dallas Court of Appeals has upheld a trial court order granting summary judgment in favor of an employer based on the exclusive remedy of workers’ compensation. Santa Trevino and Cesar Trevino v. Jalapeno Tree Operating, LLC (No. 05-23-00086-CV; February 21, 2024) arose from injuries suffered by an employee who slipped and fell while on
- [Citing Lyle Lovett, Amarillo Court of Appeals Affirms TC Grant of Special Appearances to Canadian Entities](https://tcjl.com/citing-lyle-lovett-amarillo-court-of-appeals-affirms-tc-grant-of-special-appearances-to-canadian-entities/) - In an entertaining and somewhat offbeat opinion citing no less an authority on Texas than Lyle Lovett, the Amarillo Court of Appeals has affirmed a trial court order granting special appearances by two Canadian parties in a dispute with a Texas business. ER Software Canada ULC v. Interdev Technologies Corporation and Valsoft Corporation Inc. (No.
- [In Concurring Opinion Justice Young Calls for Judgment Rendition Reform](https://tcjl.com/in-concurring-opinion-justice-young-calls-for-judgment-rendition-reform/) - Concurring in an opinion in which the Texas Supreme Court held that a judgment sent by e-mail to each party’s attorney in a divorce case was not “rendered” because it was not “publicly” announced, Justice Evan Young has called for an overhaul of the tripartite process in which judgments must be rendered, signed, and entered
- [San Antonio Court of Appeals Mandamuses Trial Court for Improperly Granting New Trial to Plaintiff in Personal Injury Action](https://tcjl.com/san-antonio-court-of-appeals-mandamuses-trial-court-for-improperly-granting-new-trial-to-plaintiff-in-personal-injury-action/) - The San Antonio Court of Appeals has conditionally granted a defendant’s petition for writ of mandamus against a Karnes County trial court that granted a prevailing plaintiff a new trial, presumably because the jury did not award enough damages. In re Spotted Lakes, LLC d/b/a 1845 Oil Field Services (No. 04-23-00815-CV; February 7, 2024) stemmed
- [SCOTX Holds That Settlement Means Settlement, Rejecting Plaintiff’s Attempt to Evade Application of the Settlement Credit](https://tcjl.com/scotx-holds-that-settlement-means-settlement-rejecting-plaintiffs-attempt-to-evade-application-of-the-settlement-credit/) - Cracking the whip on an effort to evade the one-satisfaction rule, the Texas Supreme Court has held that a settlement agreement with an agreed judgment of $1.9 million, most of which will be paid prospectively, if at all, can be claimed by a non-settling defendant in a lawsuit involving the same parties. Bay, Ltd. v.
- [Houston [14th] Court of Appeals Reverses TC Denial of Arbitration in Personal Injury Case](https://tcjl.com/houston-14th-court-of-appeals-reverses-tc-denial-of-arbitration-in-personal-injury-case/) - The Houston [14th] Court of Appeals has reversed a trial court order denying a defendant business’s motion to compel arbitration of a personal injury claim. Pearland Urban Air, LLC v. Abigail Delila Cerna a/n/f of R.W. (No. 14-23-00090-CV; February 8, 2024) stemmed from an injury suffered by Plaintiff’s son while jumping on a trampoline at
- [San Antonio Court of Appeals Affirms Dismissal of SB 8 Lawsuit](https://tcjl.com/san-antonio-court-of-appeals-affirms-dismissal-of-sb-8-lawsuit/) - The San Antonio Court of Appeals has affirmed a trial court order dismissing a lawsuit brought against a physician under SB 8. Felipe N. Gomez v. Alan Braid (No. 04-22-00829-CV; February 21, 2024) arose from one of the state’s first lawsuits seeking a $10,000 award from a defendant for allegedly aiding or abetting an illegal
- [SCOTX Rules for Lenders in Statute of Limitations Case on Certified Question from Fifth Circuit](https://tcjl.com/scotx-rules-for-lenders-in-statute-of-limitations-case-on-certified-question-from-fifth-circuit/) - In a case of great interest to lenders, the Texas Supreme Court responded to a certified question from the U.S. Fifth Circuit Court of Appeals regarding the application of Texas’ four-year statute of limitations to real property liens under § 16.035, CPRC. Linda Moore; Thomas Moore, Jr. v. Wells Fargo Bank, National Association, as trustee
- [Corpus Christi Court of Appeals Affirms Defense Judgment in Landowner Suit Against Oil Producer](https://tcjl.com/corpus-christi-court-of-appeals-affirms-defense-judgment-in-landowner-suit-against-oil-producer/) - The Corpus Christi Court of Appeals has affirmed a trial court order dismissing a landowner’s claims that an oil and gas producer breached its lease agreement and trespassed on the owner’s property when it sited a pad for a horizontal well. Lloyd Michael Hamilton v. Conocophillps Co. and Burlington Resources Oil and Gas Co., LP
- [SCOTX Accepts Certified Question from Fifth Circuit in TCEQ Permitting Case](https://tcjl.com/scotx-accepts-certified-questions-from-fifth-circuit-in-tceq-permitting-case/) - The Texas Supreme Court has agreed to respond to a certified question from the U.S. Fifth Circuit Court of Appeals in an important case involving the interpretation of “best available control technology” (BACT) for purposes of permitting facilities under the Clean Air Act. Port Arthur Community Action Network v. Texas Commission on Environmental Quality; Jon
- [Fort Worth, Dallas Courts of Appeals Affirm TC Denials of TCPA Motions to Dismiss](https://tcjl.com/fort-worth-dallas-courts-of-appeals-affirm-tc-denials-of-tcpa-motions-to-dismiss/) - In a pair of decisions arising from contractual disputes, the Fort Worth and Dallas Courts of Appeals have affirmed trial court orders denying motions to dismiss under the Texas Citizens Participation Act. The first case, Carl and Patricia Johnson v. Windsong Ranch Community, Association, Inc. (02-23-00385-CV; February 22, 2024) involved a dispute between a homeowners’
- [SCOTX Gives Insurers Partial Relief in Dispute Over Settlement Agreement in Securities Fraud Case](https://tcjl.com/scotx-gives-insurers-partial-relief-in-dispute-over-settlement-agreement-in-securities-fraud-case/) - The Texas Supreme Court has granted in part a petition for writ of mandamus in a massive securities fraud case involving an energy company accused of paying bribes to the Angolan government in exchange for offshore drilling concessions, an international investment brokerage house that backed the company, and the company’s dozen or so insurance carriers.
- [SCOTX Sides With Commissioner of Education in Dispute With ISD Over Detachment of Real Property](https://tcjl.com/scotx-sides-with-commissioner-of-education-in-dispute-with-isd-over-detachment-of-real-property/) - The Texas Supreme Court has upheld the Commissioner of Education’s jurisdiction to resolve a dispute between school districts over the detachment of real property from one district in favor of another. SCOTX’s decision reversed a contrary ruling by the Waco Court of Appeals. Mike Morath, Commissioner of Education for the State of Texas; Bellpas, Inc.;
- [Dallas Court of Appeals Applies Economic Loss Rule to Reverse Negligence Judgment](https://tcjl.com/dallas-court-of-appeals-applies-economic-loss-rule-to-reverse-negligence-judgment/) - Applying the economic loss rule, the Dallas Court of Appeals has reversed a $1.5 million negligence judgment for the plaintiff in an action for tort and contract damages. House of Raeford Farms, Inc., Ozark Mountain Poultry, Inc., and Fieldale Farms Corporation v. SOMMA Food Group, LLC (No. 05-22-01231-CV; February 2, 2024) arose from a contract
- [SCOTX Hears Arguments in Important Post-Dubai Case Arising Out of Property Tax Dispute](https://tcjl.com/scotx-hears-arguments-in-important-post-dubai-case-arising-out-of-property-tax-dispute/) - The Texas Supreme Court today will hear oral arguments in case involving Travis Central Appraisal District’s effort to reverse the appraisal review board’s decision to reduce the 2019 appraised value of a Texas Disposal Systems’ landfill from $21.2 million to $2.8 million. In Travis Central Appraisal District v. Texas Disposal Systems Landfill, Inc. (No. 03-20-00122-CV, __ S.W.3d
- [SCOTX Reconsidering Denial of Mandamus in Discovery Dispute Involving Child Pornography](https://tcjl.com/scotx-reconsidering-denial-of-mandamus-in-discovery-dispute-involving-child-pornography/) - Last month a deeply divided Texas Supreme Court lifted an emergency stay and denied the relator’s petition for a writ of mandamus to block a trial court order compelling her to turn over a video to opposing counsel’s lawyer that she asserts could expose her to federal criminal prosecution. After hearing from several amici, including
- [SCOTX Set to Hear Arguments in Governmental Immunity Case Arising Out of Car Wreck During Police Chase](https://tcjl.com/scotx-set-to-hear-arguments-in-governmental-immunity-case-arising-out-of-car-wreck-during-police-chase/) - Tomorrow the Texas Supreme Court will hear oral arguments in The City of Austin v. Noel Powell (No. 22-0662; review granted January 26, 2024), which arose from a collision between a motorist and two Austin Police Department officers engaged in a high speed chase. The injured motorist sued the City of Austin, asserting negligence. The
- [San Antonio Court of Appeals Affirms $20,000 Attorney’s Fee Award in UIM Case Involving $823 in Damages, Less Than Settlement Offer by Insurer](https://tcjl.com/san-antonio-court-of-appeals-affirms-20000-attorneys-fee-award-in-uim-case-involving-823-in-damages-less-than-settlement-offer-by-insurer/) - n a case that raises more questions about the effects of the Texas Supreme Court’s decision in Allstate Ins. Co. v. Irwin, 627 S.W.3d 263 (Tex. 2021), the San Antonio Court of Appeals has upheld a significant attorney’s fee award in a UDJA action for UIM benefits, even though the jury ultimately awarded less than
- [Vote for Texas Judges!](https://tcjl.com/vote-for-texas-judges/) - 2024 Texas Judicial Appellate Seats on the Ballot Candidate Side-by-Side Comparisons See Texas Judicial Candidate Comparisons www.texasjudges.org Judicial races are “down ballot.” What this means is that they’re typically at the end of a very long list of items needing voters’ attention. The Texas Civil Justice League is reminding Texans that ballot fatigue is bad
- [Dallas Court of Appeals Denies ExxonMobil’s Mandamus Petition Challenging TC’s Forum Non Conveniens Ruling](https://tcjl.com/dallas-court-of-appeals-denies-exxonmobils-mandamus-petition-challenging-tcs-forum-non-conveniens-ruling/) - The Dallas Court of Appeals has denied ExxonMobil’s petition for writ of mandamus alleging that a Dallas County court at law abused its discretion when it denied the company’s motion to dismiss on grounds of forum non conveniens. In re Exxon Mobil Corporation (No. 05-23-01219-CV; February 13, 2024) arose from a personal injury lawsuit brought
- [Houston [14th] Court of Appeals Affirms Summary Judgment in Favor of Insurers in Insured’s COVID-Related Business Interruption Claim](https://tcjl.com/houston-14th-court-of-appeals-affirms-summary-judgment-in-favor-of-insurers-in-insureds-covid-related-business-interruption-claim/) - Baylor College of Medicine v. XL Insurance America, Inc. and Ace American Insurance Company (No. 14-22-00145-CV; February 6, 2024) stemmed from the COVID-19 pandemic. When the pandemic forced Baylor to close or dramatically reduce operations to combat the community spread of the disease, it filed a claim with its insurers for business interruption. The insurers
- [Amarillo Court of Appeals Affirms Judgment Against TxDOT in Motorcyle Accident Case](https://tcjl.com/amarillo-court-of-appeals-affirms-judgment-against-txdot-in-motorcyle-accident-case/) - The Amarillo Court of Appeals has held that the Texas Tort Claims Act’s limitation on a governmental entity’s liability in a premises liability case did not apply because TxDOT created a special defect on an I-35 frontage road that caused plaintiff’s accident. Texas Department of Transportation v. David P. Sonefeld (No. 07-22-00307-CV; delivered December 21,
- [TCJL Journal - Spring 2024](https://tcjl.com/tcjl-journal-spring-2024/) - Highlights of the TCJL Journal Spring 2024 Chairman’s Column 2023 Awards George Christian Award: Tribute to Chief Justice Nathan Hecht Rob Looney Award to Chairman Jeff Leach Super Staffer Awards: Recognizing Outstanding Legislative Staff • Lauren Young • Drew Tedford • Andrea Stingley 88th Legislative Session Report 2023 Part 1: TCJL Priority Bills Passed in
- [TCJL Journal - Summer 2021](https://tcjl.com/tcjl-journal-summer-2021/) - Highlights of the TCJL Journal TCJL 2021 Legislators of the Year • Senator Kelly Hancock (R-North Richland Hills) • Senator Brian Birdwell (R-Granbury) • Senator Lois Kolkhorst (R-Brenham) • Representative DeWayne Burns (R-Cleburne) • Representative Joe Deshotel (D-Beaumont) • Representative Reggie Smith (R-Sherman) 2021 Session Report • Judicial Reform • Tort Liability • Medical Liability
- [Austin Court of Appeals Reverses TC Dismissal on Forum Non Conveniens Grounds](https://tcjl.com/austin-court-of-appeals-reverses-tc-dismissal-on-forum-non-conveniens-grounds/) - The Austin Court of Appeals has reversed a Llano County district court’s order dismissing a lawsuit on forum non conveniens grounds. Lucus Kirkpatrick and Calibrated Addiction, LLC v. Custom Tuning Team, Inc. and Robert Ivey (No. 03-22-00093-CV; January 5, 2024) arose from a contract dispute between two businesses. Kirkpatrick and Ivey, the owners of Calibrated,
- [SCOTX Grants Emergency Relief in Case Involving Potential Discovery Abuse](https://tcjl.com/scotx-grants-emergency-relief-in-case-involving-potential-discovery-abuse/) - As seems to be happening a little too frequently in recent times, the Texas Supreme Court has granted a temporary stay of a Travis County probate judge’s discovery order while it considers the Relator’s petition for writ of mandamus. In re Terry Richardson (No. 24-0086; granted February 5, 2024) arose from a breach of fiduciary
- [Eastland Court of Appeals Throws Out Medical Malpractice Lawsuit Where Plaintiff Filed Expert Reports But Didn’t Serve Them on Defendants](https://tcjl.com/easland-court-of-appeals-throws-out-medical-malpractice-lawsuit-where-plaintiff-filed-expert-reports-but-didnt-serve-them-on-defendants/) - Abilene Regional Medical Center and Brian Ganesh, M.D. v. Eugenia Fae Prince, Individually and on Behalf of All Wrongful Death Beneficiaries, and as Personal Representative of the Estate of Elton Pierce (No. 11-23-00027-CV; February 8, 2024) arose from the death of Elton Pierce from cardiac arrest three days after his admission to Abilene Regional for
- [El Paso Court of Appeals Holds That Federal Arbitration Act Exemption for Transportation Workers Applies to Commercial Truck Driver in Employment Dispute](https://tcjl.com/el-paso-court-of-appeals-holds-that-federal-arbitration-act-exemption-for-transportation-workers-applies-to-commercial-truck-driver-in-employment-dispute/) - The El Paso Court of Appeals has affirmed a trial court’s denial of a trucking company’s motion to compel arbitration in an employment dispute with one of its drivers. Arrow Freight Management, Inc. v. Ruben Contreras (No. 08-23-00082-CV; January 18, 2024) stemmed from a personal injury lawsuit brought by Contreras, a truck driver for Arrow,
- [Dallas Court of Appeals Rules That Cities Have No Cause of Action Against Streaming Providers for Not Paying Franchise Fees](https://tcjl.com/dallas-court-of-appeals-rules-that-cities-have-no-cause-of-action-against-streaming-providers-for-not-paying-franchise-fees/) - The Dallas Court of Appeals has ordered a Dallas County district court to dismiss under Rule 91a a lawsuit brought by dozens of Texas cities against streaming giants Disney, Netflix, and Hulu. In In re Disney DTC, LLC n/k/a Disney Platform Distribution, Inc., Hulu LLC, and Netflix, Inc. (No. 05-23-00485-CV; January 31, 2024), 31 Texas
- [SCOTX Declines to Review Fort Worth Court of Appeals Decision Declaring Eight-Liners Unconstitutional](https://tcjl.com/scotx-declines-to-review-fort-worth-court-of-appeals-decision-declaring-eight-liners-unconstitutional/) - The Texas Supreme Court declined to review a Fort Worth Court of Appeals decision ruling that eight-liner machines are unconstitutional under Art. III, § 47, which affirmatively requires the Legislature to pass laws prohibiting lotteries. Barring a contradictory decision from another court of appeals, which would require SCOTX to break the tie, allowing the ruling
- [Amarillo Court of Appeals Dismisses Medical Malpractice Case for Lack of Expert Report](https://tcjl.com/amarillo-court-of-appeals-dismisses-medical-malpractice-case-for-lack-of-expert-report/) - On a visit to an emergency care clinic, a child received a Bicillin injection in her thigh to treat strep throat. The physician assistant on duty prescribed the injection, which was administered by a medical assistant. The child had adverse reactions in her leg and foot and was transferred to the hospital. She subsequently had
- [SCOTX to Fifth Circuit: No Attorney’s Fees under Ch. 542A When Insurer Pays Appraisal Award Plus Interest](https://tcjl.com/scotx-to-fifth-circuit-no-attorneys-fees-under-ch-542a-when-insurer-pays-appraisal-award-plus-interest/) - 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 (HB 1774). As you recall, the amendments responded to the spiraling costs of settling
- [Austin Court of Appeals Mandamuses Trial Court for Denying Defense Motion to Discover Plaintiff’s Pre-Existing Medical Treatment](https://tcjl.com/austin-court-of-appeals-mandamuses-trial-court-for-denying-defense-motion-to-discover-plaintiffs-pre-existing-medical-treatment/) - In re Westside Roofing, LLC and Paul Scott Lowery (No. 03-23-00219-CV; January 5, 2024) arose from a commercial trucking case in which plaintiff alleged neck and back injuries from a collision with a roofing company’s pickup truck. Plaintiff asserted negligence and gross negligence against the employee driver and against the employer under a respondeat superior
- [Houston [1st] Court of Appeals Affirms Grant of Special Appearance in Contract Dispute Involving Forum Selection Clause](https://tcjl.com/houston-1st-court-of-appeals-affirms-grant-of-special-appearance-in-contract-dispute-involving-forum-selection-clause/) - Aggreko, LLC v. Bronxcare Health System, Formerly Known as the Bronx-Lebanon Hospital Center (No. 01-22-0052-CV; issued January 23, 2024) arose from a fatal accident on the premises of the hospital. In 2012 the hospital, a non-profit New York entity, rented a chiller from Aggreko, which was incorporated in Delaware and had its principal place of
- [SCOTX Denies Review of Dallas Court of Appeals Decision Affirming Jury’s No Negligence Finding for Physician](https://tcjl.com/scotx-denies-review-of-dallas-court-of-appeals-decision-affirming-jurys-no-negligence-finding-for-physician/) - The Texas Supreme Court has declined to review a case from the Dallas Court of Appeals in which a Collin County jury found a physician who left a sponge in plaintiff’s abdominal cavity after surgery was not negligent. In Emily Abney-Acosta v. Robert Santaella, M.D. (No. 05-22-00813-CV; October 23, 2023; petition denied January 12, 2024),
- [En Banc Houston [1st] Court of Appeals Holds No Governmental Immunity in Tort Claims Act Case](https://tcjl.com/en-banc-houston-1st-court-of-appeals-holds-no-governmental-immunity-in-tort-claims-act-case/) - Acting en banc, the Houston [1st] Court of Appeals has held that the City of Houston does not have immunity from a lawsuit brought by a citizen who was injured when a city councilmember riding in a golf cart accidentally hit the gas pedal and ran into him. City of Houston v. John Anthony Branch
- [Houston [14th] Court of Appeals Upholds Animal Health Commission White-Tailed Deer Quarantine Authority](https://tcjl.com/houston-14th-court-of-appeals-upholds-animal-health-commission-white-tailed-deer-quarantine-authority/) - The Houston [14th] Court of Appeals has upheld the Texas Animal Health Commission’s authority to order a landowner to quarantine a herd of white-tailed deer to prevent the spread of chronic wasting disease. RW Trophy Ranch, Ltd. and Robert Williams v. Texas Animal Health Commission; Andy Schwartz, DVM, Executive Director; and Texas Parks & Wildlife
- [SCOTX Grants Emergency Stay of OAG’s Attempt to Take Apex Deposition of Mark Zuckerberg](https://tcjl.com/scotx-grants-emergency-stay-of-oags-attempt-to-take-apex-deposition-of-mark-zuckerberg/) - The State’s lawsuit against Meta over its use of facial-recognition technology has hit the Texas Supreme Court in the form of a discovery dispute. In In re Meta Platforms, Inc. (No. 24-0046; emergency stay granted January 29,2024), the State, which has alleged that Meta has violated the DTPA and The Capture of Use of Biometric
- [Austin Court of Appeals Reverses Defense Summary Judgment in Medical Malpractice Case](https://tcjl.com/austin-court-of-appeals-reverses-defense-summary-judgment-in-medical-malpractice-case/) - The Austin Court of Appeals has reversed a summary judgment in favor of a physician and hospital in a wrongful death action alleging medical negligence. The facts of Heather Dawn Williams, Individually and as Wrongful Death Beneficiary and Representative of The Estate of Leilani Wittkohl, Deceased v. CTRH, L.L.C., d/b/a Central Texas Rehabilitation Hospital; and
- [Divided Waco Court of Appeals Strikes Down Chapter 380, 381 Local Development Agreement on Constitutional Grounds](https://tcjl.com/divided-waco-court-of-appeals-strikes-down-chapter-380-381-local-development-agreement-on-constitutional-grounds/) - Over a dissent by Chief Justice Gray, the Waco Court of Appeals has struck down agreements between an economic development foundation, the City of Corsicana, and Navarro County for the construction of a retail store entered into Chapters 380 and 381, Local Government Code. Cities and counties make wide use of Chapter 380 and 381
- [SCOTX Accepts Certified Questions from 5th Circuit in Oil and Gas Lease Interpretation Case](https://tcjl.com/scotx-accepts-certified-questions-from-5th-circuit-in-oil-and-gas-lease-interpretation-case/) - The Texas Supreme Court has agreed to answer two certified questions from the U.S. Court of Appeals for the Fifth Circuit arising from a class action dispute between a producer and royalty owners. Anne Carl, as Co-Trustee of The Carl/White Trust, on behalf of itself and a class of similarly situated persons; Anderson White, as
- [San Antonio Court of Appeals Reverses $69 Million Verdict Against Oil and Gas Producer](https://tcjl.com/san-antonio-court-of-appeals-reverses-69-million-verdict-against-oil-and-gas-producer/) - The San Antonio Court of Appeals has reversed a $79 million jury verdict in a dispute between working interest owners in the Cooke Ranch in LaSalle County. Repsol Oil and Gas USA, LLC, as successor to Talisman Energy USA Inc., Statoil Texas Onshore Properties LLC, and Statoil Pipelines LLC v. Matrix Petroleum, LLC, Matrix Petroleum
- [Eastland Court of Appeals: Saltwater Disposal Agreement Conveyed Ownership Interest](https://tcjl.com/eastland-court-of-appeals-saltwater-disposal-agreement-conveyed-ownership-interest/) - The Eastland Court of Appeals has held that a saltwater disposal agreement between a disposal company and a landowner conveyed an ownership interest sufficient to allow the company to bring an action to quiet title and a suit for an accounting. Darkhorse Water, LP v. Birch Operations, Inc. and Birch Watermania, LLC (No. 11-22-00124-CV; delivered
- [SCOTX Declines to Review Austin Court of Appeals Refusal to Dismiss Union Pacific’s Affirmative Defenses in TCEQ Suit to Recover Cleanup Costs](https://tcjl.com/scotx-declines-to-review-austin-court-of-appeals-refusal-to-dismiss-union-pacifics-affirmative-defenses-in-tceq-suit-to-recover-cleanup-costs/) - In 2007 the TCEQ proposed listing on the registry of state Superfund sites property owned by Woodward Industries, Inc. in Nacogdoches County. TCEQ notified the owners of the property, which had been used as a wood-treatment facility, and provided them with an opportunity to fund or conduct a remedial investgation. When the owners did not
- [Dallas Court of Appeals Enforces Arbitration Agreement in Direct Benefits Estoppel Case](https://tcjl.com/dallas-court-of-appeals-enforces-arbitration-agreement-in-direct-benefits-estoppel-case/) - Paul Picone v. Gary Cruciani and McKool Smith, P.C. (No. 05-22-00841-CV; December 21, 2023) arose from a complex combination of business deals and litigation that came to head in a legal malpractice case in which Picone claims that his lawyer and the law firm failed to settle with a third party for enough money. The
- [SCOTX Declines to Recognize Case-Specific Duty in Premises Liability Case](https://tcjl.com/scotx-declines-to-recognize-case-specific-duty-in-premises-liability-case/) - The Texas Supreme Court has reversed a Houston [14th] Court of Appeals decision holding that a hospital had a duty to an employee who was killed crossing a county road that fronted the hospital. HNMC, Inc. v. Francis S. Chan, Individually and as Personal Representative of the Estate of Leny Rey Chan, Jonathan Chan, and
- [SCOTX Splits Over Trial Court Order to Turn Over Video That May Contain Illegal Child Pornography](https://tcjl.com/scotx-splits-over-trial-court-order-to-turn-over-video-that-may-contain-illegal-child-pornography/) - In a case we initially reported a few weeks ago, a deeply divided Texas Supreme Court has lifted an emergency stay and denied the relator’s petition for a writ of mandamus to block a trial court order compelling her to turn over a video to opposing counsel’s lawyer that she asserts could expose her to
- [SCOTX Denies Mandamus to Remove Justice Devine from Primary Ballot](https://tcjl.com/scotx-denies-mandamus-to-remove-justice-devine-from-primary-ballot/) - The Texas Supreme Court has denied a petiton for writ of mandamus filed by a Fort Worth Court of Appeals justice who is seeking to unseat incumbent Justice John Devine. In re The Honorable Brian Walker (No. 24-0016; January 11, 2024) arose from Justice Walker’s effort to compel the chair of the Texas Republican Party
- [SCOTX Reverses Austin Court of Appeals in Case Involving Chapter 74 Willful and Wanton Negligence Standard](https://tcjl.com/scotx-reverses-austin-court-of-appeals-in-case-involving-chapter-74-willful-and-wanton-negligence-standard/) - In a case we first reported in December, 2022, the Texas Supreme Court has reversed an Austin Court of Appeals opinion overturning a summary judgment in favor of an emergency care physician under the “willful and wanton negligence” standard under Chapter 74, CPRC. Kristy Marsillo, D.O. v. Robin Dunnick, Individually and As Next Fried to
- [ETC Wins Important Standing Case in El Paso Court of Appeals](https://tcjl.com/etc-wins-important-standing-case-in-el-paso-court-of-appeals/) - In a case with significant ramifications for the oil and gas industry, a split El Paso Court of Appeals has held that a mineral lessee does not have standing to sue a pipeline company for preventing it from accessing its oil and gas due to an underground hydrogen-sulfide disposal site located above the formation it
- [El Paso Court of Appeals Holds That 1/8 x 3/16 = 3/16](https://tcjl.com/el-paso-court-of-appeals-holds-that-1-8-x-3-16-3-16/) - Following on the heels of the Texas Supreme Court’s decision in Van Dyke v. Navigator Group, 668 S.W.3d 353 (Tex. 2023), the El Paso Court of Appeals has held that a deed conveying “3/16ths of one-eighth of all the oil and/or gas or other minerals produced . . . under the lease” conveyed a 3/16th
- [Austin Court of Appeals Publishes New Docketing Statement to Facilitate Case Transfers to Statewide (15th) Court of Appeals](https://tcjl.com/austin-court-of-appeals-publishes-new-docketing-statement-to-facilitate-case-transfers-to-statewide-15th-court-of-appeals/) - The Austin Court of Appeals has issued a revised docketing statement to assist in transferring eligible cases to the new statewide court of appeals, which goes into business on September 1, 2024. A copy of the statement can be viewed below. The relevant language appears on page 9.
- [Beaumont Court of Appeals Finds No Specific Jurisdiction in Contract Dispute Between Media and Tax Consulting Giants](https://tcjl.com/beaumont-court-of-appeals-finds-no-specific-jurisdiction-in-contract-dispute-between-media-and-tax-consulting-giants/) - In a case pitting the behemoth news publishing company Gannett and the sprawling Texas-based tax consulting firm Ryan, LLC, the Beaumont Court of Appeals has held that Texas courts have no jurisdiction over a breach of contract claim asserted by Ryan for failing to pay contingency fees on certain refunds paid outside of Texas. USA
- [SCOTX Pours Out Secessionists](https://tcjl.com/scotx-pours-out-secessionists/) - The Texas Supreme Court has denied mandamus in a case brought by a secessionist group to force the State Republican Party chair to put an “independence” proposition on the ballot for the upcoming primary election .In re Texas Nationalist Movement (No. 24-0025; January 10, 2024) arose from the GOP Party chair’s rejection of the group’s
- [SCOTX Rejects Attempts to Knock Judicial Candidates Off the Ballot Based on Ballot Application Disclosure](https://tcjl.com/scotx-rejects-attempts-to-knock-judicial-candidates-off-the-ballot-based-on-ballot-application-disclosure/) - In two cases based on the 2023 legislative mandate that judicial candidates disclose certain information on their ballot application, the Texas Supreme Court has held that this requirement does not authorize a primary election official to bar a candidate from the ballot for a failure to comply. In re Brittanye Morris (No. 24-0007; January 10,
- [Dallas Court of Appeals Confirms Arbitration Award in Dispute Between Plaintiff’s Firm and Medical Bill Factoring Company](https://tcjl.com/dallas-court-of-appeals-confirms-arbitration-award-in-dispute-between-plaintiffs-firm-and-medical-bill-factoring-company/) - In a case exposing the unsavory practices of some plaintiff’s firms and medical bill factoring companies, the Dallas Court of Appeals has affirmed a Dallas County district court’s confirmation of an arbitration award of nearly $550,000 to a factoring company. English Law Group, PLLC v. Medinet Investments, LLC and Michael Bingham (No. 05-21-01041-CV; filed January
- [Texarkana Court of Appeals Finds Steel Company Liable for Retaliatory Termination of Employee](https://tcjl.com/texarkana-court-of-appeals-finds-steel-company-liable-for-retaliatory-termination-of-employee/) - The Texarkana Court of Appeals has affirmed a judgment against a steel manufacturer for firing an employee for filing a workers’ compensation claim. Pittsburg Steel, LLC v. Arthur Palmer (No. 05-23-00021-CV; December 11, 2023) arose from a workers’ compensation claim for a back injury. Defendant’s workers’ compensation carrier reviewed the claim and sent defendant a
- [El Paso Court of Appeals Grants Immunity to SAWS in Dispute with Surety Company](https://tcjl.com/el-paso-court-of-appeals-grants-immunity-to-saws-in-dispute-with-surety-company/) - In a case transferred from Bexar County, the El Paso Court of Appeals has held that San Antonio Water System has governmental immunity in a claim brought by a surety company contesting SAWS’s release of contract funds to a contractor without the company’s consent. The facts in San Antonio Water System, An Agency of the
- [Houston [1st] Court of Appeals Grants Mandamus Ordering TC to Rule on Oxy’s Motion to Compel Arbitration](https://tcjl.com/houston-1st-court-of-appeals-grants-mandamus-ordering-tc-to-rule-on-oxys-motion-to-compel-arbitration/) - The Houston [1st] Court of Appeals has ordered a Harris County district court to rule on a corporate defendant’s motion to compel arbitration that has been pending for seven months.’ In re OxyVinyls LP (No. 01-23-00708-CV; issued December 28, 2023) arose from an underlying third-party personal injury suit brought by an employee of an independent
- [Austin Court of Appeals Reverses Trial Court Denial of Rule 91a Motion](https://tcjl.com/austin-court-of-appeals-reverses-trial-court-denial-of-rule-91a-motion-2/) - Our longtime friends at the Austin defense firm Chamberlain McHaney brought this notable recent opinion from the Austin Court of Appeals to our notice. The underlying action in In re Amazon Services, LLC (No. 03-23-00634-CV; filed December 20, 2023) arose from an accident between plaintiff’s vehicle and a delivery truck owned by entity named Last
- [SCOTX Stays Trial in Medical Malpractice Case After TC Strikes Defendant’s Experts](https://tcjl.com/scotx-stays-trial-in-medical-malpractice-case-after-tc-strikes-defendants-experts-2/) - The Texas Supreme Court has put on hold a trial in a health care liability action in which the trial court struck both defense experts. In re Bradley Hubbard, M.D. and Dallas Plastic Surgery Institute (No. 23-0511; stay order issued December 22, 2023) arose from a health care liability claim against a plastic surgeon stemming
- [SCOTX Grants Emergency Stay in Forum Non Conveniens Case](https://tcjl.com/scotx-grants-emergency-stay-in-forum-non-conveniens-case/) - The Texas Supreme Court has granted an emergency stay in wrongful death case that arose in Mexico but was brought in a Dallas district court. In re Greyhound Lines, Inc. (No. 23-1035; granted January 2, 2024) stems from an accident involving a bus owned and operated by Estrella Blanca, based in Mexico City. The accident
- [Here We Go Again: State Farm Wins Another Emergency Stay in UIM Case from Dallas](https://tcjl.com/here-we-go-again-state-farm-wins-another-emergency-stay-in-uim-case-from-dallas/) - For the fourth time in the last few months, the Texas Supreme Court has granted an emergency stay while it considers an insurer’s petition for writ of mandamus in an underinsured motorist case. As in the other three cases, In re State Farm Mutual Automobile Insurance Company and Jeff Herridge (No. 23-0977; granted December 29,
- [SCOTX Reverses El Paso Court of Appeals in Wrongful Termination Case](https://tcjl.com/scotx-reverses-el-paso-court-of-appeals-in-wrongful-termination-case/) - The Texas Supreme Court has reversed an El Paso Court of Appeals decision overturning a summary judgment in favor of a hospital that terminated a nurse for violating is employment policies. Scott & White Memorial Hospital d/b/a Baylor Scott & White McLane Children’s Medical Center a/k/a Baylor Scott & White Health v. Dawn M. Thompson,
- [SCOTX Stays Trial Court Order Compelling Corporate Representative Deposition](https://tcjl.com/scotx-stays-trial-court-order-compelling-corporate-representative-deposition/) - In yet another UIM case in which plaintiffs are seeking to depose an insurer’s corporate representative and adjusters, the Texas Supreme Court has stayed a trial court order denying the insurer’s motion to quash and compelling the depositions. In re State Farm Mutual Automobile Insurance Company, Robert Nash, and Yulonda Wilson (No. 23-0975; stay order
- [Nueces County Strikes Out Again in Boundary Dispute with San Patricio County](https://tcjl.com/nueces-county-strikes-out-again-in-boundary-dispute-with-san-patricio-county/) - After more than 50 years of on-again, off-again litigation, the Corpus Christi Court of Appeals has put what we hope is the last nail in the coffin of Nueces County’s efforts to tax property located in San Patricio County. Nueces County and Nueces County Appraisal District v. San Patricio County (No. 13-21-0466-CV; filed December 28,
- [SCOTX Grants Stay in Another Discovery Dispute Involving a Potential Criminal Violation](https://tcjl.com/scotx-grants-stay-in-another-discovery-dispute-involving-a-potential-criminal-violation-2/) - We recently reported on a commercial trucking case in which a trial court granted a motion to compel discovery from a defendant driver that the driver contends would violate his Fifth Amendment right against self-incrimination. The Texas Supreme issued an emergency stay in that case pending determination of the defendant’s mandamus petition. Now another case
- [Austin Court of Appeals Rules in Comptroller’s Favor in Franchise Tax Dispute](https://tcjl.com/austin-court-of-appeals-rules-in-comptrollers-favor-in-franchise-tax-dispute/) - The Austin Court of Appeals has upheld a Comptroller rule that governs sourcing of a taxpayer’s gross receipts for purposes of apportioning them to Texas for franchise tax purposes. NuStar Energy, L.P. v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas; and Ken Paxton, Attorney General of the State of Texas (No.
- [Houston [1st] Court of Appeals Rules That Wholesale Power Generators Owe No Legal Duty to Retail Electricity Customers in Winter Storm Uri Cases](https://tcjl.com/houston-1st-court-of-appeals-rules-that-wholesale-power-generators-owe-no-legal-duty-to-retail-electricity-customers-in-winter-storm-uri-cases/) - In an important decision arising from the ongoing Winter Storm Uri multidistrict litigation, the Houston [1st] Court of Appeals has reversed the MDL pretrial court’s partial denial of defendant power generators’ Rule 91a motion to dismiss claims brought by hundreds of retail electricity consumers. The issue before the court of appeals in In re Luminant
- [Austin Court of Appeals Reverses Trial Court Denial of Rule 91a Motion](https://tcjl.com/austin-court-of-appeals-reverses-trial-court-denial-of-rule-91a-motion/) - Our longtime friends at the Austin defense firm Chamberlain McHaney brought this notable recent opinion from the Austin Court of Appeals to our notice. The underlying action in In re Amazon Services, LLC No. 03-23-00634-CV; filed December 20, 2023) arose from an accident between plaintiff’s vehicle and a delivery truck owned by entity named Last
- [SCOTX Grants Stay in Another Discovery Dispute Involving a Potential Criminal Violation](https://tcjl.com/scotx-grants-stay-in-another-discovery-dispute-involving-a-potential-criminal-violation/) - We recently reported on a commercial trucking case in which a trial court granted a motion to compel discovery from a defendant driver that the driver contends would violate his Fifth Amendment right against self-incrimination. The Texas Supreme issued an emergency stay in that case pending determination of the defendant’s mandamus petition. Now another case
- [SCOTX Stays Trial in Medical Malpractice Case After TC Strikes Defendant’s Experts](https://tcjl.com/scotx-stays-trial-in-medical-malpractice-case-after-tc-strikes-defendants-experts/) - The Texas Supreme Court has put on hold a trial in a health care liability action in which the trial court struck both defense experts. In re Bradley Hubbard, M.D. and Dallas Plastic Surgery Institute (No. 23-0511; stay order issued December 22, 2023) arose from a health care liability claim against a plastic surgeon stemming
- [SCOTX Grants Rehearing on Application of Casteel Rule](https://tcjl.com/scotx-grants-rehearing-on-application-of-casteel-rule/) - Given how rarely the Texas Supreme Court grants motions for rehearing, last week’s order reopening the Court’s decision in a wrongful death case is very significant. The case, Angela Horton and Kevin Houser v. The Kansas City Southern Railway Company (No. 21-0769); granted December 15, 2023), arose from a collision between a vehicle driven by
- [Beaumont Court of Appeals Enforces Arbitration Clause in Suit Against Homebuilder](https://tcjl.com/beaumont-court-of-appeals-enforces-arbitration-clause-in-suit-against-homebuilder/) - The Beaumont Court of Appeals has reversed a trial court order denying a homebuilder’s motion to compel arbitration in a suit brought by second purchasers of a home. Lennar Homes of Texas Land and Construction, Ltd. and Lennar Homes of Texas Sales and Marketing, Ltd., Successors by Merger to CalAtlantic Homes of Texas, Inc., Successor
- [SCOTX Stays Discovery Order in Trucking Case Raising 5th Amendment Concerns](https://tcjl.com/scotx-stays-discovery-order-in-trucking-case-raising-5th-amendment-concerns/) - Aggressive tactics by plaintiffs’ counsel in commercial trucking cases continue to present SCOTX and the intermediate courts of appeals with serious discovery issues. On Wednesday, SCOTX administratively stayed a Titus County trial court order compelling a defendant driver to answer questions that could subject him to criminal prosecution in violation of his 5th Amendment right
- [Houston [1st] Court of Appeals Rules in TCPA Case Involving Misappropriation of Trade Secrets](https://tcjl.com/houston-1st-court-of-appeals-rules-in-tcpa-case-involving-misappropriation-of-trade-secrets/) - The Houston [1st] Court of Appeals has finally resolved a long-running dispute over the application of the Texas Citizens Participation Act (Ch. 27, CPRC) to a dispute between oil and gas companies involving misappropriation of trade secrets. Benjamin “B.J.” Reynolds, Mark Mewshaw, Wes Hobbs, and Terra Energy Partners LLC v. Sanchez Oil and Gas Corporation,
- [El Paso Court of Appeals Dismisses Landowner Lawsuit Against Comptroller for Issuing Chapter 313 Certificate for Wind Project](https://tcjl.com/el-paso-court-of-appeals-dismisses-landowner-lawsuit-against-comptroller-for-issuing-chapter-313-certificate-for-wind-project/) - The El Paso Court of Appeals has held that landowners do not have standing to sue the Comptroller for certifying a wind project under former Chapter 313, Tax Code. Philip Alan Green and Jonathan Zackhery Wilks v. Texas Comptroller of Public Accounts and Glenn Hegar, in his Official Capacity (No. 08-23-00086-CV; filed November 21, 2023)
- [Cary Roberts (1968-2023)](https://tcjl.com/cary-roberts-1968-2023/) - Once more, we are mourning the passage of one of the giants of the civil justice reform movement. Cary Roberts died in Austin on December 3. We have attached his obituary so that you can see all of his many accomplishments and contributions to our state and the Austin and Abilene communities that he loved.
- [SCOTX Grants Review in Challenge to PUC’s Scarcity Pricing Order](https://tcjl.com/scotx-grants-review-in-challenge-to-pucs-scarcity-pricing-order/) - The Texas Supreme Court has agreed to review an Austin Court of Appeals decision invalidating a PUC order setting market clearing prices at the maximum level in the event of an extreme weather event. RWE Renewables Americas, LLC and TX Hereford Wind, L.L.C. v. Public Utility Commission of Texas (No. 03-21-00356-CV; granted December 8, 2023)
- [Corpus Christi Court of Appeals Affirms Denial of Special Appearance of Foreign Automaker in Product Liability Case](https://tcjl.com/corpus-christi-court-of-appeals-affirms-denial-of-special-appearance-of-foreign-automaker-in-product-liability-case/) - A plaintiff who sued a South Korean parts manufacturer for a defective fuel pump that alleged caused a serious personal injury accident in Nueces County can, at least for the moment, press ahead with the claim. Hyundam Industrial Company, Ltd. v. Paul Swacina, as Successor Guardian of the Person and Estate of Johari Kibibi Powell,
- [Austin Court of Appeals Affirms TC Denial of UT Southwestern's Plea to the Jurisdiction in Medical Malpractice Case](https://tcjl.com/austin-court-of-appeals-affirms-tc-denial-of-ut-southwesterns-plea-to-the-jurisdiction-in-medical-malpractice-case/) - The Austin Court of Appeals has affirmed a trial court order denying a plea to the jurisdiction and summary judgment motions in a medical practice case brought against the University of Texas Southwestern Medical Center and one of its physicians. The University of Texas Southwestern Medical Center v. Cindy Matias, Individually and as Representative of
- [Dallas Court of Appeals Decides Issue of First Impression in TCPA Case](https://tcjl.com/dallas-court-of-appeals-decides-issue-of-first-impression-in-tcpa-case/) - Nathan Long v. Dr. Kristi Larson Long (No. 05-22-00589-CV; filed November 29, 2023) arose from a nasty marital breakup and divorce that occurred in April 2021. The following July, ex-husband and a date were arrested for falling asleep in a parked SUV while watching July 4 fireworks. The next day he began receiving threatening texts
- [TCJL Files Brief in $129 Million Contract Dispute](https://tcjl.com/tcjl-files-brief-in-129-million-contract-dispute/) - TCJL has filed an amicus brief asking the Texas Supreme Court to reconsider its decision not to grant review of a Houston [14th] Court of Appeals decision affirming a trial court awarding $129 million in a commercial contract dispute between energy giants. As you may recall from our post several weeks ago, Targa Channelview LLC
- [SCOTX Answers Certified Questions from Fifth Circuit on Finality for Purposes of Limitations Exception](https://tcjl.com/scotx-answers-certified-questions-from-fifth-circuit-on-finality-for-purposes-of-limitations-exception/) - In response to a certified question from the U.S. Court of Appeals for the Fifth Circuit, the Texas Supreme Court has held that § 16.064, CPRC, which tolls the statute of limitations for bringing a second suit when the first suit has been dismissed because of lack of jurisdiction, applies even when the trial court
- [Dallas Court of Appeals Reverses TC Denial of Motion to Dismiss for Failure to File Certificate of Merit](https://tcjl.com/dallas-court-of-appeals-reverses-tc-denial-of-motion-to-dismiss-for-failure-to-file-certificate-of-merit/) - The Dallas Court of Appeals has reversed a trial court order denying a Texas engineering firm’s motion to dismiss a wrongful death lawsuit under Chapter 150, CPRC, for failure to file a certificate of merit. Lina T. Ramey & Associates, Incorporated v. Jeremy Comeaux, et al. (No. 05-23-00562-CV; filed November 27, 2023) arose from a
- [Fort Worth Court of Appeals Allows Lawsuit Between Anti-Vaccine Groups to Proceed](https://tcjl.com/fort-worth-court-of-appeals-allows-lawsuit-between-anti-vaccine-groups-to-proceed/) - The Fort Worth Court of Appeals has affirmed a trial court order denying a motion to dismiss a lawsuit between well-known anti-vaccine organizations and their founders. Jonathan Stickland and Jackie Schlegel, Texans for Vaccine Freedom, and Texans for Vaccine Choice, PAC v. Jackie Schlegel and Texans for Vaccine Choice (No. 02-22-00281-CV; delivered November 22, 2023)
- [San Antonio Court of Appeals Holds Chapter 74 Applies to Accident in Ophthalmologist’s Exam Room](https://tcjl.com/san-antonio-court-of-appeals-holds-chapter-74-applies-to-accident-in-ophthalmologists-exam-room/) - The San Antonio Court of Appeals has ruled that a claim arising from injuries sustained when an ophthalmology practice’s phoropter fell off the exam room wall onto the patient is a health care liability claim under Chapter 74, CPRC. Sharyn Dacbert v. Medical Center Ophthalmology Associates, L.L.P. and Michael Singer (No. 04-22-00097-CV; delivered November 22,
- [SCOTX Denies Review of El Paso Court of Appeals Decision That One-Fourth Of One-Eighth Equals One-Fourth](https://tcjl.com/scotx-denies-review-of-el-paso-court-of-appeals-decision-that-one-fourth-of-one-eighth-equals-one-fourth/) - Perhaps you recall our discussion of the Texas Supreme Court’s opinion in Van Dyke v. Navigator Grp. (No. 21-0146; delivered February 17, 2023), in which the Court construed a 1924 deed reserving “one-half of one-eighth” of a mineral interest reserved one-half of the interest, not one-sixteenth. On November 10, the Court declined to review a
- [Dallas Court of Appeals Reverses TC Order Denying American Airlines’ Motion to Transfer Venue in Discrimination Case](https://tcjl.com/dallas-court-of-appeals-reverses-tc-order-denying-american-airlines-motion-to-transfer-venue-in-discrimination-case/) - Plaintiffs filed suit against American Airlines and its employee in Dallas County, alleging discrimination, intentional infliction of emotional distress, and breach of contract arising from American’s alleged refusal to allow the family to board a flight because of a child’s disability. American answered and filed a motion to transfer venue to Tarrant County on the
- [Austin Court of Appeals Affirms TCPA Dismissal of Suit Against Former ERCOT Directors](https://tcjl.com/austin-court-of-appeals-affirms-tcpa-dismissal-of-suit-against-former-ercot-directors/) - The Austin Court of Appeals has put the final kibosh on a decade-long lawsuit brought by investors in power plants against ERCOT and four of its directors for allegedly misleading them about the capacity of the generation market in 2011 and 2012. Panda Sherman Power Intermediate Holdings I, LLC; Panda Power Generation Infrastructure Fund, LLC,
- [SCOTX Grants Mandamus in UIM Case](https://tcjl.com/scotx-grants-mandamus-in-uim-case/) - The Texas Supreme Court has granted mandamus vacating a trial court order to quash an insurer’s request for discovery in a UIM case. In re Liberty County Mutual Insurance Company and Marianne Michele Cagle (No. 22-0321; granted November 17, 2023) arose from a 2017 car wreck between plaintiff and Liberty’s insured. Plaintiff claimed $17,632.60 in
- [SCOTX Mulling Over Dispute Between City and Management District Over Chapter 311 Agreement](https://tcjl.com/scotx-mulling-over-dispute-between-city-and-management-district-over-chapter-311-agreement/) - A municipal management district and county that contracted with the City of Arcola to develop an 83-acre tract using tax increment financing under Chapter 311, Tax Code, has successfully obtained emergency relief pending a decision of the Houston [1st] Court of Appeals. In re Fort Bend County, Texas; and Arcola Municipal Management District No. 1
- [SCOTX Denies Review in Pair of Major Franchise Tax Cases](https://tcjl.com/scotx-denies-review-in-pair-of-major-franchise-tax-cases/) - Over strenuous objections of business taxpayer organizations, the Texas Supreme Court has denied review of a pair of Austin Court of Appeals’ decisions upholding the Comptroller’s interpretation a 2007 statute dealing with the treatment of proceeds from the sale of certain loans or securities for purposes of calculating a taxpayer’s gross receipts. CITGO Petroleum Corporation
- [TxDOT Prevails in San Antonio Court of Appeals On Inverse Condemnation Claim](https://tcjl.com/txdot-prevails-in-san-antonio-court-of-appeals-on-inverse-condemnation-claim/) - The San Antonio Court of Appeals has reversed a trial court’s order denying TxDOT’s motion for summary judgment on sovereign immunity in a property owner’s claim for inverse condemnation. Texas Department of Transportation v. C-5 Holdings, LLC and Stone Oak Storage Partners, Ltd. (No. 04-21-00292-CV) stemmed from highway construction on US 281 in Bexar County.
- [SCOTX Grants Review in Medicaid Fraud Case](https://tcjl.com/scotx-grants-review-in-medicaid-fraud-case/) - The Texas Supreme Court has agreed to hear a Dallas-area dentist’s appeal in a qui tam action involving about $538,000 in allegedly fraudulent Medicaid claims. Richard J. Malouf, D.D.S. v. The State of Texas Ex Rels. Dr. Christine Ellis, D.D.S., and Madelayne Castillo (No. 22-1046, granted November 10, 2023; No. 08-20-00235-CV, issued October 14, 2022)
- [SCOTX Issues Stay in Trucking Case Discovery Dispute](https://tcjl.com/scotx-issues-stay-in-trucking-case-discovery-dispute/) - The Texas Supreme Court has granted temporary relief while it considers a petition for writ of mandamus in dispute over a Concho County trial court’s spoliation order in a commercial trucking accident case. In re Tri-National, Inc. (No. 23-081; stay order issued November 8, 2023) arose from a 2020 accident in which the driver of
- [Governor Abbott Appoints Three To Harris County Judicial District Courts](https://tcjl.com/governor-abbott-appoints-three-to-harris-county-judicial-district-courts/) - Governor Greg Abbott has appointed Aaron Burdette to the 486th Judicial District Court, Lori Ann DeAngelo to the 487th Judicial District Court, and Matthew Peneguy to the 488th Judicial District Court all in Harris County for terms set to expire on December 31, 2024, or until their successors shall be duly elected and qualified.
- [Dallas Court of Appeals Denies Mandamus Big Dollar Dispute Over Option, Gas Gathering Contract](https://tcjl.com/dallas-court-of-appeals-denies-mandamus-dispute-over-gas-gathering-contract/) - The Dallas Court of Appeals has declined to mandamus a trial court who realigned the parties to a gas gathering contract dispute three weeks before trial. In re Energy Transfer LP (formerly known as Energy Transfer Operating, L.P.) and ETC Texas Pipeline, Ltd. (No. 05-23-00875-CV; denied October 10, 2023) stemmed from a breach of contract
- [Houston [1st] Court of Appeals Pours Out Buzbee Law Firm Attempt to Compel Arbitration in Tortious Interference Case](https://tcjl.com/houston-1st-court-of-appeals-pours-out-buzbee-law-firm-attempt-to-compel-arbitration-in-tortious-interference-case/) - Handing down a second defeat in the same case, the Houston [1st] Court of Appeals has held that the Buzbee Law Firm cannot invoke arbitration after having aggressively pursued litigation on the merits and failed. Anthony G. Buzbee and Anthony G. Buzbee, LP d/b/a The Buzbee Law Firm vs. Terry & Thweatt, P.C. (No. 01-23-00123-CV; issued
- [Constitutional Amendment Ballot Summary](https://tcjl.com/constitutional-amendment-ballot-summary/) - Read In-Depth Analysis Here
- [SCOTX Denies Review in Constitutional Challenge to City Ordinance Restricting Food Trucks](https://tcjl.com/scotx-denies-review-in-constitutional-challenge-to-city-ordinance-restricting-food-trucks/) - The Texas Supreme Court has declined to review a case challenging a South Padre Island city ordinance that requires a new food truck vendor to secure the signature of an owner of an existing free-standing food unit on the island in order to be eligible for a permit. In Surfvive, Anubis Avalos, and Adonai Ramses
- [Austin Court of Appeals Reverses Trial Court Denial of TCPA Motion to Dismiss](https://tcjl.com/austin-court-of-appeals-reverses-trial-court-denial-of-tcpa-motion-to-dismiss-2/) - In a case stemming from a highly publicized dispute between a dozens of Texas State University students and an apartment complex in San Marcos, the Austin Court of Appeals has reversed a Hayes County trial court’s denial of the complex’s motion for TCPA sanctions against the mothers of two of the students. Jerretta Pate and
- [SCOTX Reverses Waco Court of Appeals in Contract Dispute](https://tcjl.com/scotx-reverses-waco-court-of-appeals-in-contract-dispute/) - In a per curiam opinion, the Texas Supreme Court, without hearing oral argument, has granted a petition for review and reversed the Waco Court of Appeals’ judgment in a straightforward contract construction case. U.S. Polyco, Inc. v. Texas Central Business Lines Corporation (No. 22-0901; delivered November 3, 2023) arose from a dispute between an asphalt
- [El Paso Court of Appeals Reverses Summary Judgment in Favor of Shell Subsidiary](https://tcjl.com/el-paso-court-of-appeals-reverses-summary-judgment-in-favor-of-shell-subsidiary/) - The El Paso Court of Appeals has revived a lawsuit filed against SWEPI LP, a subsidiary of Royal Dutch Shell. Iskandia Energy Operating, Inc. v. SWEPI LP d/b/a Shell Western E&P (No. 08-22-00103-CV; filed October 31, 2023) arose from a dispute between producers of mineral leases on nearby tracts in Loving County. Iskandia filed suit
- [SCOTX Mulling TWIA Petition for Review in Judicial Exclusivity Case](https://tcjl.com/scotx-mulling-twia-petition-for-review-in-judicial-exclusivity-case/) - The Texas Supreme Court has received merits briefing in a case that could have a significant impact on the way TWIA litigation is handled in Texas courts. Texas Windstorm Insurance Association v. Stephen Pruski (No. 23-0447) arose from a Corpus Christi Court of Appeals decision that voided a trial court judgment in favor of TWIA
- [Beaumont Court of Appeals Upholds Exclusive Remedy in TWIA Claims](https://tcjl.com/beaumont-court-of-appeals-upholds-exclusive-remedy-in-twia-claims/) - In an important decision reinforcing the 2011 TWIA reforms (HB 3), the Beaumont Court of Appeals has ruled that TWIA cannot be sued for breach of the duty of good faith and fair dealing or DTPA violations if TWIA provided the statutorily mandated coverage. Texas Windstorm Insurance Association v. Kevin Kelly and Tiffany Kelly (No.
- [SCOTX Denies Mandamus, Lifts Emergency Stay Net-Worth Order](https://tcjl.com/scotx-denies-mandamus-lifts-emergency-stay-net-worth-order/) - The Texas Supreme Court has denied a petition for writ of mandamus and lifted a trial court order directing a defendant to respond to plaintiff’s request for discovery of evidence of its net worth. In re Waukesha-Pearce Industries, LLC (No. 23-0070; pet. denied and stay lifted October 27, 2023) arose from a wrongful death and
- [SCOTX Declines Review in $129 Million Contract Dispute](https://tcjl.com/down-three-justices-scotx-declines-review-in-129-million-contract-dispute/) - The Texas Supreme Court has denied review of a Houston [14th] Court of Appeals decision affirming a trial court awarding $129 million in a commercial contract dispute between energy giants. Targa Channelview LLC v. Vitol Americas Corp. (No. 14-21-00048-CV) arose from a contract under which Vitol agreed to deliver crude oil to a “splitter” facility
- [Austin Court of Appeals Upholds DWC Administrative Penalties Against TPS Fund](https://tcjl.com/austin-court-of-appeals-upholds-dwc-administrative-penalties-against-tps-fund/) - The Austin Court of Appeals has affirmed trial court order denying the Texas Political Subdivisions Joint Self-Insurance Fund’s (TPS Fund) plea to the jurisdiction and summary judgment motion in an administrative enforcement case initiated by the Texas Department of Insurance-Division of Workers’ Compensation. Texas Political Subdivisions Joint Self-Insurance Fund v. Texas Department of Insurance-Division of
- [Austin Court of Appeals Reverses Trial Court Denial of TCPA Motion to Dismiss](https://tcjl.com/austin-court-of-appeals-reverses-trial-court-denial-of-tcpa-motion-to-dismiss/) - In a case stemming from a highly publicized dispute between a dozens of Texas State University students and an apartment complex in San Marcos, the Austin Court of Appeals has reversed a Hayes County trial court’s denial of the complex’s motion for TCPA sanctions against the mothers of two of the students. Jerretta Pate and
- [SCOTX Hears Oral Arguments in Mandamus Proceeding Stemming from Massive Securities Fraud Case](https://tcjl.com/scotx-hears-oral-arguments-in-mandamus-proceeding-stemming-from-massive-securities-fraud-case/) - Last week the Texas Supreme Court heard oral arguments in a petition for writ of mandamus in a massive securities fraud case involving an energy company accused of paying bribes to the Angolan government in exchange for offshore drilling concessions, an international investment brokerage house that backed the company, and the company’s dozen or so
- [SCOTX Denies Review in Long-Running Oil and Gas Indemnity Dispute](https://tcjl.com/scotx-denies-review-in-long-running-oil-and-gas-indemnity-dispute/) - The Texas Supreme Court has denied a petition for review in a case involving a breach of an indemnification provision in a contract conveying oil and gas interests in Louisiana. Bryan C. Wagner and Duer Wagner III v. Exxon Mobil Corporation (No. 22-0932, pet. denied October 20, 2023; No. 14-21-00122-CV, filed November 8, 2022) arose
- [Register Today! TCJL 37th Annual Meeting on November 9, 2023](https://tcjl.com/tcjl-37th-annual-meeting-november-9-2023/) - TCJL 37th Annual Meeting 2023 Thursday, November 9, 2023 Headliners Club, Austin Annual Luncheon All TCJL Members and Friends 11:30 – 1:30 Chief Justice Nathan Hecht, Keynote Address Legislator Awards Legislative Super Staffer Awards Board Meeting Board Members Only 1:30 - 3:00 512-320-0474 or info@tcjl.com for questions
- [TCJL Set to Honor Chief Justice Hecht, Representative Leach, and Key Legislative Staff at Annual Meeting](https://tcjl.com/tcjl-set-to-honor-chief-justice-hecht-representative-leach-and-key-legislative-staff-at-annual-meeting/) - TCJL will hold its 37th Annual Meeting on Thursday, November 9 in Austin. The meeting will take place at the Headliners Club, beginning with our annual luncheon from 11:30 to 1:30, followed by a board meeting from 1:30 to 3:30. In addition to delivering the keynote address at lunch, Chief Justice Nathan Hecht will receive
- [Fort Worth Court of Appeals Reverses Denial of TCPA Motion to Dismiss](https://tcjl.com/fort-worth-court-of-appeals-reverses-denial-of-tcpa-motion-to-dismiss/) - The Fort Worth Court of Appeals has reversed a trial court’s denial of a motion to dismiss under the Texas Citizens Participation Act (Ch. 27, CPRC) in a dispute arising out of the administration of a marital trust by the stepmother of decedent husband’s two daughters. The facts of Jennifer C. Cass and Nichole R.
- [SCOTX Grants Review of El Paso Court of Appeals Punitive Damages Award](https://tcjl.com/scotx-grants-review-of-el-paso-court-of-appeals-punitive-damages-award/) - In a somewhat unusual case, the Texas Supreme Court has granted a construction contractor’s petition for review of an El Paso Court of Appeals decision reinstating the jury’s punitive damages award after confusion arose over whether the jury reached the required unanimity on the award. Oscar Renda Contracting v. Theodis and Maria Bruce, et al.
- [Corpus Christi Court of Appeals Rejects Oil Company Franchise Tax Deduction Case](https://tcjl.com/corpus-christi-court-of-appeals-rejects-oil-company-franchise-tax-deduction-case/) - The Corpus Christi Court of Appeals has affirmed a trial court denial of an oil company’s petition for a refund for overpayment of state franchise taxes in a case arising from the Deepwater Horizon disaster. Anadarko Petroleum v. Glenn Hegar, Comptroller of Public Accunts of the State of Texas, and Ken Paxton, Attorney General of
- [Corpus Christi Court of Appeals Grants Mandamus in Death Penalty Sanctions Case](https://tcjl.com/corpus-christi-court-of-appeals-grants-mandamus-in-death-penalty-sanctions-case/) - In a case involving serious personal injuries caused by plaintiff’s contact with a high voltage power line, the Corpus Christi Court of Appeals has for the second time granted the power company’s petition for writ of mandamus directing a Hidalgo County trial court to set aside a death penalty sanctions order. In re Southwestern Public
- [House To Take Up Anti-Employer COVID-19 Vaccination Prohibition Today (SB 7)](https://tcjl.com/house-to-take-up-anti-employer-covid-19-vaccination-prohibition-today-sb-7/) - This morning the Texas House will take up legislation that sets an ominous precedent for the future and puts businesses and health care providers on notice that, when it comes to appeasing somebody’s electoral base, the Legislature will now feel free to substitute its judgment for the people who actually run businesses and deliver health
- [Vote Now! Constitutional Amendments on the November Ballot](https://tcjl.com/constitutional-amendments-on-the-november-ballot/) - Texas Constitutional Amendment Election November 7, 2023 Where's My Polling Place? See www.VoteTexas.gov Early Voting Begins October 23, 2023 Early Voting Ends November 3, 2023 Election Day November 7, 2023 During the 2023 Regular Session and 2nd Called Session, the 88th Texas Legislature passed a total of 14 joint resolutions proposing amendments to the state
- [SCOTX Grants Emergency Relief in Discovery Dispute Involving Mistaken Admissions](https://tcjl.com/scotx-grants-emergency-relief-in-discovery-dispute-involving-mistaken-admissions/) - The Texas Supreme Court has granted an emergency stay pending consideration of a petition for writ of mandamus in a case in which the trial court denied a defense motion for leave to amend its Original Admissions when defendant learned that they were factually incorrect. In re Euless Pizza, LP; SF, GP, Management, LLC; and
- [SCOTX Names Judicial Administration Specialization Task Force (HB 2384)](https://tcjl.com/scotx-names-judicial-administration-specialization-task-force-hb-2384/) - In accordance with HB 2384, which passed the Legislature by a nearly unanimous vote last spring, the Texas Supreme Court has appointed a task force to develop standards for and advise the Texas Board of Legal Specialization regarding a new Board Certification in Judicial Administration. The Legislature intended that the board certification option, a central
- [Special Session Sees More Punitive Proposals for Employers and Health Care Providers](https://tcjl.com/special-session-sees-more-punitive-proposals-for-employers-and-health-care-providers/) - As we observed during the regular session this spring, the Legislature seems intent on taking out their COVID-19 frustration on Texas employers and health care providers. Only this time, such measures have a gubernatorial stamp of approval. Let’s get one thing straight: the issue in these so-called “antivaccine mandate” bills is not COVID. The issue
- [Divided SCOTUS Oks Exercise of Personal Jurisdiction under State Foreign Entity Registration Statute Subjecting Entity to Jurisdiction in State Courts](https://tcjl.com/divided-scotus-oks-exercise-of-personal-jurisdiction-under-state-foreign-entity-registration-statute-subjecting-entity-to-jurisdiction-in-state-courts/) - A deeply divided U.S. Supreme Court has ruled that a Pennsylvania statute requiring a foreign entity to subject itself to general jurisdiction in state courts as a condition to transacting business applies to a lawsuit brought by a Virginia resident in Pennsylvania state court against a Virginia-based railroad company for an injury that may have
- [Houston [14th] Court of Appeals Affirms Denial of Special Appearance](https://tcjl.com/houston-14th-court-of-appeals-affirms-denial-of-special-appearance/) - The Houston [14th] Court of Appeals has affirmed a Harris County district court’s denial of an out-of-state defendant’s special appearance in a multi-party fraud suit. RDF Agent, LLC, Related Fund Management, LLC and Brian Sedrish v. Electric Red Ventures, LLC, Manfred Co. L.C., and Monzer Hourani (No. 14-23-00031-CV; filed September 21, 2023) arose from a
- [TCJL, Business Groups Sign Letter Regarding Anti-Employer COVID Vaccination Legislation (SB 7)](https://tcjl.com/tcjl-business-groups-sign-letter-opposing-anti-employer-covid-vaccination-legislation-sb-7/) - This morning the Senate Committee on Health and Human Services is hearing SB 7, which punishes employers for requiring an employee, contractor, or applicant to be vaccinated against COVID-19 or taking an adverse action against an employee, contractor, or applicant for refusing.a vaccine. The bill grants administrative penalty authority to the Texas Workforce Commission and
- [TCJL Files Amicus Brief in UIM Case](https://tcjl.com/tcjl-files-amicus-brief-in-uim-case/) - TCJL has filed an amicus curiae brief in a case that raises knotty issues regarding a Collin County court at law’s pre-trial rulings in the underinsured motorist context. Tjhe Texas Supreme Court has already granted an emergency stay pending consideration of the insurance carrier’s petition for a writ of mandamus. In re State Farm Mutual
- [Rules Implementing New Business Courts Coming Soon (HB 19)](https://tcjl.com/rules-implementing-new-business-courts-coming-soon-hb-19/) - A subcommittee charged with recommending procedural rules for the new business courts made its report to the Supreme Court Advisory Committee. The SCAC will take up the recommendations at its next meeting on October 13. The subcommittee consisted of practitioners, judges, and representatives of the business community, including TCJL’s own Robert Levy. We all owe
- [Governor Abbott Appoints Rabe To 100th Judicial District Court](https://tcjl.com/governor-abbott-appoints-rabe-to-100th-judicial-district-court/) - AUSTIN – Governor Greg Abbott has appointed Dale Rabe, Jr. to the 100th Judicial District Court in Carson, Childress, Collingsworth, Donley, and Hall counties for a term set to expire on December 31, 2024, or until his successor shall be duly elected and qualified. Dale Rabe, Jr. of Childress is a solo practice attorney. He
- [Governor Abbott Announces Third Special Session Agenda](https://tcjl.com/governor-abbott-announces-third-special-session-agenda/) - October 5, 2023 | Austin, Texas | Press Release Governor Greg Abbott today announced Special Session #3 and issued a proclamation identifying agenda items for the special session that begins at 1:00 PM on Monday, October 9."I am bringing the Texas Legislature back for Special Session #3 to continue building on the achievements we accomplished during the
- [Beaumont Court Mandamuses Trial Court for Failure to Grant Motion to Designate Responsible Third Party](https://tcjl.com/beaumont-court-mandamuses-trial-court-for-failure-to-grant-motion-to-designate-responsible-third-party/) - The Beaumont Court of Appeals has granted a conditional writ of mandamus ordering a Jefferson County district court to grant Energy Transfer’s motion for leave to designate the Texas Department of Transportation as a responsible third party in a personal injury lawsuit. In re La Grange Acquistions, LP, Lonestar NGL Fractionators, LLC, Energy Transfer GC
- [Attorney with 78 Lawsuits Against Allstate Moves to Transfer to MDL](https://tcjl.com/attorney-with-78-lawsuits-against-allstate-moves-to-transfer-to-mdl/) - A single attorney from Edinburg is seeking to transfer 78 cases involving weather-related property damage claims to an MDL pretrial court in Hidalgo County. The lead case, Manuel Garza and Adriana Garza v. Allstate Vehicle and Property Insurance Company (Cause No. CL-22-3674-H), was filed in County Court at Law No. 8 in Hidalgo County. Most
- [SCOTX Grants Emergency Stay in Trucking Accident Case](https://tcjl.com/scotx-grants-emergency-stay-in-trucking-accident-case/) - On Tuesday the Texas Supreme Court granted an emergency stay of further proceedings while it considers the defendants’ petition for writ of mandamus in a case arising from a multi-vehicle accident involving a commercial vehicle. In re Sunoco Retail, LLC, Sunoco, LLC, Sunoco Energy Services LLC, Gopetro Transport LLC, and Derrick Ray Lewis(No. 23-0633) challenges
- [Austin Court of Appeals Affirms Temporary Injunction Against Enforcement of New THC Standards for Hemp](https://tcjl.com/austin-court-of-appeals-affirms-temporary-injunction-against-enforcement-of-new-thc-standards-for-hemp/) - In a case with huge financial stakes for the Texas hemp industry (and the millions of Texans who enjoy hemp-derived products), the Austin Court of Appeals has upheld a temporary injunction granted by an Austin district court blocking the Department of State Health Services (DSHJS) from implementing a change to the 2021 Schedule of Controlled
- [SCOTX Stays Trial Court Proceedings in UIM Case](https://tcjl.com/scotx-stays-trial-court-proceedings-in-uim-case/) - In a case that raises knotty issues regarding a Collin County court at law’s pre-trial rulings in the underinsured motorist context, the Texas Supreme Court has granted an emergency stay pending consideration of the insurance carrier’s petition for a writ of mandamus. In re State Farm Mutual Automobile Insurance Company and Lindsey Nicole Dessart (No.
- [SCOTX Grants Emergency Stay in Suit Against Hospital for Ceasing Gender Dysphoria Care](https://tcjl.com/scotx-grants-emergency-stay-in-suit-against-hospital-for-ceasing-gender-dysphoria-care/) - The Texas Supreme Court has granted an emergency stay in a lawsuit brought by a physician against Children’s Medical Center of Dallas arising from the hospital’s and UT Southwestern Medical Center’s decision to stop providing care for new pediatric patients with gender dysphoria in late 2021. The underlying suit in In re Children’s Medical Center
- [TCJL Files Brief in Chapter 21 Employment Discrimination Case](https://tcjl.com/tcjl-files-brief-in-chapter-21-employment-discrimination-case/) - TCJL has filed an amicus brief in a case out of the Dallas Court of Appeals that could vastly expand the scope of Chapter 21, Labor Code, actions against employers for discrimination based on a “perceived” disability. Dallas County Hospital District d/b/a Parkland Health and Hospital System v. Sheri Kowalski (No. 23-0431; No. 05-21-00379-CV; filed
- [Houston [1st] Court of Appeals Rules for Pipeline Company in Construction Dispute](https://tcjl.com/houston-1st-court-of-appeals-rules-for-pipeline-company-in-construction-dispute/) - The Houston [1st] Court of Appeals has affirmed a summary judgment in favor of a pipeline company in a dispute with its contractor over liability for various change orders requested by the contractor. Wood Group USA, Inc. v. Targa NGL Pipeline Company, LLC (No. 01-21-00542-CV; issued August 17, 2023) stemmed from a natural gas liquids
- [TCJL Files Brief in Fifth Circuit Question to SCOTX Regarding Attorney’s Fees Under 2017 Hailstorm Legislation](https://tcjl.com/tcjl-files-brief-in-fifth-circuit-question-to-scotx-regarding-attorneys-fees-under-2017-hailstorm-legislation/) - 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 spiraling costs of settling claims resulting from severe weather
- [TCJL Files Brief in Discovery Abuse Case](https://tcjl.com/tcjl-files-brief-in-discovery-abuse-case/) - 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, which the company considers as confidential and proprietary. Lyft
- [Corpus Christi Court of Appeals Upholds TC Rejection of Chapter 74 Expert Report](https://tcjl.com/corpus-christi-court-of-appeals-upholds-tc-rejection-of-chapter-74-expert-report/) - In an appeal from a Cameron County district court, the Corpus Christi Court of Appeals has held that the trial court did not abuse its discretion in finding a medical malpractice plaintiff’s expert report inadequate under Chapter 74, CPRC. Eva Hernandez, as Next Friend of Juan Hernandez v. Wilfredo Crespo-Velez, M.D. (No. 13-23-00160-CV; delivered August
- [Houston [1st] Court of Appeals Upholds Big Attorney's Fee Award in Defense and Indemnity Case](https://tcjl.com/houston-1st-court-of-appeals-upholds-big-attorneys-fee-award-in-defense-and-indemnity-case/) - Tite Water Energy, LLC v. Wild Willy’s Welding LLC (No. 01-22-00158-CV; issued August 31, 2023) arose from personal injury lawsuit involving an explosion at a saltwater reclamation plant in Kingfisher, Oklahoma, owned by Devon Energy Corporation. While the injured party was offloading saltwater at the plant, Devon, Tite Water, and Wild Willy’s were conducting operations
- [Houston [1st] Court of Appeals Reverses TC Denial of Special Appearance in Legal Malpractice Case](https://tcjl.com/houston-1st-court-of-appeals-reverses-tc-denial-of-special-appearance-in-legal-malpractice-case/) - In a case involving legal representation across state lines, the Houston [1st] Court of Appeals has ruled that a Harris County district erred when it denied the special appearances of a Louisiana law firm and one its lawyers in a legal malpractice case. John P. Guillory and Preis PLC v. Hallmark Specialty Insurance Company, Lessley
- [TxDOT Tort Claims Act Case Gets SCOTX's Attention](https://tcjl.com/txdot-inverse-condemnation-case-gets-scotxs-attention/) - 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 28, 2022) arose from plaintiffs’ claims that TxDOT and its contractor were negligent and
- [Pandemic Liability Protection Act (SB 6, 2021) Served Its Purpose, Faces Legal Challenge](https://tcjl.com/pandemic-liability-protection-act-sb-6-2021-served-its-purpose-faces-legal-challenge/) - 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 that Texas did not become a proving ground for COVID-19
- [Corpus Christi Court of Appeals Reverses TC Grant of Landowners’ Bill of Review in Inverse Condemnation Case](https://tcjl.com/corpus-christi-court-of-appeals-reverses-tc-grant-of-landowners-bill-of-review-in-inverse-condemnation-case/) - 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 condemnation, nuisance, trespass, and negligence. Plaintiffs allege that the city knew its repairs would not
- [SCOTX Grants Review in Railroad Accident Wrongful Death Case](https://tcjl.com/scotx-grants-review-in-railroad-accident-wrongful-death-case/) - 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 Company v. Elsa Prado, Individually and as Representative of the Estate of
- [SCOTX Will Review Constitutional Challenge to Public Adjuster Law (Chapter 4102, Insurance Code)](https://tcjl.com/scotx-will-review-constitutional-challenge-to-public-adjuster-law-chapter-4102-insurance-code/) - 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 insurance claims without a license for anowner who contracts with them (Chapter 4102, Insurance
- [SCOTX Grants Review in $13 Million Oil-and-Gas Lease Dispute](https://tcjl.com/scotx-grants-review-in-13-million-oil-and-gas-lease-dispute/) - 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; 09-20-00174-CV; delivered January 23, 2022) arose from a dispute between several mineral
- [SCOTX Finds No Abuse of Discretion in Trial Court Decision to Allow Defense Witness Testimony in Death Case](https://tcjl.com/scotx-finds-no-abuse-of-discretion-in-trial-court-decision-to-allow-defense-witness-testimony-in-death-case/) - 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 from offering the testimony of a witness who was not timely
- [SCOTX Reverses and Remands to Waco Court of Appeals on Arbitrability Issue](https://tcjl.com/scotx-reverses-and-remands-to-waco-court-of-appeals-on-arbitrability-issue/) - 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. 22-0191) arose from a dispute between a vehicle auction company and
- [SCOTX Issues Emergency Stay of Trial Court’s Net-Worth Order](https://tcjl.com/scotx-issues-emergency-stay-of-trial-courts-net-worth-order/) - In re Waukesha-Pearce Industries, LLC (No. 23-0070; stay issued August 29, 2023) arose from a wrongful death and personal injury action stemming from a three-vehicle collision. Plaintiffs requested, and after argument and hearing the trial court granted, discovery of defendant’s net worth. Pursuant to § 41.0115, CPRC, a claimant may not obtain net-worth discovery unless
- [Fort Worth Court of Appeals Reverses TCPA Dismissal in Dispute Between Investment Firms](https://tcjl.com/fort-worth-court-of-appeals-reverses-tcpa-dismissal-in-dispute-between-investment-firms/) - The Fort Worth Court of Appeals has reversed a trial court order dismissing an investment firm’s defamation and business disparagement lawsuit against one of its brethren. Nexpoint Advisors, L.P. v. United Development Funding IV and Mike Wilson (No. 02-22-00427-CV; delivered August 3, 2023) arose from a letter sent by plaintiff to United’s chairman and CEO
- [Fort Worth Court of Appeals Reverses Summary Judgment in Trucking Accident Case](https://tcjl.com/fort-worth-court-of-appeals-reverses-summary-judgment-in-trucking-accident-case/) - Plaintiff brought suit against the driver and owner of a commercial vehicle for personal injuries suffered in an accident. Defendants answered with a general denial and asserted affirmative defenses, including release. As they pointed out in their motion for summary judgment, plaintiff has previously sued them in her capacity as next friend for her incapacitated
- [Austin Court of Appeals Reverses Course, Overturns TCPA Dismissal of Legal Malpractice Claim](https://tcjl.com/austin-court-of-appeals-reverses-course-overturns-tcpa-dismissal-of-legal-malpractice-claim/) - On motion for rehearing, the Austin Court of Appeals has withdrawn its previous opinion and judgment and substituted a new opinion in a legal malpractice action that the trial court dismissed under the Texas Citizen Participation Act. In 2014 plaintiff started a business to flip houses. In her maiden venture, she bought a house, renovated
- [Dallas Court of Appeals Reverses and Remands TCPA Dismissal](https://tcjl.com/dallas-court-of-appeals-reverses-and-remands-tcpa-dismissal/) - In 2018 parties entered into a contract for the joint provision of investment advisory services. They soon fell out and in April 2020 signed a confidential settlement agreement to get out of the mess. The agreement contained a mutual confidentiality and non-disparagement clause. Subsequently, one of the parties, Matthew Fuller, applied for a country club
- [SCOTX Holds TCPA Inapplicable to Dispute Between Former and Current Owner of Houston Astros](https://tcjl.com/scotx-holds-tcpa-inapplicable-to-dispute-between-former-and-current-owner-of-houston-astros/) - The Texas Supreme Court has held that the Texas Citizens Participation Act, as it existed prior to the 2019 legislative reforms, does not apply to a dispute between Drayton McLane, the former owner of the Houston Astros, and Jim Crane, who bought the team in 2011 for $615 million. McLane Champions, LLC and R. Drayton
- [Dallas Court of Appeals Makes Split Decision in Medical Malpractice Case](https://tcjl.com/dallas-court-of-appeals-makes-split-decision-in-medical-malpractice-case/) - A 91-year-old nursing facility resident with a history of dementia, hypertension, and transient ischemic attack had to be hospitalized shortly after an increase in her Coumadin dosage. She was diagnosed with a urinary tract infection and subsequently suffered nasal bleeding, sending her to the ICU with respiratory distress. She recovered sufficiently to be discharged back
- [10th Circuit Rules ERISA Pre-empts Oklahoma PBM Restrictions](https://tcjl.com/10th-circuit-rules-erisa-pre-empts-oklahoma-pbm-restrictions/) - During the 2023 legislative session, legislation (HB 2021) was introduced requiring a pharmacy benefit manager (PBM) contracted to administer a self-funded, employer-sponsored employee benefit plan governed by the Employer Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. § 1001 et seq.) to comply with certain state statutes and regulations, If it had passed, HB
- [TCJL Recognized in NPR Story on HB 3058](https://tcjl.com/tcjl-recognized-in-npr-story-on-hb-3058/) - You can read the article here: https://www.npr.org/sections/health-shots/2023/08/22/1195115865/texas-abortion-bans-softened-quietly
- [Amarillo Court of Appeals Overturns Million-Dollar Award in Contract Dispute Involving Austin Business](https://tcjl.com/amarillo-court-of-appeals-overturns-million-dollar-award-in-contract-dispute-involving-austin-business/) - In another case transferred to the Amarillo Court of Appeals for docket equalization, this time from Travis County, the Amarillo Court of Appeals has reversed a substantial award of contract and tort damages, as well as a significant award of attorney’s fees, and sent the case back for further proceedings. Michael Simmons; William Cayce Rivers;
- [Amarillo Court of Appeals Reverses Trial Court Denial of Motion to Compel Arbitration](https://tcjl.com/amarillo-court-of-appeals-reverses-trial-court-denial-of-motion-to-compel-arbitration/) - In a case transferred from the San Antonio Court of Appeals for docket equalization purposes, the Amarillo Court of Appeals has reversed a Bexar County district court’s order denying a party’s motion to compel arbitration. Global Building, LLC v. Aulukista, LLC, Individually and Derivatively on Behalf of Global Windcrest II, LLC (No. 07-23-00126-CV; 07-23-00207-CV; filed
- [El Paso Court of Appeals Stays Out of Dispute Between Catholic Diocese and Parishioners](https://tcjl.com/el-paso-court-of-appeals-stays-out-of-dispute-between-catholic-diocese-and-parishioners/) - A group of parishioners, led by their parish priest, sought approval from the presiding bishop to build a new church. Thinking that the bishop granted approval, the parishioners raised about $1.4 million for the project. Plans were drawn up and city permits obtained. But then the bishop left town and new man came in. The
- [El Paso Court of Appeals Rules Affirms Summary Judgment for Operator in Oil and Gas Lease Dispute](https://tcjl.com/el-paso-court-of-appeals-rules-affirms-summary-judgment-for-operator-in-oil-and-gas-lease-dispute/) - Applying its own precedent, the El Paso Court of Appeals has ruled that a co-tenant in a producing oil and gas lease cannot extend the primary term of its lease on the basis of the other co-tenant’s production rather than its own. David W. Cromwell v. Anadarko E&P Onshore, LLC (No. 08-22-00129-CV; delivered August 4,
- [San Antonio Court of Appeals Upholds Legislative Immunity from Suit Challenging COVID-19 Measures](https://tcjl.com/san-antonio-court-of-appeals-upholds-legislative-immunity-from-suit-challenging-covid-19-measures/) - The San Antonio Court of Appeals has affirmed a trial court order dismissing a lawsuit filed against the Texas House and Senate for certain legislative actions taken in response to the COVID-19 pandemic. Koepke v. Texas State Senate and Texas House of Representatives (No. 04-22-00256-CV; filed July 31, 2023) involved a petition for writ of
- [Houston [14th] Court of Appeals Reverses Award of Attorney’s Fees in Commercial Lease Dispute](https://tcjl.com/houston-14th-court-of-appeals-reverses-award-of-attorneys-fees-in-commercial-lease-dispute/) - In our ongoing effort to identify appellate opinions that deal with attorney’s fee awards, a recent Houston [14th] Court of Appeals decision deserves notice for its application of SCOTX precedent requiring claimants seeking to recover attorney’s fees to segregate the fees between claims for which they are recoverable and claims for which they are not.
- [Houston [14th] Court of Appeals Affirms Specific Jurisdiction Over Lithium-Ion Battery Manufacturer and Distributor](https://tcjl.com/houston-14th-court-of-appeals-affirms-specific-jurisdiction-over-lithium-ion-battery-manufacturer-and-distributor/) - Applying a recent decision of the Texas Supreme Court, the Houston [14th] Court of Appeals has held that a Harris County district court may exercise personal jurisdiction over two foreign manufacturers that distributed lithium-ion batteries in Texas. Like its sister case, LG Chem America, Inc. and LG Chem, Ltd. V. Tommy Morgan (No. 21-0094), LG Chem
- [Houston [14th] Court of Appeals Rejects Vacatur of Arbitration Award for Arbitrator Partiality](https://tcjl.com/houston-14th-court-of-appeals-rejects-vacatur-of-arbitration-award-for-arbitrator-partiality/) - In a case that offers an excellent review of Texas law governing vacatur of an arbitration award based on “the evident partiality of an arbitrator appointed as a neutral arbitrator,” the Houston [14th] Court of Appeals has upheld a Harris County district court’s refusal to set aside an arbitration award. Dr. Nestor Martinez; NM Health
- [Austin Court of Appeals Rules that Fifth Circuit Has Exclusive Jurisdiction Over TCEQ Permit for LNG Terminal](https://tcjl.com/austin-court-of-appeals-rules-that-fifth-circuit-has-exclusive-jurisdiction-over-tceq-permit-for-lng-terminal/) - In a case that once again belies the need for a statewide court of appeals to decide administrative law matters, the Austin Court of Appeals has dismissed a lawsuit challenging the Texas Commission on Environmental Quality’s decision to issue a permit to the operator of a new liquefied natural gas terminal on the Brownsville Ship
- [SCOTX Denies Emergency Stay in Apex Deposition Matter](https://tcjl.com/scotx-denies-emergency-stay-in-apex-deposition-matter/) - Yesterday the Texas Supreme Court denied an emergency stay to block a Dallas Court of Appeals’ decision denying a writ of mandamus based on a trial court’s proposed order compelling the testimony of the chairman of the board of a pipeline company. The underlying case, Energy Transfer LP, et al. v. Culberson Midstream LLC, et
- [SCOTX Accepts Certified Question from Fifth Circuit on Limitations Issue](https://tcjl.com/scotx-accepts-certified-question-from-fifth-circuit-on-limitations-issue/) - In a case of great interest to lenders, the Texas Supreme Court has agreed to answer a certified question from the U.S. Fifth Circuit Court of Appeals regarding the application of Texas’ four-year statute of limitations to real property liens under § 16.035, CPRC. Linda Moore; Thomas Moore, Jr. v. Wells Fargo Bank, National Association,
- [TCJL Files Brief Defending Constitutionality of Pandemic Liability Protection Act (SB 6)](https://tcjl.com/tcjl-files-brief-defending-constitutionality-of-pandemic-liability-protection-act-sb-6/) - The Texas Supreme Court has accepted a certified question from the U.S. Fifth Circuit Court of Appeals in a case with the potential to expose thousands of Texas health care providers and businesses to liability stemming from the COVID-19 pandemic. As the primary architect of SB 6, which provided broad liability protections during the pandemic
- [TCJL Files Brief Supporting Dismissal of Landlord-Tenant Class Action](https://tcjl.com/tcjl-files-brief-supporting-dismissal-of-landlord-tenant-class-action/) - Yesterday TCJL filed an amicus brief in the Texas Supreme Court arguing that a class action brought against a corporate landlord based on alleged “overcharges” of certain fees should be dismissed under legislation enacted in 2017 to transfer exclusive jurisdiction over such complaints to the PUC. As we reported several months ago, SCOTX consolidated three
- [Fifth Circuit Certifies Question to SCOTX Regarding Attorney’s Fees Under 2017 Hailstorm Legislation](https://tcjl.com/fifth-circuit-certifies-question-to-scotx-regarding-attorneys-fees-under-2017-hailstorm-legislation/) - 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 542, Insurance Code. The amendments responded to the spiraling costs of settling claims resulting from severe weather
- [TCJL Files Brief in Class Action Certification Case](https://tcjl.com/tcjl-files-brief-in-class-action-certification-case/) - Today TCJL filed an amicus brief in USAA Casualty Insurance Company v. Sunny Letot, Individually and On Behalf of All Others Similarly Situated (No. 22-0238) In this puzzling case, the Dallas Court of Appeals affirmed a trial court order certifying a class action against USAA under Rule 42, TRCP. We say “puzzling” because the court
- [Governor Abbott Appoints Angela Colmenero As Interim Attorney General Of Texas](https://tcjl.com/governor-abbott-appoints-angela-colmenero-as-interim-attorney-general-of-texas/) - AUSTIN – Governor Greg Abbott today appointed Angela Colmenero as the interim Attorney General of Texas, under Article 15, Section 5 of the Texas Constitution, effective 10:00 AM on Friday, July 14. This announcement follows the departure of John Scott, who the Governor appointed as the short-term interim Attorney General of Texas in May. "John Scott faithfully
- [TCJL Requests Rulemaking on Third Party Litigation Funding (TPLF)](https://tcjl.com/tcjl-requests-rulemaking-on-third-party-litigation-funding/) - In a letter to Chief Justice Hecht earlier this week, TCJL requested that rulemaking be initiated to require some form of disclosure of the existence of third-party litigation funding agreements to the court and parties under appropriate circumstances. Our letter asks the Chief Justice to refer the issue to the Supreme Court Advisory Committee for
- [Allow Small Businesses to Post Alternative Security for Judgments (HB 4381)](https://tcjl.com/allow-small-businesses-to-post-alternative-security-for-judgments-hb-4381/) - Under current law, a party seeking to appeal a judgment for money damages in a civil case must post or deposit security for payment of the judgment. In general, the amount of security (also called a “supersedeas bond”) required by statute must equal the sum of the amount of compensatory damages awarded in the judgment,
- [Make Summary Denials of Permissive Appeals Reviewable on Abuse of Discretion Standard (HB 1561/SB 1603)](https://tcjl.com/make-summary-denials-of-permissive-appeals-reviewable-on-abuse-of-discretion-standard-hb-1561-sb-1603/) - In June 2022, a divided Texas Supreme Court ruled that §51.014(f), CPRC, gives a court of appeals unfettered discretion to deny a permissive interlocutory appeal, as long as the court minimally complies with TRAP 47.1, which requires the court to give basic reasons for its decisions. §51.014(f) provides that a court of appeals may accept
- [SCOTX Declines to Mandamus MDL Court in Port Neches Chemical Plant Explosion Case](https://tcjl.com/scotx-declines-to-mandamus-mdl-court-in-port-neches-chemical-plant-explosion-case/) - In re First Reserve Management, L.P.; First Reserve Corporation, L.L.C.; FR XII Alpha AIV, L.P.; FR XII-A Alpha AIV, L.P.; FR Sawgrass, L.P.; and Sawgrass Holdings, L.P. (No. 22-0227; delivered June 23, 2023) arose from a massive explosion at a petrochemical processing plant in Port Neches on Thanksgiving Eve, 2019. The accident resulted in more
- [HB 19 Business Court Step Forward for Judicial Reform in Texas](https://tcjl.com/hb-19-big-step-forward-for-judicial-reform-in-texas/) - On June 9 Governor Abbott put his signature on HB 19, the hard-fought effort to establish a Texas business court along the lines of those in dozens of other states. The effort finally succeeded after not getting to the floor of the House in three consecutive sessions. We have reported on the contents of the
- [Happy Fourth!](https://tcjl.com/happy-fourth/) - In honor of our nation's independence, we are taking a few days off from the news. Please have a safe and happy Fourth of July holiday!
- [TCJL Amicus Report June 2023](https://tcjl.com/tcjl-amicus-report-june-2023/) - TCJL Amicus Report June 2023 1. The Ohio Casualty Insurance Company v. Patterson-UTI Energy, Inc.; Patterson-UTI Management Services, LLC; Patterson-UTI Drilling Company, LLC; and Marsh USA, Inc.(No. 23-0006) This case arose from a personal injury action against the Patterson companies. Patterson had obtained an excess policy from Ohio Casualty that provided coverage after the primary
- [Governor Abbott Announces Second Special Session Agenda](https://tcjl.com/governor-abbott-announces-second-special-session-agenda/) - For Immediate Distribution | June 27, 2023 | (512) 463-1826 Governor Abbott Announces Second Special Session Agenda AUSTIN – Governor Greg Abbott today announced Special Session #2 and issued a proclamation identifying agenda items for the special session that begins at 3:00 PM today, Tuesday, June 27. "We achieved a great deal during the 88th
- [88th Legislative Session: How Did TCJL’s Statement of Conservative Business Principles Fare? (More bills that failed in 2023.)](https://tcjl.com/88th-legislative-session-how-did-tcjls-statement-of-conservative-business-principles-fare/) - At the beginning of the 88th Legislative Session in January, TCJL published a Statement of Conservative Business Principles, together with a graphic matrix illustrating our methodology for evaluating legislative proposals. What follows is a list of proposals for which we performed and published an analysis identifying one or more conflicts with our Statement of Principles.
- [TCJL Bill Tracker: Civil Justice-Related Bills that Failed in 2023](https://tcjl.com/tcjl-bill-tracker-civil-justice-related-bills-that-failed-in-2023/) - As you know, the 88th Regular Session was one for the record books in terms of the number of new causes of action, enforcement actions with penalties and attorney’s fees, and regulatory bills chock full of vague standards and, in a few cases, dubious constitutionality. Fortunately, most of these bills did not survive the process
- [Legislation Protecting Women with Certain Pregnancy Complications Signed Into Law (HB 3058)](https://tcjl.com/legislation-protecting-women-with-certain-pregnancy-complications-signed-into-law-hb-3058/) - Governor Abbott has signed into law a very significant piece of legislation that flew largely under the radar this session. HB 3058 by Rep. Ann Johnson (D-Houston) and Sen. Bryan Hughes (R-Tyler) establishes an affirmative defense in an action against a physician or health care provider arising from two relatively common pregnancy complications: ectopic pregnancy
- [SB 1603 by Hughes/Smithee signed by the Governor](https://tcjl.com/sb-1603-by-hughes-smithee-signed-by-the-governor/) - Signed by Governor 5/24/23, effective on 9/1/23 This was a TCJL Priority Issue for the 88th Session. Permissive Appeals HB 1561 by Smithee (R-Amarillo)/SB 1603 by Hughes (R-Tyler): Amends § 51.014, CPRC, to require a court of appeals to state the specific reason for declining to accept a permissive appeal. Provides that the supreme court may review a
- [Antitrust Enforcement Bills Raising Eyebrows (HB 5214, HB 5232)](https://tcjl.com/antitrust-enforcement-bills-raising-eyebrows-hb-5214-hb-5232/) - On March 17 we first reported on a pair of bills that expand the authority of the Attorney General to pursue antitrust enforcement actions under the Texas Free Enterprise and Antitrust Act (Chapter 15, Business & Commerce Code). HB 5214 and HB 5232 passed the House last week and were heard in Senate State Affairs
- [TCJL Asks for Veto of Bill Increasing Antitrust Penalties (HB 5232)](https://tcjl.com/tcjl-asks-for-veto-of-bill-increasing-antitrust-penalties-hb-5232/) - Today TCJL requested Governor Abbott to veto HB 5232, which raises penalties for antitrust violations in an arbitrary, unjust, and inequitable manner. A copy of the letter may be read below.
- [SCOTX Reverses Fort Worth Court of Appeals in Case Involving Redemption of Shares of Professional Corporation](https://tcjl.com/scotx-reverses-fort-worth-court-of-appeals-in-case-involving-redemption-of-shares-of-professional-corporation/) - David A. Skeels v. Jonathan T. Suder, Michael T. Cooke; and Friedman, Suder & Cooke, P.C. (No. 21-1014; delivered June 23, 2023) arose from a dispute between shareholders in a law firm over the redemption of plaintiff’s shares upon his involuntary termination of employment by the firm. Unable to work out an agreement on
- [Travelers Redux: Eastland Court of Appeals Follows Tyler Court, Denies Motion to Compel Arbitration in Hailstorm Case](https://tcjl.com/travelers-redux-eastland-court-of-appeals-follows-tyler-court-denies-motion-to-compel-arbitration-in-hailstorm-case/) - A hailstorm struck Comanche County in May 2019, damaging several buildings owned by the Gustine Independent School District. At the time of the storm, the district had coverage underwritten by the Texas Rural Education Association Risk Management Cooperative (TREA). The policy did not include an arbitration clause. TREA, however, executed a reinsurance contract with Travelers
- [SCOTX Declines to Recognize Common Law Duty Owed By Third-Party Drug Testing Entity](https://tcjl.com/scotx-declines-to-recognize-common-law-duty-owed-by-third-party-drug-testing-entity/) - In a case of first impression, a 6-3 majority of the Texas Supreme Court has held that a drug testing entity hired by an employer to test existing and prospective employees does not owe a duty of reasonable care to an employee in collecting and processing test samples. Houston Area Safety Council, Inc. and Psychemedics
- [Tyler Court of Appeals Affirms Trial Court Denial of Motion to Compel Arbitration in Insurance Case](https://tcjl.com/tyler-court-of-appeals-affirms-trial-court-denial-of-motion-to-compel-arbitration-in-insurance-case/) - Severe weather rolled through Houston County on April 6, 2019, damaging property owned by a school district. At the time of the storm, the district had coverage underwritten by the Texas Rural Education Association Risk Management Cooperative (TREA). The policy did not include an arbitration clause. TREA, however, executed a reinsurance contract with Travelers to
- [SCOTX Splits 5-4 Over Whether ERCOT Has Sovereign Immunity](https://tcjl.com/scotx-splits-5-4-over-whether-ercot-has-sovereign-immunity/) - In two cases testing the limits of ERCOT’s governmental immunity, a divided Texas Supreme Court has determined that an independent systems operator certified by the PUC has sovereign immunity from suit as “an arm of the state.” The first case, CPS Energy v. Electric Reliability Council of Texas (No. 22-0056), arose from ERCOT’s actions during
- [SCOTX Mandamuses Trial Court for Ordering New Trial](https://tcjl.com/scotx-mandamuses-trial-court-for-ordering-new-trial/) - The Texas Supreme Court has issued a writ of mandamus directing a trial court to vacate its order granting a new trial in a personal injury case in which the jury awarded substantial damages to the plaintiff. In re Rudolph Automotive, LLC d/b/a Rudolph Mazda and Rudolph Chevrolet, LLC (No. 21-0135; delivered June 16, 2023)
- [SCOTX Remands Controversial Dallas Court of Appeals Decision on Mental Anguish Damages for New Trial](https://tcjl.com/scotx-remands-controversial-dallas-court-of-appeals-decision-on-mental-anguish-damages-for-new-trial/) - The Texas Supreme Court has remanded for a new trial one of the most controversial cases to emerge from the Dallas Court of Appeals in the past few years. As you may recall, sitting en banc the court of appeals overrode a decision by a three-judge panel after the 2018 election and affirmed a nuclear
- [SCOTX Reverses Austin Court of Appeals in Tort Claims Act Case](https://tcjl.com/scotx-reverses-austin-court-of-appeals-in-tort-claims-act-case/) - The Texas Supreme Court has reversed a split Austin Court of Appeals decision allowing a Texas Tort Claims Act case against the City of Austin to proceed based on a waiver of governmental immunity. The City of Austin v. Irene Quinlan (No. 22-0202; delivered June 2, 2023) arose from a premises liability claim brought against
- [San Antonio, Austin Courts of Appeals Appear to Issue Contradictory Opinions on Standard of Review of Agency Orders](https://tcjl.com/san-antonio-austin-courts-of-appeals-appear-to-issue-contradictory-opinions-on-standard-of-review-of-agency-orders/) - Last week we reported on the Texas Supreme Court’s decision to grant review in a case from the San Antonio Court of Appeals involving an administrative order issued by the Railroad Commission. On the same day, the Court denied a motion for rehearing in a Austin Court of Appeals case involving an administrative order issued
- [Eastland Court of Appeals Reverses Summary Judgment in Favor of Operator in Royalty Nonpayment Case](https://tcjl.com/eastland-court-of-appeals-reverses-summary-judgment-in-favor-of-operator-in-royalty-nonpayment-case/) - In a royalty nonpayment case teeming with legal issues, the Eastland Court of Appeals has reversed a trial court judgment in favor of an oil and gas operator and remanded the case to an Ector County district court for trial. Perdido Properties LLC, On Behalf of and as Attorney-in-Fact for Paul H. Bremer, Jr. and
- [Session Report: Lisa Kaufman](https://tcjl.com/session-report-lisa-kaufman/) - END OF SESSION REPORT On Monday night, May 29th, the 88th Legislature gaveled out Sine Die after 140 days. When the Legislature convened on January 10th, the session was predicted to be a historic one with a budgetary surplus of $32.7 billion and promises to fund numerous state priorities that had gone unaddressed in prior
- [SCOTX Grants Review in Product Liability Case in which TCJL Filed Amicus](https://tcjl.com/scotx-grants-review-in-product-liability-case-in-which-tcjl-filed-amicus/) - The presumption of nonliability for products manufactured to meet or exceed mandatory federal safety standards, § 82.008, CPRC, is one of the cornerstones of the 2003 tort reform effort. This provision has come under repeated attack in product liability litigation around the state, especially in the context of motor vehicle accidents. In order to over
- [SCOTX Declines Review in TUFTA Case Stemming from Baybrook Class Action](https://tcjl.com/scotx-declines-review-in-tufta-case-stemming-from-baybrook-class-action/) - In April we reported on the Texas Supreme Court’s decision in Mosaic Baybrook One, L.P., Mosaic Baybrook Two, L.P., and Mosaic Residential, Inc. v. Tammy Cessor (No. 21-0161; delivered April 21, 2023), in which the Court reversed a Houston [14th] Court of Appeals ruling that affirmed class action certification in a landlord-tenant dispute. Last week the
- [While Better Than It Was, HB 18 Imposes Daunting Compliance Challenges, Significant Liability Exposure With the Potential for More on the Way](https://tcjl.com/while-better-than-it-was-hb-18-imposes-daunting-compliance-challenges-significant-liability-exposure-with-the-potential-for-more-on-the-way/) - One of the most controversial and heavily negotiated bills this session was HB 18, which seeks to regulate the availability of content “harmful” to minors on the Internet. As introduced, the bill imposed a sweeping duty on any person who operates a website to “prevent physical, emotional, or developmental harm to a minor.” The filed
- [SCOTX Sends Dispute Over Enforceability Arbitration Agreement in Employer-Employee Context Back to Court of Appeals](https://tcjl.com/scotx-sends-dispute-over-enforceability-arbitration-agreement-in-employer-employee-context-back-to-court-of-appeals/) - Reversing the Houston [14th] Court of Appeals, the Texas Supreme Court returned a case involving the enforceability of an arbitration agreement where the terminated employee claims that the costs of arbitration would be so excessive as to deprive him of a statutory remedy. Houston AN USA, LLC d/b/a AutoNation USA Houston v. Walter Shattenkirk (No.
- [TCJL Legislative Tracking Report 5-31-23](https://tcjl.com/tcjl-legislative-tracking-report-5-31-23/) - TCJL Tracked Bill List May 31, 2023 The last day for the Governor to sign or veto bills is Sunday, June 18, 2023. To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx Latest actions appear in red. Due to the high volume of recent activity, please confirm latest bill status on Texas Legislature
- [El Paso Court of Appeals Rejects Premises Liability Claim Under Tort Claims Act](https://tcjl.com/el-paso-court-of-appeals-rejects-premises-liability-claim-under-tort-claims-act/) - A student’s mother attended her son’s graduation on the campus of The University of Texas at El Paso. Following the ceremony, the family adjourned to a grassy area on campus to take photos. The mother stepped in grass-covered hole and fell. Her husband described the hole to a security guard this way: “It—it just looked
- [SCOTX Holds That Safe Harbor Provision Applies to Operator Who Withheld Payments to Well Owner](https://tcjl.com/scotx-holds-that-safe-harbor-provision-applies-to-operator-who-withheld-payments-to-well-owner/) - The Texas Supreme Court has ruled that an operator who withheld payments from oil-and-gas production to a non-operating owner was justified under the “safe-harbor” provision in § 91.402(b), Natural Resources Code. As we reported some months ago, Freeport-McMoran Oil & Gas, LLC and Ovintiv USA Inc. v. 1776 Energy Partners, LLC (No. 22-0095) arose from
- [SCOTX Holds That Specific Jurisdictional Grants to County Courts Independent of General Jurisdictional Limits](https://tcjl.com/scotx-holds-that-specific-jurisdictional-grants-to-county-courts-independent-of-general-jurisdictional-limits/) - In a case challenging the jurisdiction of an Hidalgo County court-at-law over a foreclosure of a lien on land, the Texas Supreme Court has held that a specific statutory grant of jurisdiction to Hidalgo County courts trumps the general statute barring a constitutional county court from suits to enforce a lien on land or for
- [Governor Abbott Appoints John Scott As Interim Attorney General Of Texas](https://tcjl.com/governor-abbott-appoints-john-scott-as-interim-attorney-general-of-texas/) - AUSTIN – Governor Greg Abbott today appointed John Scott as the short-term interim Attorney General of Texas, under Article 15, Section 5 of the Texas Constitution. “John Scott has the background and experience needed to step in as a short-term interim Attorney General during the time the Attorney General has been suspended from duty,”
- [New Cause of Action Tracker: How Bad is the Damage?](https://tcjl.com/new-cause-of-action-tracker-how-bad-is-the-damage/) - As you recall, we reported last March that we counted among the introduced bills at least 104 new causes of action or new public enforcement actions against businesses and another 40 against health care providers (as well as 28 against various governmental entities and public employees). Indeed, the vast majority of TCJL’s time and effort
- [Governor Abbott Sets Special Election For Texas House District 2](https://tcjl.com/governor-abbott-sets-special-election-for-texas-house-district-2/) - Governor Greg Abbott last night issued a proclamation announcing Tuesday, November 7, 2023 as the special election date to fill the unexpired term in House District 2 of the Texas House of Representatives. Candidates who wish to have their names placed on the special election ballot must file their applications with the Secretary of State no
- [How Big of a Problem is SB 14? (Hint: Big)](https://tcjl.com/219128-2/) - If you have been reading this page throughout the session, you are aware of our discussions of the implications of SB 14 for business. SB 14, of course, is the bill that prohibits minors from receiving gender transitioning or gender reassignment care. Setting aside the larger philosophical debate over whether state power should intervene in
- [Last-Minute Deal Saves HB 5 (Economic Development Incentive)](https://tcjl.com/last-minute-deal-saves-hb-5-economic-development-incentive/) - A bill that seems to have had more lives than a Marvel superhero is now headed to the Governor’s desk after House and Senate conferees struck a deal late yesterday. HB 5, the school tax abatement proposal, appeared to have died when conferees could not agree by the Saturday night deadline for the distribution of
- [TCJL To Request Governor to Add Judicial Pay Raise to Special Session (HB 2779)](https://tcjl.com/tcjl-to-request-governor-to-add-judicial-pay-raise-to-special-session-hb-2779/) - One of the most unfortunate disagreements between the House and Senate in the waning days of the session has involved a desperately needed pay raises for state district and appellate judges and justices. As it passed the House, HB 2779 raised the base pay for a state district judge from $140,000 to $172,494. Salaries of
- [SCOTX Finds Personal Jurisdiction in Products-Liability Case](https://tcjl.com/scotx-finds-personal-jurisdiction-in-products-liability-case/) - The Texas Supreme Court has held that Texas courts could exercise personal jurisdiction over two foreign manufacturers that distributed lithium-ion batteries in Texas. LG Chem America, Inc. and LG Chem, Ltd. V. Tommy Morgan (No. 21-0094) arose from an alleged injury sustained by Morgan when a lithium-ion battery he bought to recharge his e-cigarette blew
- [Important Legislative Deadlines](https://tcjl.com/important-legislative-deadlines/) - 88th Legislature Regular Session Deadlines for Action Under House and Senate Rules Highlights Monday, May 8, 2023 Last day for House committees to report HBs/HJRs Tuesday, May 9, 2023 Last House daily calendar with HBs/HJRs must be distributed Thursday, May 11, 2023 Last day for House to consider 2nd reading HBs/HJRs on daily or supplemental
- [SCOTX Rejects Tax Ferret Contract Between ISD and Attorney](https://tcjl.com/scotx-rejects-tax-ferret-contract-between-isd-and-attorney/) - In a decision with important implications for taxpayers, the Texas Supreme Court has reversed an El Paso Court of Appeals decision permitting a school district’s appeal of an ARB denial of the district’s challenge of the valuation of certain mineral interests to go forward under a contingent fee contract with a private attorney. In Pecos
- [2018 Gunn v McCoy (6-19-2018)](https://tcjl.com/2018-gunn-v-mccoy-6-19-2018/) - 2018 Gunn v McCoy (6-19-2018)
- [2018 TWIA v Dickinson ISD (6-13-2018)](https://tcjl.com/2018-twia-v-dickinson-isd-6-13-2018/) - 2018 TWIA v Dickinson ISD (6-13-2018)
- [2018 In Re Mahindra USA Inc. (6-8-2018)](https://tcjl.com/2018-in-re-mahindra-usa-inc-6-8-2018/) - 2018 In Re Mahindra USA Inc. (6-8-2018)
- [2018 In Re North Cypress Medical (6-6-2018)](https://tcjl.com/2018-in-re-north-cypress-medical-6-6-2018/) - 2018 In Re North Cypress Medical (6-6-2018)
- [2018 DePuy Orthopaedics (5-21-2018)](https://tcjl.com/2018-depuy-orthopaedics-5-21-2018/) - 2018 DePuy Orthopaedics (5-21-2018)
- [2018 EXLP Leasing V Galveston CAD (4-17-2018)](https://tcjl.com/2018-exlp-leasing-v-galveston-cad-4-17-2018/) - 2018 EXLP Leasing V Galveston CAD (4-17-2018)
- [City of Laredo v Laredo Merchants Assoc](https://tcjl.com/city-of-laredo-v-laredo-merchants-assoc/) - 2018 City of Laredo v Laredo Merchants Assoc (4-17-2018)
- [SCOTX Holds That Political Subdivision Not Immune from Condemnation Lawsuit](https://tcjl.com/scotx-holds-that-political-subdivision-not-immune-from-condemnation-lawsuit/) - In an issue never before directly decided, the Texas Supreme Court has held that a political subdivision does not have governmental immunity from a condemnation proceeding brought by another political subdivision. Hidalgo County Water Improvement District No. 3 v. Hidalgo County Irrigation District No. 1 (No. 21-0507) arose from a dispute between the two districts
- [First Court of Appeals Allows Claim Against City for Breach of Chapter 380 Agreement](https://tcjl.com/first-court-of-appeals-allows-claim-against-city-for-breach-of-chapter-380-agreement/) - The First [Houston] Court of Appeals has allowed a commercial real estate developer to pursue a breach of contract claim against the City of Sealy arising from a Chapter 380 economic development agreement. Chapter 380, Local Government Code, authorizes cities to make grants of public money to private persons for economic development purposes. In Town
- [Dallas Court of Appeals Rules for Insurer in Attorney’s Fees Case Under 2017 Hailstorm Legislation](https://tcjl.com/dallas-court-of-appeals-rules-for-insurer-in-attorneys-fees-case-under-2017-hailstorm-legislation/) - In an important decision interpreting Chapter 542A, Insurance Code, enacted by the Legislature in 2017 to curb abuses in claims for property damage arising from hail, wind, or rainstorms, the Dallas Court of Appeals has held that an insurer that pays the amount of the appraisal award and prepays interest prior to a judgment can
- [TCJL Legislative Tracking Report 5-19-23](https://tcjl.com/tcjl-legislative-tracking-report-5-19-23/) - TCJL Tracked Bill List May 19, 2023 May 20 is the last day for House committees to report Senate bills and joint resolutions. May 21 is the last day for distribution of a House daily calendar with Senate bills and joint resolutions (by 10 p.m.). May 23 is the last day for the House to
- [TCJL Legislative Tracking Report 5-5-23](https://tcjl.com/tcjl-legislative-tracking-report-5-5-23/) - TCJL Tracked Bill List May 5, 2023 To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx Latest actions appear in red. Bills in italics have passed the first chamber. Due to the high volume of recent activity, please confirm latest bill status on Texas Legislature Online. TCJL Priority Bills New Causes of Action Pandemic
- [SCOTX Reverses TCPA Dismissal in Legal Malpractice Case](https://tcjl.com/scotx-reverses-tcpa-dismissal-in-legal-malpractice-case/) - The Texas Supreme Court has reversed a Tyler Court of Appeals opinion dismissing a legal malpractice claim under the Texas Citizens Participation Act (TCPA). USA Lending Group, Inc. v. Winstead PC and James Ruiz (No. 21-0437; delivered May 19, 2023) arose from an underlying federal lawsuit brought by USA against a former employee for breach
- [Substitute for HB 5 Laid Out in Senate Committee](https://tcjl.com/substitute-for-hb-5-laid-out-in-senate-committee/) - At this morning’s Senate Business & Commerce Committee hearing on HB 5, the new school tax incentive program, Chairman Schwertner laid out a substitute that makes substantial changes to the version that passed the House. As we only received a copy of the substitute just prior to the hearing, we haven’t had time to
- [San Antonio Court of Appeals Sides with Landowner in Tort Claims Act Case Against a County Commissioner](https://tcjl.com/san-antonio-court-of-appeals-sides-with-landowner-in-tort-claims-act-case-against-a-county-commissioner/) - Jim Wells County Commissioner Rene Chapa ordered a work crew to cut down dozens of trees along County Road 352. The crew entered the property of the Perez Ranch to execute their orders and cut down trees located entirely on ranch property, as well as on the public right-of-way. No one from the county notified
- [Amarillo Court of Appeals Holds That Non-Operating Working Interest in Oil-and-Gas Lease May Be Adversely Possessed](https://tcjl.com/amarillo-court-of-appeals-holds-that-non-operating-working-interest-in-oil-and-gas-lease-may-be-adversely-possessed/) - Over a dissent, the Amarillo Court of Appeals has ruled that title to a non-operating working interest in a mineral lease may pass by adverse possession. PBEX II, LLC; PBEX Operations, LLC; PBEX Operating, LTD; Word B. Wilson Investments, LP; Primero Energy, LLC; Chel-Trand Holdings, LLC; WPW Permian LLC; CBS Permian, LLC; and Torch Oil
- [Austin Court of Appeals Sides with Comptroller in Franchise Tax Refund Case](https://tcjl.com/austin-court-of-appeals-sides-with-comptroller-in-franchise-tax-refund-case/) - The Austin Court of Appeals has upheld the comptroller’s denial of a franchise tax refund in a case involving the calculation of “total revenue” for purposes of the tax. Appellants, Hibernia Energy LLC; and Ryan, LLC, as Assignee//Cross Appellants, Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General
- [Fort Worth Court of Appeals Reverses Dismissal of Health Care Liability Claim](https://tcjl.com/fort-worth-court-of-appeals-reverses-dismissal-of-health-care-liability-claim/) - The Fort Worth Court of Appeals has reversed a Denton County trial court’s dismissal of a health care liability claim based on the adequacy of plaintiff’s expert reports. Lucia Nazarian, Individually, and as Proposed Administrator of the Estate of Kevork Nazarian v. Remarkable Healthcare of Carrollton, LLC, and Remarkable Healthcare, LLC (No. 02-22-00324-CV) arose from
- [Houston [1st] Court of Appeals Upholds Discovery Order Compelling NRG’s Former Chief Operating Officer to Give Deposition in Louisiana Case](https://tcjl.com/houston-1st-court-of-appeals-upholds-discovery-order-compelling-nrgs-former-chief-operating-officer-to-give-deposition-in-louisiana-case/) - In a very instructive analysis of the apex-deposition rule, the Houston [1st] Court of Appeals has affirmed a trial court order compelling the former COO of NRG Energy, Inc. to give a deposition pursuant to a letter rogatory from Louisiana court. In re Mauricio Gutierrez and NRG Energy, Inc. (No. 01-22-00188-CV; issued May 11, 2023)
- [SCOTX Holds That Subsequent Purchaser of Home Must Arbitrate Under the Original Purchaser’s Sale Agreement](https://tcjl.com/scotx-holds-that-subsequent-purchaser-of-home-must-arbitrate-under-the-original-purchasers-sale-agreement/) - The Texas Supreme Court has held that the subsequent purchaser of a residence is bound by the arbitration clause in the original buyer’s purchase-and-sale agreement with the homebuilder. The decision reverses the Houston [14th] Court of Appeals. The facts of Lennar Homes of Texas Land and Construction, Ltd. and Lennar Homes of Texas Sales and
- [SCOTX Affirms Dallas Court of Appeals in Case Involving Construction of a Release](https://tcjl.com/scotx-affirms-dallas-court-of-appeals-in-case-involving-construction-of-a-release/) - The Texas Supreme Court has affirmed a Dallas Court of Appeals decision holding that a broad form release provision in an acreage swap agreement between oil and gas producers. Finley Resources, Inc., Finley Production Co. L.P. and Petro Canyon Energy, LLC v. Headington Royalty, Inc. and Headington Energy Partners, LLC (No. 21-0509; delivered May 12,
- [SCOTX Reverses Dallas Court of Appeals in Multi-Million-Dollar Noneconomic Damages Case](https://tcjl.com/scotx-reverses-dallas-court-of-appeals-in-multi-million-dollar-noneconomic-damages-case/) - The Texas Supreme Court has reversed a Dallas Court of Appeals decision affirming a multi-million-dollar judgment in favor of the plaintiffs in a fatality accident on IH 35. Among other things, the case raised troubling issues regarding the trial court’s ruling on the defendant’s Batson challenges to the use of the plaintiffs’ peremptory strikes. It
- [SCOTX Mandamuses Trial Court That Denied Motion to Compel a Medical Examination](https://tcjl.com/scotx-mandamuses-trial-court-that-denied-motion-to-compel-a-medical-examination/) - The Texas Supreme Court has issued a conditional writ of mandamus ordering a trial court to grant a defense motion to compel a medical examination under Rule 204.1, TRCP. In re The Sherwin-Williams Company and Roberto Hernandez (No. 22-0559) arose from a commercial vehicle accident. Plaintiff allegedly sustained spinal injuries for which he sought damages
- [Antitrust Enforcement Bill Runs Counter to Conservative Legal Principles (HB 5214)](https://tcjl.com/antitrust-enforcement-bill-runs-counter-to-conservative-legal-principles-hb-5214/) - Earlier this week we reported on House passage of HB 5214, which expands Texas antitrust law by rejecting the so-called “Illinois Brick Doctrine,” which provides that federal antitrust law does not permit indirect purchasers to assert antitrust claims and recover damages. Ill. Brick Co. v. Ill., 431 U.S. 720 (U.S. 1977). In that decision, however,
- [Three Bills on Tomorrow’s House Calendar Reverse Hard-Won Tort Reforms (HB 888, HB 3357, HB 3570)](https://tcjl.com/three-bills-on-tomorrows-house-calendar-reverse-hard-won-tort-reforms-hb-888-hb-3357-hb-3570/) - As we began reporting even before the 88th Legislature convened in January, the onslaught of proposed legislation upending more than three decades of progress in improving the Texas tort liability system has been unprecedented this session. While many of these have fallen by the wayside, some continue to have life as we approach key legislative
- [Southeast Texas Record - Texas Senate hears testimony on bills seeking to expand AG’s authority to pursue antitrust litigation](https://tcjl.com/southeast-texas-record-texas-senate-hears-testimony-on-bills-seeking-to-expand-ags-authority-to-pursue-antitrust-litigation/) - SOUTHEAST TEXAS RECORD By Staff reports May 9, 2023 AUSTIN - Two Texas bills seeking to expand the authority of the attorney general to pursue antitrust actions have passed the House and were heard by the Senate State Affairs Committee yesterday morning. HB 5214 relates to actions brought by the attorney general on behalf of persons
- [SCOTX Mandamuses Trial Court for Improperly Striking Defendant 18.001 Counteraffidavit](https://tcjl.com/scotx-mandamuses-trial-court-for-improperly-striking-defendant-18-001-counteraffidavit/) - The battle to get some trial courts to follow the law governing counteraffidavits filed under § 18.001, CPRC, to contest the reasonableness and necessity of plaintiff’s medical expenses continues. In a per curiam opinion in In re Chefs’ Produce of Houston, Inc. and Mario Alberto Rangel (No. 22-0286; delivered April 21, 2023), the Texas Supreme
- [Divided SCOTX Holds Texas Courts Have Specific Jurisdiction over German Automakers in “Dieselgate” Case](https://tcjl.com/divided-scotx-holds-texas-courts-have-specific-jurisdiction-over-german-automakers-in-dieselgate-case/) - By a 6-3 majority, the Texas Supreme Court has held that a Travis County trial court has specific jurisdiction over claims brought by the state in response to a nationwide scandal involving foreign automobile manufacturers that tampered with emissions control devices. The State of Texas v. Volkswagen Aktiengesellschaft (No. 21-0130; delivered May 5, 2023) (consolidated
- [US Chamber Comments on Third Party Litigation Funding](https://tcjl.com/us-chamber-comments-on-third-party-litigation-funding/) - The US Chamber, US Chamber Institute for Legal Reform, and 33 partner organizations submit comments in support of a mandatory uniform disclosure requirement for third party litigation funding agreements and why the Committee should ultimately adopt the proposed amendment to Rule 26. The following organizations participated in the comment letter: Advanced Medical Technology Association American
- [SCOTX Holds Temporary Absence from Texas Does Not Toll Limitations](https://tcjl.com/scotx-holds-temporary-absence-from-texas-does-not-toll-limitations/) - Over a pointed dissent, the Texas Supreme Court has held that a Texas resident’s attendance at an out-of-state university did not toll the statute of limitations under § 16.063, CPRC. Sibel Onasis Ferrer v. Madalena Elizabeth Almanza, Isabella P. Almanza, and Albert Boone Almanza (No. 21-0513; delivered April 28, 2023) arose from an automobile accident in
- [Hearing Alert:  HB 2384 in Senate State Affairs](https://tcjl.com/hearing-alert-hb-2384-in-senate-state-affairs-tomorrow/) - Please attend the hearing or send a representative to sign a card FOR HB 2384 Many thanks to all who dropped a card for this bill in the House! HB 2384 by Leach (R-Allen)/ Hughes (R-Tyler) Texas Senate State Affairs Committee 9:00 AM, Thursday, May 4, 2023 Senate Chamber Hearing agenda Video Link HB 2384
- [SCOTX Maintains Common Law Scienter Requirement for Misrepresentations on Insurance Application](https://tcjl.com/scotx-maintains-common-law-scienter-requirement-for-misrepresentations-on-insurance-application/) - The Texas Supreme Court has affirmed an Amarillo Court of Appeals decision upholding the common law requirement that an insurer seeking to deny coverage under an insurance policy plead and prove that the insured intentionally misrepresented material information on an insurance application. American National Insurance Company v. Bertha Arce, Individually and as Representative of All
- [SCOTX Sides with Apache in $200 Million Bivins Ranch Lease Dispute](https://tcjl.com/scotx-sides-with-apache-in-200-million-bivins-ranch-lease-dispute/) - The Texas Supreme Court has reversed a decision of the Eastland Court of Appeals holding that a Memorandum of Lease with a different expiration date than the lease itself creates a fact issue as to the interpretation of the lease. Apache Corporation v. Apollo Exploration, LLC; Cogent Exploration, Ltd. Co.; and Sellmoco, LLC (No. 21-0587; delivered
- [Opinion: Training and transparency in judiciary should be priority - Texans Against Lawsuit Abuse](https://tcjl.com/opinion-training-and-transparency-in-judiciary-should-be-priority-tala/) - Jon Smiley May 2, 2023 You may never see the inside of a courtroom, but the work that goes on there is a concern to all of us. Judges hold considerable power. Their decisions can set important legal precedents. It’s also their job to ensure all parties are treated fairly under the law. Even if you’re
- [Business Court Proposal (HB 19) Clears House](https://tcjl.com/business-court-proposal-hb-19-clears-house/) - HB 19 has cleared a significant hurdle on its way to creating a specialty business court, as 30 other states currently have in some form or fashion. The bill was heavily amended on the House floor, and we know many of you are wondering how things stand at the moment. The following summary hopes to
- [Dallas Court of Appeals Affirms Denial of TCPA Motion to Dismiss](https://tcjl.com/dallas-court-of-appeals-affirms-denial-of-tcpa-motion-to-dismiss/) - Two competitor You-Tubers who give investment advice entered into confidential discussions about “develop[ing] a synergistic business together.” One side “abruptly” broke off talks. Soon thereafter the other side started hearing complaints from its third-party brokers and trading platforms “about his business and personal affairs” who consequently “cease[d] all business with him and his company.” The
- [SCOTX Reverses Class Certification in Landlord-Tenant Dispute Over Late Fees](https://tcjl.com/scotx-reverses-class-certification-in-landlord-tenant-dispute-over-late-fees/) - In a second case involving the corporate landlord Mosaic Baybrook, the Texas Supreme Court has rejected a trial court’s class certification order. Mosaic Baybrook One, L.P., Mosaic Baybrook Two, L.P., and Mosaic Residential, Inc. v. Tammy Cessor (No. 21-0161; delivered April 21, 2023) arose from a dispute between the landlord and numerous tenants over late
- [SCOTX Construes Force Majeure Clause in Oil and Gas Lease As Inapplicable to Scheduling Error](https://tcjl.com/scotx-construes-force-majeure-clause-in-oil-and-gas-lease-as-inapplicable-to-scheduling-error/) - In 2014 an oil and gas operator executed four leases covering about 4,000 acres in Loving County. The leases’ primary term ended on February 28, 2017. During that time, lessee drilled five horizontal wells, the last of which was spudded on November 22, 2016. Among other things, the lease included a retained acreage clause and
- [TCJL Legislative Tracking Report 4-30-23](https://tcjl.com/tcjl-legislative-tracking-report-4-30-23/) - TCJL Tracked Bill List Sunday, April 30, 2023 To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx Latest actions appear in red. Bills highlighted in blue have passed the first chamber. Due to the high volume of recent activity, please confirm latest bill status on Texas Legislature Online. TCJL Priority Bills New
- [SCOTX Rejects Class Action Against Student Housing Provider](https://tcjl.com/scotx-rejects-class-action-against-student-housing-provider/) - The Texas Supreme Court has reversed an Austin Court of Appeals decision upholding a trial court’s order certifying a class action against a major provider of student housing on Texas college campuses. In American Campus Communities, Inc., et al. v. Beth Berry, Brooke Berry, Yael Spirer, and Hailey Hoppensteing, Individually and on behalf of all
- [SCOTX Pondering Whether Attorney’s Fees Award Exceeded Arbitrator’s Authority](https://tcjl.com/scotx-pondering-whether-attorneys-fees-award-exceeded-arbitrators-authority/) - In yet another case involving the boundary between the authority of courts and that of arbitrators, a homebuilder has asked the Texas Supreme Court to review a Corpus Christi Court of Appeals decision upholding an arbitrator’s award of attorney’s fees despite language in the contract specifying that the parties would pay their own fees separately.
- [Federal Judge Dismisses Challenge to Caps on Noneconomic Damages](https://tcjl.com/federal-judge-dismisses-challenge-to-caps-on-noneconomic-damages/) - Austin Federal District Judge Lee Yeakel has dismissed a challenge to Texas’ cap on noneconomic damages in medical liability cases. Plaintiffs in Winnett, et al. v. Frank, et al. (No. 1:20-cv-01155-LY) contended that: (1) the Seventh Amendment of the U.S. Constitution should be incorporated through the Fourteenth Amendment and made applicable to the states; and
- [Bill Aimed At Natural Gas Profiteering During Weather Emergencies Strips Pipelines of Legal Protections (SB 1872)](https://tcjl.com/bill-aimed-at-natural-gas-profiteering-during-weather-emergencies-strips-pipelines-of-legal-protections-sb-1872/) - Still smarting from the fallout from Winter Storm Uri, the Legislature has devoted a lot of time this session to ensuring grid reliability and keeping the lid on the energy market during future winter storms. Part of this strategy, however, includes punitive measures aimed primarily at pipelines that supply power generators. While it generally makes
- [Split SCOTX Upholds Class Action Certification in Landlord-Tenant Dispute Over Utility Charges](https://tcjl.com/split-scotx-upholds-class-action-certification-in-landlord-tenant-dispute-over-utility-charges/) - By a 5-4 majority, the Texas Supreme Court has affirmed a trial court’s class certification order in a dispute putting hundreds of residential tenants against a Harris County corporate landlord. As we reported several months ago, SCOTX consolidated three cases arising from the same facts. For purposes of this report, we will refer to Mosaic
- [Beaumont Court of Appeals Reverses Trial Court Denial of Immunity in TTCA Lawsuit Against Lamar University](https://tcjl.com/beaumont-court-of-appeals-reverses-trial-court-denial-of-immunity-in-ttca-lawsuit-against-lamar-university/) - A student moving out of her Lamar University dormitory room slipped and fell. She sued Lamar for $1 million, asserting premises liability and negligence claims. Lamar filed a plea to the jurisdiction. The trial court denied the plea. Lamar appealed. The Beaumont Court of Appeals reversed and rendered in favor of Lamar. These are the
- [Fort Worth Court of Appeals Rejects Challenge to Adequacy of Chapter 74 Expert Report](https://tcjl.com/fort-worth-court-of-appeals-rejects-challenge-to-adequacy-of-chapter-74-expert-report/) - A resident of a long-term care facility, who suffered from dementia and other medical conditions, choked on her food and died. A physician had ordered her food to be pureed or ground, but she was served a food trey with a regular diet. When facility staff noticed that she was choking, they performed the Heimlich
- [Fort Worth Court of Appeals Finds Trial Court Abused Discretion a Second Time in Rule 91a Attorney’s Fees Case](https://tcjl.com/fort-worth-court-of-appeals-finds-trial-court-abused-discretion-a-second-time-in-rule-91a-attorneys-fees-case/) - For the second time in three years, the Fort Worth Court of Appeals has found that a Tarrant Court district court abused its discretion for failing to follow the law in determining attorney’s fees to defendants who prevailed on a Rule 91a motion to dismiss for failure to state a claim. Matthew D. Challis and
- [TCJL Legislative Tracking Report 4-23-23](https://tcjl.com/tcjl-legislative-tracking-report-4-23-23/) - TCJL Tracked Bill List Sunday, April 23, 2023 To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx Latest actions appear in red. Bills highlighted in blue have passed the first chamber. Due to the high volume of recent activity, please confirm latest bill status on Texas Legislature Online. TCJL Priority Bills New
- [Construction Bills Raise Potential Liability Concerns for Lenders, Owners, and Contractors (HB 1963, HB 2657, HB 2928, HB 3977)](https://tcjl.com/construction-bills-raise-potential-liability-concerns-for-lenders-owners-and-contractors-hb-1963-hb-2657-hb-2928-hb-3977/) - As is the case every session, several bills have been introduced that, in one way or another, affect contractual relationships in the construction industry and seek to adjust rights and duties between those who finance projects, own them, and build them. Responses to these proposals generally differ widely depending on what role the particular party
- [SCOTX’s Denial of Review in Tort Claims Act Suit Draws Dissent](https://tcjl.com/scotxs-denial-of-review-in-tort-claims-act-suit-draws-dissent/) - Last week the Texas Supreme Court declined to review Constantino Meza, Plutarco Meza, Daniela Meza, and Alejandra Meza v. The City of Fort Worth, Texas (No. 22-0296), a Texas Tort Claims Act case arising from a fatal traffic accident in which plaintiffs’ vehicle was struck from behind by a driver fleeing a police traffic stop.
- [Bills Lifting Limitations Periods on Personal Injury Suits for Child Sexual Abuse May Be Heard Next Week (HB 206, HB 3533, HB 4601)](https://tcjl.com/bills-lifting-limitations-periods-on-personal-injury-suits-for-child-sexual-abuse-may-be-heard-next-week-hb-206-hb-3533-hb-4601/) - As we have previously reported, legislation has once again been filed this session that eliminates the current 30-year statute of limitations in suits for personal injury arising from sexual offenses against. It appears that one or more of these proposals may be heard in House Judiciary next week. These proposals have bipartisan appeal and seek
- [House Passes HB 2384 to Third Reading](https://tcjl.com/house-passes-hb-2384-to-third-reading/) - By a margin of 137-3, the House has passed HB 2384 to third reading. Authored by Rep. Jeff Leach (R-Allen), joined by co-authors Rep. Andrew Murr (R-Junction), Rep. Julie Johnson (D-Farmers Branch), and Rep. Joe Moody (D-El Paso), HB 2384 makes the most significant improvements in decades to judicial training requirements, access to pertinent voter
- [SCOTX Finds No Waiver of Immunity in Tort Claims Act Case](https://tcjl.com/scotx-finds-no-waiver-of-immunity-in-tort-claims-act-case/) - A driver on the Texas A&M University Rellis campus missed a turn at a T-shaped intersection and drove his car into a ditch. He sued TAMU under the Texas Tort Claims Act, alleging that his injuries resulted from the University’s failure to place lighting, barricades, and warning signs at the intersection. TAMU filed a jurisdictional
- [SCOTX Holds That Arbitration Agreement Incorporating AAA Rules by Reference Delegates Determination of Arbitrability to Arbitrator](https://tcjl.com/scotx-holds-that-arbitration-agreement-incorporating-aaa-rules-by-reference-delegates-determination-of-arbitrability-to-arbitrator/) - In another case in which TCJL participated as amicus curiae, SCOTX has held that an arbitration provision in a contract between oil and gas producers that explicitly incorporates the “Commercial Rules of the American Arbitration Association” delegates the determination of the arbitrator’s jurisdiction to the arbitrator, not to a court in the first instance. AAA
- [SCOTX Once Again Reverses Houston Court of Appeals in Coverage Dispute](https://tcjl.com/scotx-once-again-reverses-houston-court-of-appeals-in-coverage-dispute/) - For the second time in four years, the Texas Supreme Court has weighed in to reverse a court of appeals’ decision nullifying an additional insured’s coverage under a CGL umbrella policy. As we reported nearly in the fall of 2021, the First Court of Appeals [Houston] handed down a decision in a coverage dispute between
- [TCJL Legislative Tracking Report 4-16-23](https://tcjl.com/tcjl-legislative-tracking-report-4-16-23/) - TCJL Tracked Bill List Sunday, April 16, 2023 To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx Latest actions appear in red. Due to the high volume of recent activity, please confirm latest bill status on Texas Legislature Online. TCJL Priority Bills New Causes of Action Pandemic Liability/Emergency Powers Dobbs/SB 8/Obergefell/LGBTQ
- [SCOTX Corrects Calculation of Damages in Breach of Real Estate Contract Case](https://tcjl.com/scotx-corrects-calculation-of-damages-in-breach-of-real-estate-contract-case/) - In a per curiam opinion, the Texas Supreme Court has restated the rule for calculating damages in a breach of a real estate contract case when “(1) a buyer breaches [the contract] (2) after the seller has fully performed, and (3) the value of the property at the time of the breach exceeds the contract
- [How Much Would Mandatory E-Verify Cost Texas Businesses (SB 1621/HB 3846)?](https://tcjl.com/how-much-would-mandatory-e-verify-cost-texas-businesses-sb-1621-hb-3846/) - As we discussed earlier this week, the Senate Business & Commerce Committee is considering legislation mandating that private employers use the E-Verify program when hiring new employees. States with similar global mandates include Alabama, Arizona, Georgia, Mississippi, South Carolina, Tennessee, and Utah, though quite a few others, including Texas, require E-Verify. The largest economy in
- [Private Employers Required to Use E-Verify System Under Proposed Legislation (SB 1621/HB 3846)](https://tcjl.com/private-employers-required-to-use-e-verify-system-under-proposed-legislation-sb-1621-hb-3846/) - Under proposed legislation heard yesterday in the Senate Business & Commerce Committee, virtually all private employers in Texas will be required to participate in the E-Verify program when hiring new employees. SB 1621/HB 3846 directs state agencies to enforce the E-Verify mandate by making participation “a condition of a license, certificate, registration, permit, or other
- [SCOTX Determines Professional Football Player’s Stay at Hotel Met TWCA’s Mandatory Venue Requirement](https://tcjl.com/scotx-determines-professional-football-players-stay-at-hotel-met-twcas-mandatory-venue-requirement/) - The Texas Supreme Court has ruled in favor of a former player for the Dallas Cowboys in a venue dispute arising from a workers’ compensation case. Alcus Reshod Fortenberry v. Great Divide Insurance Company (No. 21-1047; decided March 31, 2023) arose from an appeal for judicial review of a decision of a Division of Workers’ Compensation
- [Committee Substitute for HB 1239 Reveals the Impossibility of Legislating “ESG” in a Free Market Economy](https://tcjl.com/committee-substitute-for-hb-1239-reveals-the-impossibility-of-legislating-esg/) - Among the many bills filed to, in one way or another, punish or constrain businesses from referring to so-called “ESG” factors in operating their businesses as they see fit, HB 1239 is on the move. But the form in which the bill emerged from committee last week confirms just how difficult it is to legislate
- [Proposed Constitutional Amendment Protecting Certain Uses of Homestead Property May Have Big Unintended Consequences (HJR 9)](https://tcjl.com/proposed-constitutional-amendment-protecting-certain-uses-of-homestead-property-may-have-big-unintended-consequences-hjr-9/) - One of the most interesting proposals we have seen this session is HJR 9, which amends the Texas Constitution’s Bill of Rights (Article I) to grant “[a]n individual . . . the right to conduct activities on the individual’s homestead property to secure for the residents of that property access to food, water, electric power,
- [Another No-Injury Cause of Action: HB 3357](https://tcjl.com/another-no-injury-cause-of-action-hb-3357/) - We have commented on several bills filed this session that impose liability without the requirement of an actual injury, proof of causation, or even a standard of liability. Another of these will be heard in House Judiciary on Wednesday. HB 3357 creates a new private cause of action for damages “if the defendant: (1) engages
- [TCJL Legislative Tracking Report 4-6-23](https://tcjl.com/tcjl-legislative-tracking-report-4-6-23/) - TCJL Tracked Bill List Thursday, April 6, 2023 To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx Latest actions appear in red. Due to the high volume of recent activity, please confirm latest bill status on Texas Legislature Online. TCJL Priority Bills New Causes of Action Pandemic Liability/Emergency Powers Dobbs/SB 8/Obergefell/LGBTQ Nullification
- [AGC’s Ultra Vires Claim Survives Jurisdictional Challenge in El Paso Court of Appeals](https://tcjl.com/agcs-ultra-vires-claim-survives-jurisdictional-challenge-in-el-paso-court-of-appeals/) - The El Paso Court of Appeals has ruled that a lawsuit brought by Associated General Contractors of Texas and a local highway contractor against the El Paso County Commissioners Court may proceed. Ricardo A. Samaniego, in his official capacity as County Judge; Carlos Leon, in his official capacity as a County Commissioner; David Stout, in
- [SCOTX Rules In Favor of Houston Fire Fighter and Police Unions in Dispute with City of Houston](https://tcjl.com/scotx-rules-in-favor-of-houston-fire-fighter-and-police-unions-in-dispute-with-city-of-houston/) - The Texas Supreme Court has sided with Houston fire fighter and police unions in a contentious pay dispute with the City of Houston. City of Houston v. Houston Professional Fire Fighters’ Association, Local 341 (21-0518) and Houston Police Officers’ Union, et al. v. Houston Professional Fire Fighter’s Association, IAFF Local 341, et al. (No. 21-0755; decided
- [2003 Medical Liability Reforms 20 Years On: Has the Legislature Changed Its Mind?](https://tcjl.com/2003-medical-liability-reforms-20-years-on-has-the-legislature-changed-its-mind/) - Twenty years ago this spring the Texas Legislature enacted and Governor Rick Perry signed HB 4, a series of medical liability reforms aimed at addressing a catastrophic liability insurance and access to care crisis stemming from medical malpractice lawsuits. Fast forward to 2023, where we are tracking dozens of bills that impose new liability on
- [San Antonio Court of Appeals Rules for Marathon in JOA Dispute](https://tcjl.com/san-antonio-court-of-appeals-rules-for-marathon-in-joa-dispute/) - The San Antonio Court of Appeals has sides with Marathon Oil in a dispute over payments under a joint operating agreement with 1776 Energy Partners. 1776 Energy Partners, LLC v. Marathon Oil EF, LLC (No. 04-20-00304-CV; delivered March 29, 2023) arose from 1776’s failure to pay certain joint interest billing states (JIBs) related to three
- [Corpus Christi Court of Appeals Nixes Forum Shopping in Hospital Lien MDL Case](https://tcjl.com/corpus-christi-court-of-appeals-nixes-forum-shopping-in-hospital-lien-mdl-case/) - The Corpus Christi Court of Appeals has issued a writ of mandamus ordering a Hidalgo County district court to vacate an order reversing a prior order transferring venue of various hospital lien cases to Fort Bend County. The case is somewhat procedurally complex but contains important jurisprudence on the operation of the jurisdiction and authority
- [TCJL Legislative Tracking Report 3-31-23](https://tcjl.com/tcjl-legislative-tracking-report-3-31-23/) - TCJL Tracked Bill List Friday, March 31, 2023 To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx Latest actions appear in red. TCJL Legislative Priority Bills Judicial Education HB 2384 by Leach (R-Allen): Requires a judicial candidate's ballot application to include the candidate's bar number, to disclose any public sanction or censure
- [Legislation Banning Gender Transition and Gender Affirming Care Raises Serious Due Process Concerns](https://tcjl.com/legislation-banning-gender-transition-and-gender-affirming-care-raise-serious-due-process-concerns/) - By our count, at least 16 bills have been introduced this session to in one way or another prohibit gender transition or gender affirming care for minors. In general, these bills punish physicians and health care providers for providing certain treatments, prohibit insurers and public health plans from covering them, impose criminal and civil liability,
- [Is Proposed Legislation Criminalizing “Drag” Performances Constitutional (SB 12)?](https://tcjl.com/is-proposed-legislation-criminalizing-drag-performances-constitutional-sb-12/) - If you have been perusing our weekly bill tracking reports, you have undoubtedly noticed a number of bills that, in one way or another, attempt to outlaw so-called “drag” performances in public places where minors might see them. The primary vehicle for the issue is SB 12, which was heard yesterday in Senate committee. SB
- [Corpus Christi Court of Appeals Mandamuses Trial Court for Failing to Follow Policy in Appointment of Appraisal Umpire](https://tcjl.com/corpus-christi-court-of-appeals-mandamuses-trial-court-for-failing-to-follow-policy-in-appointment-of-appraisal-umpire/) - In re State Farm Lloyds (No. 13-22-00545-CV; filed February 15, 2023) arose from a dispute between a homeowner and his insurance carrier over the extent of property damage to the home in a 2020 hurricane. Unable to agree on damages, the appraisal provision of the homeowner’s policy kicked in. When the appraisers for the homeowner
- [Dallas Court of Appeals Reverses Denial of TCPA Motion to Dismiss on Some Claims, Affirms on Others](https://tcjl.com/dallas-court-of-appeals-reverses-denial-of-tcpa-motion-to-dismiss-on-some-claims-affirms-on-others/) - In a case applying the 2019 amendments to the Texas Citizens Participation Act (Ch. 27, CPRC), the Dallas Court of Appeals has thrown out some of the defense’s counterclaims, but not all of them. LaCore Enterprises, LLC and Link Biosciences, LLC v. Claire Angles, Michael Kearl, Michael Smith, and The Virtual Formula, LLC (No. 05-21-00798-CV;
- [Corpus Christi Court of Appeals Rebukes Trial Court for Allowing Disbarred Attorney to Retake Bar Exam Without Paying Fine](https://tcjl.com/corpus-christi-court-of-appeals-rebukes-trial-court-for-allowing-disbarred-attorney-to-retake-bar-exam-without-paying-fine/) - In a decision that strongly reinforces the attorney disciplinary process, the Corpus Christi Court of Appeals has directed a trial court to vacate an order allowing a disbarred attorney to take the bar exam without meeting the requirements for reinstatement. In re State Bar of Texas (No. 13-23-00009-CV; delivered March 15, 2023) arose from a
- [Please Register Support for HB 2384!](https://tcjl.com/tcjl-hearing-alert-for-house-jcj-wednesday-3-29-23-800a-e2-016/) - Texas Civil Justice League HEARING ALERT Please attend the hearing or send a representative to sign a card FOR HB 2384 If you cannot attend the hearing, please submit a comment in support of HB 2384 in the online hearing portal: https://comments.house.texas.gov/home?c=c330 The online portal is open now and will be open only until the
- [TCJL Hearing Alert and Legislative Tracking Report 3-24-23](https://tcjl.com/tcjl-legislative-tracking-report-3-24-23/) - TCJL Tracked Bill List Friday, March 24, 2023 We did not have time today to update every single bill on this report. Please see the Telicon report at the end of the text report showing our tracked bills with actions in the last 14 days, including links to bill information on Texas Legislature Online https://capitol.texas.gov/Home.aspx
- [Governor Abbott Appoints Fonseca To 476th District Court](https://tcjl.com/governor-abbott-appoints-fonseca-to-476th-district-court/) - MARCH 15, 2023 - Governor Greg Abbott has appointed Ysmael D. Fonseca, Jr. to the 476th Judicial District Court in Hidalgo County for a term set to expire on December 31, 2024, or until his successor is duly elected and qualified. Ysmael D. Fonseca, Jr. of McAllen is partner at Guerra & Sabo, PLLC. Previously,
- [Austin Court of Appeals Sides with Power Generators in Dispute with PUC Over Winter Storm Uri Pricing Orders](https://tcjl.com/austin-court-of-appeals-sides-with-power-generators-in-dispute-with-puc-over-winter-storm-uri-pricing-orders/) - As everyone knows, Winter Storm Uri came within a hair’s breadth of crashing the electric grid, prompting the PUC, among other things, to order ERCOT to establish a $9,000/MWh as the both the floor and ceiling “market price” for energy for a four-day period in February 2021. Numerous power generators immediately challenged the PUC’s orders
- [SCOTX Divides Over San Antonio Charter Amendment Election](https://tcjl.com/scotx-divides-over-san-antonio-charter-amendment-election/) - By a 6-3 decision, the Texas Supreme Court has declined to intervene in a May 6 election on city charter amendments in San Antonio. The decision has an abortion angle, which may in part explain the vociferous dissenting opinion. In re Maria Teresa Ramirez Morris, and Texas Alliance for Life, Inc. (No. 23-0111; March 17,
- [SCOTX Sides with Wal-Mart Over Xerox in SNAP Reimbursement Dispute](https://tcjl.com/scotx-sides-with-wal-mart-over-xerox-in-snap-reimbursement-dispute/) - In a case pitting two American corporate giants against each other, the Texas Supreme Court has held that Wal-Mart is entitled to assert common law negligence claims against Xerox, which holds state contracts in Texas and several other states to process payments for the federally-funded Supplemental Nutrition Assistance Program (SNAP). Wal-Mart Stores, Inc.; Wal-Mart Stores
- [Sowing and Reaping: SB 8 Copycat Legislation Targets Firearms, ESG (HB 925, HB 645, HB 319)](https://tcjl.com/sowing-and-reaping-sb-8-copycat-legislation-targets-firearms-esg/) - The unfortunate precedent established by SB 8 holds that any person can sue any other person for just about anything the party in power at a particular point in history doesn’t like. Legislation introduced late last week by Rep. Harold Dutton (D-Houston) uses the SB 8 template—down to the letter—substituting a long list of assault
- [Proposed Substitute for HB 2021 Does Not Resolve ERISA Pre-emption Concerns](https://tcjl.com/proposed-substitute-for-hb-2021-does-not-resolve-erisa-pre-emption-concerns/) - As you may recall from our prior analysis, HB 2021 would require a health benefit plan issuer or pharmacy benefit manager (PBM) contracted to administer a self-funded, employer-sponsored employee benefit plan governed by the Employer Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. § 1001 et seq.) to comply with certain state statutes and
- [TCJL HEARING ALERT for Senate Jurisprudence 9:00 Wednesday 3-22-23](https://tcjl.com/218880-2/) - Texas Civil Justice League HEARING ALERT Please attend the hearing and sign a card FOR SB 1603 Texas Senate Jurisprudence Committee Chairman Bryan Hughes Wednesday, March 22, 2023 9:00 2E.20 Betty King Cmte Rm FULL AGENDA Permissive Appeals SB 1603 by Hughes / HB 1561 by Smithee TCJL 1 pager on SB 1603 / HB 1561
- [TCJL Submits Amicus Letter in Excess Policy Interpretation Case](https://tcjl.com/tcjl-submits-amicus-letter-in-excess-policy-interpretation-case/) - A few months ago we reported on a Houston [14th] Court of Appeals case in which the court rejected the insurer’s argument that an excess policy with a “following form” provision incorporating the terms and conditions of the primary policy clearly and unambiguously excluded defense costs. As we thought would be the case, the insurer
- [SCOTX Grants Emergency Stay in $220 Million Securities Fraud Case](https://tcjl.com/scotx-grants-emergency-stay-in-220-million-securities-fraud-case/) - Last week the Texas Supreme Court issued an emergency stay while it considers a petition for writ of mandamus in a massive securities fraud case involving an energy company accused of paying bribes to the Angolan government in exchange for offshore drilling concessions, an international investment brokerage house that backed the company, and the company’s
- [TCJL Weighs in Case Interpreting “Willful Misconduct” in Oil & Gas Joint Operating Agreements](https://tcjl.com/tcjl-weighs-in-case-interpreting-willful-misconduct-in-oil-gas-joint-operating-agreements/) - Last week TCJL filed an amicus letter in support of a motion for rehearing in a case that should be of great concern to folks in the oil patch. The Texas Supreme Court has denied review, but we think the definitional issue is of statewide importance and should be reviewed. Castex Energy Partners, LLC, et
- [TCJL Legislative Tracking Report 3-17-23](https://tcjl.com/tcjl-legislative-tracking-report-3-17-23/) - TCJL Tracked Bill List Friday, March 17, 2023 To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx New bills and actions appear in red. Please note the addition of bill referrals to this week’s report. TCJL Legislative Priority Bills Judicial Training & Transparency TCJL 1 pager on HB 2384 HB
- [Proposed Legislation Creates 115 New Causes of Action and 104 New Penalties Against Businesses, 31 Causes of Action and 30 Penalties Against Health Care Providers](https://tcjl.com/proposed-legislation-creates-115-new-causes-of-action-and-104-new-penalties-against-businesses-31-causes-of-action-and-30-penalties-against-health-care-providers/) - With the March 10 deadline for filing new bills in the rearview mirror, TCJL is tracking hundreds of bills that create new private causes of action, new liability for civil, administrative, and criminal penalties, and new liability for attorney’s fees. This broad overview is intended to give you a general idea of scope of these
- [Update on New Causes of Action at Close of Bill Filing](https://tcjl.com/update-on-new-causes-of-action-at-close-of-bill-filing/) - Since we took our first snapshot of new causes of action in January, we expressed concern that what we were seeing constituted an ominous trend. Now that March 10 has come and gone, and lawmakers have filed north of 8,000 bills and resolutions. We would love to say that the trend we foresaw in January
- [SCOTX Grants Review in Two Cases Dealing With Adequacy of Medical Authorization; Legislature Weighing In As Well (HB 3063)*](https://tcjl.com/scotx-grants-review-in-two-cases-dealing-with-adequacy-of-medical-authorization-legislature-weighing-in-as-well-hb-3063/) - The Texas Supreme Court has agreed to hear two cases involving an important aspect of the 2003 health care liability reforms. The cases present the court with opinions that reached opposite conclusions on similar facts. Section 74.051, CPRC, requires a claimant to give notice of a health care liability claim to each physician or provider
- [SCOTX Rules for Landowners in Royalty Dispute](https://tcjl.com/scotx-rules-for-landowner-in-royalty-dispute/) - On Friday the Texas Supreme Court rules that an unusual provision in an oil and gas lease entitled the lessor-landowners to a royalty “free of post-sale postproduction costs that add value after the point of sale but are not part of the producers’ ‘gross proceeds.’” The decision thus differs from those that determine disputes over
- [TCJL HEARING ALERT for House JCJ, 8:00a on Wednesday 3-15-23](https://tcjl.com/tcjl-hearing-alert/) - Texas Civil Justice League HEARING ALERT Please attend the hearing or send someone to and sign a card FOR HB 1561 and HB 1372. Texas residents who wish to electronically submit comments related to agenda items on this notice without testifying in person can do so until the hearing is adjourned by visiting: https://comments.house.texas.gov/home?c=c330 Texas
- [TCJL Legislative Tracking Report 3-10-23](https://tcjl.com/tcjl-legislative-tracking-report-3-10-23-2/) - TCJL Tracked Bill List Friday, March 10, 2023 The bill filing period closes today. To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx New bills and actions appear in red. Please note the addition of bill referrals to this week’s report. TCJL Legislative Priority Bills Judicial Training & Transparency
- [TCJL Legislative Tracking Report 3-3-23](https://tcjl.com/tcjl-legislative-tracking-report-3-3-23/) - TCJL Tracked Bill List Friday, March 3, 2023 The bill filing period closes on Friday, March 10. To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx New bills and actions appear in red. Please note the addition of bill referrals to this week’s report. TCJL Legislative Priority Bills Judicial Training &
- [Does Proposed Legislation Requiring Taxpayers to Certify Whether They Provide Benefits for Abortion Violate the Fifth Amendment (HB 1280/SB 953)?](https://tcjl.com/does-proposed-legislation-requiring-taxpayers-to-certify-whether-they-provide-benefits-for-abortion-violate-the-fifth-amendment-hb-1280-sb-953/) - The Fifth Amendment to the United States Constitution, as everyone knows, provides that no person “shall be compelled in any criminal case to be a witness against himself.” Article 1, § 10 of the Texas Constitution similarly states that an accused “shall not be compelled to give evidence against himself.” We have grown familiar with
- [Proposed Legislation (HB 2021) Applies Certain Mandates Regarding Prescription Drugs and Devices to ERISA Employee Benefit Plans](https://tcjl.com/proposed-legislation-hb-2021-applies-certain-mandates-regarding-prescription-drugs-and-devices-to-erisa-employee-benefit-plans/) - Recently introduced legislation would require a pharmacy benefit manager (PBM) contracted to administer a self-funded, employer-sponsored employee benefit plan governed by the Employer Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. § 1001 et seq.) to comply with certain state statutes and regulations, The legislation, HB 2021, sets up a potential clash over whether
- [Speaker Phelan announces Texas House priorities for 88th Texas Legislature on brain health, juvenile justice and parental involvement](https://tcjl.com/speaker-phelan-announces-texas-house-priorities-for-88th-texas-legislature-on-brain-health-juvenile-justice-and-parental-involvement/) - Austin, Texas — Speaker of the Texas House Dade Phelan today announced three additional priorities of the chamber for this legislative session that aim to dedicate more dollars toward brain health research, improve the outcomes of youth in the state’s juvenile justice system and address the rising concern among Texas parents over certain content in
- [Texans Have Much To Be Proud Of In Their Supreme Court](https://tcjl.com/texans-have-much-to-be-proud-of-in-their-supreme-court/) - We probably don’t say it frequently enough, but Texans have a really good thing in the Texas Supreme Court. In spite of several changes in the lineup in the recent past (Justices Bland, Blacklock, Huddle, Busby, and Young have all come on board in the last few years), the Court has not missed a step.
- [SCOTX Finds Lack of Reliable Scientific Evidence in Toxic Tort Exposure Case](https://tcjl.com/scotx-finds-lack-of-reliable-scientific-evidence-in-toxic-tort-exposure-case/) - Reversing the Eastland Court of Appeals, the Texas Supreme Court has held that plaintiffs’ expert testimony failed to raise genuine issue of material fact sufficient to defeat a summary judgment against the manufacturer of Sendero, an herbicide used to kill mesquite trees. As we reported some months ago, Helena Chemical Company v. Robert Cox, et
- [Speaker Phelan announces additional Texas House priorities for 88th Texas Legislature to build a better Texas](https://tcjl.com/speaker-phelan-announces-additional-texas-house-priorities-for-88th-texas-legislature-to-build-a-better-texas/) - by: Rep. Phelan, Dade 03/06/2023 Austin, Texas — Speaker of the Texas House Dade Phelan today announced three priorities for the chamber this legislative session that focus on building a more resilient Texas by expanding the state’s framework for broadband development, dedicating dollars toward improving water infrastructure and cutting burdensome red tape around property development
- [Speaker Phelan announces additional Texas House priorities for 88th Legislature on economic and workforce development](https://tcjl.com/speaker-phelan-announces-additional-texas-house-priorities-for-88th-legislature-on-economic-and-workforce-development/) - by: Rep. Phelan, Dade 02/28/2023 Austin, Texas — Speaker of the Texas House Dade Phelan announced today additional key legislative priorities of the chamber that are aimed at defending the state’s economic growth over the past two years and creating an opportunity for even more development as population continues to expand at a rapid pace. The
- [Austin Court of Appeals Upholds Validity of DWC Rules Relating to Eligibility for Supplemental Income Benefits](https://tcjl.com/austin-court-of-appeals-upholds-validity-of-dwc-rules-relating-to-eligibility-for-supplemental-income-benefits/) - On Tuesday the Austin Court of Appeals handed down a decision in a case challenging the validity of the Division of Workers' Compensation's rules that specify eligibility requirements for supplemental income benefits (SIBs) for injured employees searching for employment. Appellant, Texas Department of Insurance, Division of Workers’ Compensation//Cross-Appellants, Accident Fund Insurance Company of America and
- [SCOTX Rules That One-Half of One-Eighth Equals One-Half](https://tcjl.com/scotx-rules-that-one-half-of-one-eighth-equals-one-half/) - In a delightful (that is, unless you’re on the losing side) opinion by Justice Young, the Texas Supreme Court has ruled that the use of the term “one-half of one-eighth” in a 1924 deed reserving a mineral interest reserved one-half of the interest, not one-sixteenth. Susan Davis Van Dyke, et al. v. The Navigator Group,
- [SCOTX Upholds Constitutionality of Settlement Credit](https://tcjl.com/scotx-upholds-constitutionality-of-settlement-credit-2/) - In a case of great significance to the 2003 medical and tort liability reforms, the Texas Supreme Court has upheld the application of the dollar-for-dollar settlement credit and ordered the trial court to award part of the plaintiff’s damages in periodic payments, as required by Chapter 74, CPRC. The case attracted intense interest, drawing amicus
- [TCJL Asks Fort Worth Court of Appeals to Reach SB 8 Constitutional Issues](https://tcjl.com/tcjl-asks-fort-worth-court-of-appeals-to-reach-sb-8-constitutional-issues/) - In two cases currently pending before the Fort Worth Court of Appeals, TCJL has filed amicus letters urging the Court to adjudicate the constitutional issues raised by SB 8, the legislation creating a no-injury cause of action by any person against any person for aiding or abetting an abortion. It is important to emphasize that
- [Preserving and Enhancing the Texas Miracle: Texas Civil Justice League Statement of Conservative Business Principles](https://tcjl.com/preserving-and-enhancing-the-texas-miracle-texas-civil-justice-league-statement-of-principles/) - The Texas Civil Justice League (TCJL) was established in 1986 to work on a bipartisan basis with the state leadership and members of the Legislature on policies that strengthen the business climate and make Texas the best place in the nation to work and live. TCJL has always believed that far more unites us than
- [SCOTX Upholds Dismissal of Defamation Lawsuit Against Anti-Abortion Activist](https://tcjl.com/scotx-upholds-dismissal-of-defamation-lawsuit-against-anti-abortion-activist/) - The Texas Supreme Court has ruled that characterizing abortion support organizations as “murderers” engaged in criminal activity is constitutionally protected political speech. In two cases consolidated for oral argument, The Lilith Fund for Reproductive v. Mark Lee Dickson and Right to Life East Texas (No. 21-0978) and Mark Lee Dickson and Right to Life East
- [How Will TCJL Statement of Conservative Business Principles Be Applied in Practice?](https://tcjl.com/how-will-the-tcjl-statement-of-conservative-business-principles-work-apply-in-practice-hb-645/) - Preserving and Enhancing the Texas Miracle. Last week TCJL published its Statement of Conservative Business Principles, together with a “funnel” that graphically represents the questions we ask of legislation that may have a significant liability impact on Texas businesses. How will these principles be applied in practice and what will we do with the resulting
- [TCJL Legislative Tracking Report 2-24-23](https://tcjl.com/tcjl-legislative-tracking-report-2-24-23/) - TCJL Tracked Bill List Friday, February 24, 2023 The bill filing period closes on Friday, March 10. To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx New bills and actions appear in red. Please note the addition of bill referrals to this week’s report. TCJL Legislative Priority Bills HB 2384 by
- [Legislation Introduced to Boost Judicial Education, Transparency (HB 2384)](https://tcjl.com/legislation-introduced-to-boost-judicial-education-transparency-hb-2384/) - Rep. Jeff Leach (R-Plano), chair of the House Judiciary and Civil Jurisprudence Committee, has introduced legislation to make significant improvements in education requirements for newly elected judges and justices and to provide more information for voters about candidates for the bench. The proposed legislation is part of a joint effort by the Citizens for Judicial
- [Red McCombs (1927-2023)](https://tcjl.com/red-mccombs-1927-2023/) - TCJL mourns the passing of Red McCombs earlier this week. Red was a special friend of this organization. For at least the past three decades, he served as the Chair of the TCJL Political Action Committee. In that capacity, Red made an invaluable contribution to the vast improvements that we have made in the courts
- [Austin Court of Appeals Reverses TC, Renders in Favor of City of Austin in Wrongful Death Case](https://tcjl.com/austin-court-of-appeals-reverses-tc-renders-in-favor-of-city-of-austin-in-wrongful-death-case/) - Over a dissenting opinion, the Austin Court of Appeals has reversed a trial court denial of the City of Austin’s plea to the jurisdiction in a lawsuit stemming from the alleged negligence of a police officer. The City of Austin v. Amy-Marie Howard, Individually and as Next Friend of D.A., Minor, and as a Representative
- [SCOTX Upholds Constitutionality of Settlement Credit](https://tcjl.com/scotx-upholds-constitutionality-of-settlement-credit/) - Today the Texas Supreme Court issued its ruling in Jesus Virlar, M.D. and GMG Health Systems Associates, P.A., a/k/a and d/b/a Gonzaba Medical Group v. Jo Ann Puente (No. 20-0923), a medical malpractice case in which plaintiffs asserted that the Chapter 33, CPRC, settlement credit violated the Open Courts provision of the Texas Constitution. TCJL filed an
- [Governor Abbott Appoints Harbin To State Commission On Judicial Conduct](https://tcjl.com/governor-abbott-appoints-harbin-to-state-commission-on-judicial-conduct/) - Governor Greg Abbott has appointed Cliff Harbin to the State Commission on Judicial Conduct for a term set to expire on November 19, 2023. The Commission regulates the conduct of the state judiciary, including the power to recommend for retirement, censure, suspension, or removal of a judge from office. Cliff Harbin of Montgomery retired
- [Patient’s Bill of Rights Proposal Could Spawn Lawsuits Against Health Care Providers - SB297 by Hall](https://tcjl.com/patients-bill-of-rights-proposal-could-spawn-lawsuits-against-health-care-providers/) - As you know, TCJL is tracking legislation that explicitly creates a new private cause of action. But we are also on the lookout for bill that may implicitly create causes of action by imposing new or expanded legal duties. Nowhere is this more evident than in health care liability. We have already identified numerous bills
- [Are There Liability Concerns With Proposed Constitutional Amendments (HJR 38, HJR 58, HJR 85) That Make Parenting a Fundamental Right?](https://tcjl.com/are-there-liability-concerns-with-proposed-constitutional-amendments-hjr-38-hjr-58-hjr-85-that-make-parenting-a-fundamental-right/) - A proposed constitutional amendment adding “the liberty of a parent to direct the upbringing of the parent’s child” as a fundamental right protected by the Texas Constitution’s Bill of Rights (Art. I) has been introduced by four different lawmakers. HJR 38, HJR 58, and HJR 85 would constitute a new “right” to “direct the care,
- [Proposed Legislation Defines Certain Theaters as Sexually-Oriented Businesses (HB 643, HB 708, HB 1266, SB 476)](https://tcjl.com/proposed-legislation-defines-certain-theaters-as-sexually-oriented-businesses-hb-643-hb-708-hb-1266-sb-476/) - Theaters that stage performances of certain plays by William Shakespeare would be defined as “sexually oriented businesses” under four identical bills introduced thus far. HB 643, HB 708, HB 1266, and SB 476 would amend § 243.002, Local Government Code, to subject “drag performances” to city and county regulation as sexually-oriented businesses. The legislation defines
- [Proposed Legislation Challenges Brainard Rule in UM/UIM Cases (HB 1320)](https://tcjl.com/proposed-legislation-challenges-brainard-rule-in-um-uim-cases-hb-1320/) - For the third consecutive session, legislation has been filed reversing in part the 2006 Texas Supreme Court decision in Brainard v. Trinity Universal Insurance Company, 216 S.W.3d 809 (Tex. 2006). Brainard held that an underinsured motorist carrier “is under no contractual duty to pay benefits until the insured obtains a judgment establishing the liability and
- [Massive Consumer Data Privacy Bill Filed (HB 1844)](https://tcjl.com/massive-consumer-data-privacy-bill-filed-hb-1844/) - Earlier today Rep. Giovanni Capriglione (R-Southlake) introduced consumer data privacy legislation (HB 1844) that gives consumers certain rights that may be exercised at any time upon specific request to a controller of the data. These rights include: (1) to confirm whether the controller is processing the consumer’s personal data and to access that data; (2)
- [Bill Targets Manufacturers of Smart Phones and Tablets (HB 1936/SB 417)](https://tcjl.com/bill-targets-manufacturers-of-smart-phones-and-tablets-hb-1936-sb-417/) - Legislation has been filed in each house that would make a manufacturer of an electronic device, such as a smartphone or tablet, civilly liable if the device does not automatically enable a filter blocking sexually explicit content and a minor uses the device to access such material. HB 1936 and SB 417 require manufacturers to
- [Does Proposed Constitutional Amendment (HJR 106) Attempt to Restrict Travel Across State Lines for Health Care Services?](https://tcjl.com/does-proposed-constitutional-amendment-hjr-106-attempt-to-restrict-travel-across-state-lines-for-health-care-services/) - A proposed constitutional amendment filed this week appears to do one thing, but it might in actuality do something quite different. HJR 106 would add a provision to the Texas Bill of Rights (Article I, Texas Constitution) to secure the right of a person “to travel in a vehicle using human decision-making to operate the
- [Legislation Proposes to Change Rules of Statutory Construction (HB 2139)](https://tcjl.com/legislation-proposes-to-change-rules-of-statutory-construction-hb-2139/) - Legislation making substantial changes to Chapters 311 and 312, Government Code, which have long reflected common law principles of statutory construction, was filed last week in the Texas House. The thrust of the proposal, HB 2139, purports to bar a court from inquiring into legislative intent and requires it to “enforce the statutory text as
- [TCJL Photo Gallery:  2023 John Fainter Award and 2022 Board Meeting](https://tcjl.com/tcjl-galleries-2023-john-fainter-award-and-2022-board-meeting/) - https://tcjl.com/gallery/
- [Governor Abbott, Nexstar Media Inc. Announce Live Statewide Telecast Of 2023 State Of The State Address](https://tcjl.com/governor-abbott-nexstar-media-inc-announce-live-statewide-telecast-of-2023-state-of-the-state-address/) - February 7, 2023 | Austin, Texas | Press Release Governor Greg Abbott and Nexstar Media Inc. today announced that Nexstar television stations across the state of Texas will carry a live telecast of Governor Abbott’s 2023 State of the State address on Thursday, February 16, 2023 at 7:00 PM CT, hosted by the Greater San
- [Bill Filed to Establish Procedures for Suits Against Transportation Network Companies (HB 1745)](https://tcjl.com/bill-filed-to-establish-procedures-for-suits-against-transportation-network-companies-hb-1745/) - Rep. Jeff Leach (R-Plano) has proposed legislation addressing litigation against transportation network companies (i.e., ridesharing providers). Rep. Leach filed similar legislation last session, but time ran out before it could be considered on the floor. HB 1745 adds Chapter 150E, CPRC, to require a claimant bringing a personal injury action against a transportation network company to
- [Austin Court of Appeals Affirms TC Order Sanctioning Vexatious Litigant](https://tcjl.com/austin-court-of-appeals-affirms-tc-order-sanctioning-vexatious-litigant/) - In a case involving a sitting Travis County district judge and three former justices of the Austin Court of Appeals, the Austin Court of Appeals has upheld a trial court order granting the judicial defendants relief from a vexatious litigant. Mary Louise Serafine v. The Honorable Karin Crump, The Honorable Bob Pemberton, The Honorable Melissa
- [SCOTX Affirms Corpus Christi Court of Appeals Decision Dismissing Premises Liability Case Against TXDOT](https://tcjl.com/scotx-affirms-corpus-christi-court-of-appeals-decision-dismissing-premises-liability-case-against-txdot/) - A motorcyclist and his passenger were injured when they collided head-on with another vehicle that had crossed into their lane. The collision occurred in a construction area that required moving lanes of traffic to make way for the construction. TXDOT prepared a traffic control plan that called for the placement of concrete barriers between the
- [LT. GOV. DAN PATRICK ANNOUNCES TOP 30 PRIORITIES FOR THE 2023 LEGISLATIVE SESSION](https://tcjl.com/lt-gov-dan-patrick-announces-top-30-priorities-for-the-2023-legislative-session/) - February 13, 2023 AUSTIN – Lt. Gov. Dan Patrick issued the following statement today:“Each session, the 31 members of the Texas Senate file thousands of bills. Some are duplicates because members often have similar priorities voiced to them by their constituents. The tradition has been for bill numbers 1 through 20 to indicate the Lt.
- [SCOTX Rules That Judgment Affirming Arbitration Award Was In Fact Final](https://tcjl.com/scotx-rules-that-judgment-affirming-arbitration-award-was-in-fact-final/) - In a case involving whether a judgment affirming an arbitrator’s award was final as to all parties, the Texas Supreme Court has reaffirmed the general rule that “courts will deem a judgment without a trial to be final ‘(1) [when the judgment] actually disposes of every pending claim and party or (2) [when] it clearly
- [TCJL Legislative Tracking Report 2-10-23](https://tcjl.com/tcjl-legislative-tracking-report-2-10-23/) - TCJL Tracked Bill List Friday, February 10, 2023 The bill filing period closes on Friday, March 10. To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx New bills appear in red. New Causes of Action HB 319 by Oliverson (R-Cypress): Allows a person to decline to participate in a health care
- [Proposed Legislation Creates 51 New Causes of Action and 53 New Penalties Against Businesses, 19 Causes of Action and 21 Penalties Against Health Care Providers](https://tcjl.com/proposed-legislation-creates-51-new-causes-of-action-and-53-new-penalties-against-businesses-19-causes-of-action-and-21-penalties-against-health-care-providers/) - [et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″][et_pb_text admin_label=”Text”] With a little more than month before the bill filing deadline (March 10), TCJL is tracking dozens of bills that create new private causes of action, new liability for civil, administrative, and criminal penalties, and new liability for attorney’s fees. This broad overview is intended to give you
- [Insurer’s Attempt to Collect Overpayments from Health Care Providers Ends in Disaster](https://tcjl.com/insurers-attempt-to-collect-overpayments-from-health-care-providers-ends-in-disaster/) - [et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″][et_pb_text admin_label=”Text”] An insurer that became ensnared in its own corporate practices has lost an appeal to the Fort Worth Court of Appeals as a result. United Healthcare of Texas, Inc. et al. v. Low-T Physicians Services, P.L.L.C., Low-T Physicians Professional Association, and Low-T Physicians Group, P.L.L.C. (No. 02-22-00170-CV; delivered
- [Texas House Committee Assignments - by Committee](https://tcjl.com/texas-house-committee-assignments-by-member-2/)
- [Texas House Committee Assignments - by Member](https://tcjl.com/texas-house-committee-assignments-by-member/)
- [Texas House Committee Chairs](https://tcjl.com/texas-house-committee-chairs/) - DEANS OF THE HOUSE Tom Craddick (R) and Senfronia Thompson (D) SPEAKER PRO-TEM Charlie Geren (R) STANDING COMMITTEES Agriculture & Livestock - Chair Briscoe Cain (R) Appropriations - Chair Greg Bonnen (R) Business & Industry - Chair Oscar Longoria (D) Calendars - Chair Dustin Burrows (R) Corrections - Chair Abel Herrero (D) County
- [Tyler Court of Appeals Reverses TC Denial of Motion to Dismiss Health Care Liability Claim](https://tcjl.com/tyler-court-of-appeals-reverses-tc-denial-of-motion-to-dismiss-health-care-liability-claim/) - In another case involving the adequacy of an expert report served under § 74.351, CPRC, the Tyler Court of Appeals has sent a case back to the trial court with instructions to permit the plaintiff to cure deficiencies in an expert report. Tyler OPS Ltc., Inc. d/b/a Petal Hill Nursing & Rehabilitation v. Cornelius Butler,
- [TCJL Legislative Tracking Report 2-3-23](https://tcjl.com/tcjl-legislative-tracking-report-2-3-23/) - TCJL Tracked Bill List Friday, February 3, 2023 The bill filing period closes on Friday, March 10. To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx New bills appear in red. New Causes of Action HB 319 by Oliverson (R-Cypress): Allows a person to decline to participate in a health care
- [El Paso Court of Appeals Reverses TC Dismissal of Health Care Liability Claim for Insufficient Expert Report](https://tcjl.com/el-paso-court-of-appeals-reverses-tc-dismissal-of-health-care-liability-claim-for-insufficient-expert-report/) - A patient went to an El Paso plastic surgery practice for a breast augmentation. The surgeon performed the implant surgery. A few days later a follow-up visit revealed that a small opening had occurred in the incision. The physician advised the patient to keep the area clean and scheduled another follow-up visit five days later.
- [Fort Worth Court of Appeals Reverses TC, Orders Parties to Arbitration in Legal Malpractice Case](https://tcjl.com/fort-worth-court-of-appeals-reverses-tc-orders-parties-to-arbitration-in-legal-malpractice-case/) - In a case that thoroughly reviews the law governing waiver of arbitration, the Fort Worth Court of Appeals has reversed a trial court order denying a law firm’s motion to compel arbitration in a legal malpractice case. Ferguson Braswell Fraser & Kubasta, P.C. and Soumit Roy v. SAF Oilfield I, LLC and SAF Capital Partners,
- [Fort Worth Court of Appeals Holds for Appraisal District in Compressor Case](https://tcjl.com/fort-worth-court-of-appeals-holds-for-appraisal-district-in-compressor-case/) - The 2011 amendments to the Tax Code establishing a valuation methodology for a dealer’s heavy equipment inventor (DHEI) spawned a passel of litigation between appraisal districts and taxpayers, culminating in a decision by the Texas Supreme Court upholding the constitutionality of the statute in EXLP Leasing, LLC v. Galveston Cent. Appraisal Dist., 554 S.W.3d 572
- [Eastland Court of Appeals Breaks Some New Ground in Mineral Conveyance Case](https://tcjl.com/eastland-court-of-appeals-breaks-some-new-ground-in-mineral-conveyance-case/) - In a case notable for its interpretation of the term “net mineral acre” in a conveyance of mineral interests and its analysis of the estoppel-by-deed doctrine, the Eastland Court of Appeals has ruled in favor of the grantor, who asserted that the grant was burdened by previously reserved nonparticipating royalty interests (NPRIs) and such burden
- [Corpus Christi Court of Appeals Mandamuses Trial Court for Denying Defendants Leave to Designate a Responsible Third Party](https://tcjl.com/corpus-christi-court-of-appeals-mandamuses-trial-court-for-denying-defendants-leave-to-designate-a-responsible-third-party/) - In a case arising from a horrific automobile rollover accident that killed one person and severely injured two others, the Corpus Christi Court of Appeals has held that a trial court abused its discretion when it denied defendants’ motion for leave to designate a responsible third party without giving them the opportunity to replead facts
- [Corpus Christi Court of Appeals Rules That Retaliation Claim May Proceed Against College](https://tcjl.com/corpus-christi-court-of-appeals-rules-that-retaliation-claim-may-proceed-against-college/) - A member of the faculty of Texas Southmost College was not retained after she quarreled with the administration in her capacity as president of the faculty senate. She sued the college for wrongful termination and alleged claims of age and gender discrimination, as well as retaliation for engaging in protected activities. The college filed a
- [TCJL Legislative Tracking Report 1-27-23](https://tcjl.com/tcjl-legislative-tracking-report-1-27-23/) - TCJL Tracked Bill List Friday, January 27, 2022 The bill filing period closes on Friday, March 10. To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx New bills appear in red. New Causes of Action HB 319 by Oliverson (R-Cypress): Allows a person to decline to participate in a health care service
- [San Antonio Court of Appeals Reverses TC Denial of Motion to Compel Arbitration](https://tcjl.com/san-antonio-court-of-appeals-reverses-tc-denial-of-motion-to-compel-arbitration/) - In an opinion by Justice Alvarez, the San Antonio Court of Appeals has reversed a trial court order denying an employer’s motion to compel arbitration in a whistleblower situation. SSC Wimberley Operating Company, LLC v. Goodman (No. 04-22-00355-CV; filed January 11, 2023) arose from the termination of a nursing facility employee’s employment following a report
- [SCOTX Rules that Arbitration Agreement Governs Children’s Claims in Construction Defect Case](https://tcjl.com/scotx-rules-that-arbitration-agreement-governs-childrens-claims-in-construction-defect-case/) - In a pair of per curiam opinions, the Texas Supreme Court has ruled that the minor children of parents who sued a homebuilder for construction defects may be compelled to arbitrate along with their parents based on direct-benefits estoppel. Taylor Morrison of Texas, Inc. and Taylor Woodrow Communities League City, Ltd. v. Erin Skufca as
- [Recent Cases in Arkansas and Oklahoma Keep the Door to ERISA Pre-Emption Firmly Shut](https://tcjl.com/recent-cases-in-arkansas-and-oklahoma-keep-the-door-to-erisa-pre-emption-firmly-shut/) - As we have previously reported, legislation seeking to impose mandates or otherwise change the benefit structure of self-funded employer-sponsored health benefit plans (“ERISA” plans) threatens to undermine those plans by subjecting them to state-by-state regulation. To date, the United States Supreme Court has repeatedly ruled that such efforts are pre-empted by federal law. Despite this
- [Lt. Gov. Dan Patrick Announces 2023 Texas Senate Committee Appointments](https://tcjl.com/lt-gov-dan-patrick-announces-2023-texas-senate-committee-appointments/) - Lt. Gov. Dan Patrick issued the following statement today upon announcing his Texas Senate committee appointments for the 88th Legislative Session: “As the Texas Senate begins its work this session, the committee assignments I made today will ensure we succeed in addressing the priorities of the people of Texas. “This is the strongest, best equipped
- [TCJL Legislative Tracking Report 1-20-23](https://tcjl.com/tcjl-legislative-tracking-report-1-6-23-2/) - TCJL Tracked Bill List Friday, January 20, 2022 The bill filing period closes on Friday, March 10. To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx New bills appear in red. New Causes of Action HB 319 by Oliverson (R-Cypress): Allows a person to decline to participate in a health care service
- [Houston [14th] Court of Appeals Reverses Take Nothing Judgment in Slip-and-Fall Case](https://tcjl.com/houston-14th-court-of-appeals-reverses-take-nothing-judgment-in-slip-and-fall-case/) - Over a blistering dissent, the Houston [14th] Court of Appeals has reversed a take nothing judgment in favor of a Randall’s grocery store and remanded the case for new trial. Maryam Mohammadi v. Albertsons, LLC d/b/a Randall’s; Albertsons Companies, LLC d/b/a Randall’s; Randall’s Food Markets, Inc. d/b/a Randall’s; and Randall’s Food & Drugs, L.P. d/b/a
- [Houston [14th] Court of Appeals Affirms Denial of Special Appearance in Jones Act Case](https://tcjl.com/houston-14th-court-of-appeals-affirms-denial-of-special-appearance-in-jones-act-case/) - A Jones Act case involving an injury to a Louisiana resident in Louisiana will proceed in a Harris County district court, according to a recent opinion by the Houston [14th] Court of Appeals. Marquette Transportation Company, LLC and Marquette Transportation Company Gulf-Inland, LLP (No. 14-21-00729-CV; filed December 13, 2022) arose from a stroke suffered by
- [Houston [14th] Court of Appeals Holds That Insurer Waived Special Appearance](https://tcjl.com/houston-14th-court-of-appeals-holds-that-insurer-waived-special-appearance/) - The Houston [14th] Court of Appeals has affirmed a trial court denying defendant’s special appearance on the basis that defendant waived its special appearance when it asked for and received a hearing on its forum non conveniens motion prior to hearing the special appearance. Zurich American Insurance Company v. Masterworks Development Co, LLC, et al
- [Can Texas Prosecute Providers of Medical Treatments Legal in Other States But Criminalized in Texas?](https://tcjl.com/can-texas-prosecute-providers-of-medical-treatments-legal-in-other-states-but-criminalized-in-texas/) - One of the lightning-rod issues likely to energize legislative debate this session involves a highly complex and arcane question of federal constitutional law: can Texas prosecute someone for receiving, performing, or “aiding and abetting” medical treatment that is illegal in Texas but legal in the jurisdiction where the treatment occurs? This issue has already arisen
- [SCOTX Reverses Amarillo Court of Appeals in Discovery Rule Case](https://tcjl.com/scotx-reverses-amarillo-court-of-appeals-in-discovery-rule-case/) - In a per curiam opinion delivered last week, the Texas Supreme Court has reversed an Amarillo Court of Appeals decision holding “that the discovery rule delays accrual and limitations until the claimant also knows of the wrongful acts and actors, without requiring the plaintiff to exercise reasonable diligence.” The Court’s ruling restores the trial court’s
- [Responding to Fifth Circuit, SCOTX Says No Implied Cause of Action Under Insurance Code’s Emergency Care Statutes](https://tcjl.com/responding-to-fifth-circuit-scotx-says-no-implied-cause-of-action-under-insurance-codes-emergency-care-statutes/) - The Texas Supreme Court has ruled that a pre-2020 statute requiring health benefit plans to pay out-of-network emergency care providers at “usual and customary” rates does not imply a private cause of action by providers that dispute the amount of reimbursement for their services. The Court’s decision disposes of two cases. In the first, UnitedHealthcare
- [Texas Senate Term Drawings](https://tcjl.com/texas-senate-term-drawings/) - TWO YEAR TERMS (2024): Sens. Carol Alvarado (D-Houston), Paul Bettencourt (R-Houston), Cesar Blanco (D-El Paso), Donna Campbell (R-New Braunfels), Sarah Eckhardt (D-Austin), Chuy Hinojosa (D-McAllen), Joan Huffman (R-Houston), Nathan Johnson (D-Dallas), Phil King (R-Weatherford), Morgan LaMantia (D-Harlingen), Tan Parker (R-Flower Mound), Angela Paxton (R-McKinney), Drew Springer (R-Muenster), Royce West (D-Dallas) and John Whitmire (D-Houston) FOUR
- [Corpus Christi Court of Appeals Dismisses Case for Failure to File Certificate of Merit](https://tcjl.com/corpus-christi-court-of-appeals-dismisses-case-for-failure-to-file-certificate-of-merit/) - In a case concerning the definition of the practice of engineering for purposes of Chapter 150, CPRC, the Corpus Christi Court of Appeals has reversed a trial court order denying an engineering firm’s motion to dismiss because plaintiff failed to file a certificate of merit. Aran & Franklin Engineering, Inc. v. Chris Zody d/b/a Millenium
- [Corpus Christi Court of Appeals Allows Defamation Claims Involving Prominent Pop Star to Proceed](https://tcjl.com/corpus-christi-court-of-appeals-allows-defamation-claims-involving-prominent-pop-star-to-proceed/) - In a case that has been shuttling between trial and appellate courts since 2009, the Corpus Christi Court of Appeals has ruled that Gloria de Los Angeles Trevino Ruiz, known also as Gloria Trevi, can proceed on some of her defamation claims against several Mexican television broadcasters whose over-the-air signals travel into parts of Texas.
- [San Antonio Court of Appeals Enforces Arbitration Case in Personal Injury Case](https://tcjl.com/san-antonio-court-of-appeals-enforces-arbitration-case-in-personal-injury-case/) - In a case raising the question of whether plaintiff employee sued a non-signatory to an arbitration agreement between the employee and his employer to avoid the agreement, the San Antonio Court of Appeals has reversed a trial court order denying the employer’s motion to compel arbitration and to stay proceedings against the non-signatory parties. Cardinal
- [San Antonio Court of Appeals Throws Out Sanctions Award Under TCPA](https://tcjl.com/san-antonio-court-of-appeals-throws-out-sanctions-award-under-tcpa/) - The San Antonio Court of Appeals has reversed a trial court award of attorney’s fees against a party for seeking dismissal of the other party’s motion for monetary sanctions. Whataburger Restaurants LLC and Crystal Krueger v. Sadok Ferchichi and Martina Coronado (No. 04-22-00020-CV; filed December 28, 2022) arose from a discovery dispute in a personal
- [Overflowing State Coffers Will Bust the Constitutional Cap on Rainy Day Fund in 2025](https://tcjl.com/overflowing-state-coffers-will-bust-the-constitutional-cap-on-rainy-day-fund-in-2025/) - Comptroller Glenn Hegar’s biennial revenue estimate (BRE) for the 2024-25 fiscal biennium reveals something that no one probably ever thought possible: the state’s Economic Stabilization Fund (the so-called “Rainy Day Fund”) will hit its constitutional limit during the next biennium. That limit equals 10 of the amount of general revenue deposited in the ESF during
- [Governor Abbott Appoints Koch To Criminal District Court No. 2 – Dallas County](https://tcjl.com/governor-abbott-appoints-koch-to-criminal-district-court-no-2-dallas-county/) - Governor Greg Abbott has appointed Justin J. “J.J.” Koch to the Criminal District Court No. 2 in Dallas County for a term set to expire on December 31, 2024, or until his successor is duly elected and qualified. Justin J. “J.J.” Koch of Dallas is a former Dallas County Commissioner for District No. 2. While
- [TCJL Legislative Tracking Report 1-6-23](https://tcjl.com/tcjl-legislative-tracking-report-1-6-23/) - TCJL Tracked Bill List Friday, January 6, 2022 The 88th Legislature will convene on Tuesday, January 9. The bill filing period closes on Friday, March 10. To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx New bills appear in red. New Causes of Action HB 319 by Oliverson (R-Cypress): Allows a
- [Austin Court of Appeals Affirms SOAH Decision in Favor of Workers’ Compensation Carriers and Self-Insured Employers](https://tcjl.com/austin-court-of-appeals-affirms-soah-decision-in-favor-of-workers-compensation-carriers-and-self-insured-employers/) - In a significant victory for the medical cost containment provisions of the workers’ compensation system, the Austin Court of Appeals has affirmed the decision of several administrative law judges denying most of the reimbursement sought by hospitals that perform a large number of spinal surgeries on injured workers. Vista Medical Center Hospital, Surgery Specialty Hospital
- [SCOTX Denies Review in Chapter 74 Case Involving Sufficiency of Expert Report](https://tcjl.com/scotx-denies-review-in-chapter-74-case-involving-sufficiency-of-expert-report/) - Earlier today SCOTX denied review of a Houston [1st] Court of Appeals decision allowing a medical malpractice claim against two physicians and their employer hospital to go forward. Jerry M. Keepers, M.D., Eric Kay-Fung Chan, M.D., and Vista Community Medical Center, d/b/a Surgery Specialty Hospitals of America v. Michael Smith and Valerie Smith(No. 01-20-00463-CV) arose
- [Dallas Court of Appeals Reverses TC Dismissal of Products Liability Case](https://tcjl.com/dallas-court-of-appeals-reverses-tc-dismissal-of-products-liability-case/) - The Dallas Court of Appeals has reversed a trial court summary judgment order dismissing a products liability action based on the 15-year statute of repose. Jennifer Parks, Individually and as Guardian of the Person and Estate of Samuel Rivera Gama, and Nicolasa Gama Dale v. Ford Motor Company (No. 05-21-00632-CV; filed December 6, 2022) arose
- [South Carolina Supreme Court Strikes Down Six-Week Abortion Ban](https://tcjl.com/south-carolina-supreme-court-strikes-down-six-week-abortion-ban/) - A divided South Carolina Supreme Court has ruled the state’s six-week abortion ban unconstitutional under a privacy protection provision of the South Carolina constitution. Article I, § 10 of that document bars “unreasonable invasions of privacy.” The court held that privacy protection extended to an individual’s medical decisions and rejected the state’s argument that the
- [Noting the TCPA “Morass,” Dallas Court of Appeals Reverses Award of Attorney’s Fees for Frivolous TCPA Motion](https://tcjl.com/noting-the-tcpa-morass-dallas-court-of-appeals-reverses-award-of-attorneys-fees-for-frivolous-tcpa-motion/) - In an opinion by Justice Goldstein, the Dallas Court of Appeals said out loud what virtually every other trial and appellate court judge or justice might on occasion think themselves: the TCPA’s aspiration may be “laudable, its application has been stretched to the ethical limits of lawyers’ creative litigation tactics. The tortured history of TCPA
- [Dallas Court of Appeals Affirms Dismissal of Employment Discrimination Case](https://tcjl.com/dallas-court-of-appeals-affirms-dismissal-of-employment-discrimination-case/) - Mark Holloway v. Dallas County Hospital District d/b/a Parkland Health and Hospital System (No. 05-20-01114-CV; issued December 23, 2022) arose from allegations by a former employee of Parkland, who had been outsourced to a contractor that Parkland, discriminated against him for reasons of race by hiring two white engineers in late 2012. About half of
- [Watch the Deadlines and Read the Rules: Dallas Court of Appeals Dismisses Appeal of TCPA Ruling for Lack of Jurisdiction](https://tcjl.com/watch-the-deadlines-and-read-the-rules-dallas-court-of-appeals-dismisses-appeal-of-tcpa-ruling-for-lack-of-jurisdiction/) - In a case that, among other things, demonstrates the consequences of failing to timely file a notice of appeal in an accelerated appeal, the Dallas Court of Appeals has dismissed a plaintiff’s appeal of a trial court order dismissing some of his claims under the Texas Citizens Participation Act (Ch. 27, CPRC). Michael Sutton v.
- [Dallas Court of Appeals Reverses TC Judgment in Worker’s Compensation Case](https://tcjl.com/dallas-court-of-appeals-reverses-tc-judgment-in-workers-compensation-case/) - In a case that turns on the reliability of expert medical testimony, the Dallas Court of Appeals has reversed a judgment for an employee in a worker’s compensation case. The University of Texas System v. Diane M. Bartek (No. 05-20-00525-CV; filed December 29, 2022) arose from a worker’s compensation claim filed by a System employee
- [SCOTX Upholds General Rule That Employer Not Vicariously Liable for Employee Travel To and From Work](https://tcjl.com/scotx-upholds-general-rule-that-employer-not-vicariously-liable-for-employee-travel-to-and-from-work/) - Reversing the El Paso Court of Appeals, the Texas Supreme Court has reaffirmed that the Texas law does not hold an employer vicariously liable for negligence arising from an employee’s travel and from work. Cameron International Corporation a/k/a Cameron Systems Corporation v. Hugo A. Martinez and Dolores Ramirez, Individually and on Behalf of the Estate
- [SCOTX Sends Abortion Funding Case Back to Trial Court](https://tcjl.com/scotx-sends-abortion-funding-case-back-to-trial-court/) - Former Austin City Councilmember (2015-17) sued the City of Austin over a $150,000 budget item in its 2019 budget for the purpose of “providing or facilitating logistical and support services for Austin residents seeking abortion care.” Zimmerman alleged that the appropriation violated the Texas criminal statute prohibiting the performance of or aiding or abetting an
- [SCOTX Rules That Tort Claims Act Damages Caps Are Jurisdictional](https://tcjl.com/scotx-rules-that-tort-claims-act-damages-caps-are-jurisdictional/) - The Texas Tort Claims Act (Chapter 101, CPRC) waives sovereign immunity for “property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if: (A) the property damage, personal injury, or death arises from the operation or use of a
- [SCOTX Rebuffs Attempt to Force Comptroller to Process Chapter 313 Applications](https://tcjl.com/scotx-rebuffs-attempt-to-force-comptroller-to-process-chapter-313-applications/) - In a New Year’s Eve Eve opinion, the Texas Supreme Court denied a petition for writ of mandamus filed by two wind energy operators seeking to compel the Comptroller to process their Chapter 313 petitions past the December 31 expiration date of the statute. As we reported a couple of weeks ago, In re Stetson
- [Houston [1st] Court of Appeals Largely Affirms TC Denial of TCPA Claims](https://tcjl.com/houston-1st-court-of-appeals-largely-affirms-tc-denial-of-tcpa-claims/) - In a case arising from a business relationship between friends gone to pot, the Houston [1st] Court of Appeals has substantially upheld a trial court order denying a motion to dismiss under the Texas Citizens Participation Act (Ch. 27, CPRC). The facts in Constellation Brands, Inc. and Frederick H. Schrader v. Robert M. Roach (01-21-00155-CV;
- [Houston [1st] Court of Appeals Decides Burden of Proof Issue in Property Tax Appeal](https://tcjl.com/houston-1st-court-of-appeals-decides-burden-of-proof-issue-in-property-tax-appeal/) - The Houston [1st] Court of Appeals has upheld a trial court judgment that neither the property owner or the appraisal district met its burden of proof in an appeal pursuant to Chapter 42, Tax Code. Providence Town Square Houston, LTD. v. Harris County Appraisal District (No. 01-20-00835-CV; issued December 29, 2022) arose from a dispute
- [El Paso Court of Appeals Takes Permissive Appeal in Oil and Gas Title Case](https://tcjl.com/el-paso-court-of-appeals-takes-permissive-appeal-in-oil-and-gas-title-case/) - In a fine example of how the permissive appeal process is supposed to work, the El Paso Court of Appeals decided a trespass to try title case involving the conveyance of mineral interests. Citation 2002 Investment LLC and Endeavor Energy Resources, L.P. v. Occidental Permian, Ltd., Occidental Petroleum Corporation, Oxy USA Inc., Oxy USA WTP
- [TAPA Asks SCOTX to Grant Review in Chapter 74 Summary Judgment Evidence Case](https://tcjl.com/tapa-asks-scotx-to-grant-review-in-chapter-74-summary-judgment-evidence-case/) - The Texas Alliance for Patient Access (TAPA), joined by the Texas Medical Association, Texas Osteopathic Medical Association, and Texas Hospital Association, has filed an amicus curiae brief supporting an emergency care physician’s petition for review in a case involving the summary judgment no evidence standard in the Chapter 74, CPRC, context. Kristy Marsillo, D.O. v.
- [TCJL Submits Comments to SCOTX on Proposed Remote Proceedings Rule](https://tcjl.com/tcjl-submits-comments-to-scotx-on-proposed-remote-proceedings-rule/) - Today TCJL submitted comments on proposed Rule 21d, Texas Rules of Civil Procedure, which governs remote proceedings. Our letter expresses our appreciation to the Court for exempting jury trials from the trial court’s authority to order remote proceedings over the objections of the parties. We also applaud the Court for establishing a “good cause” standard
- [SCOTX Grants Review in Royalty Suspense Case](https://tcjl.com/scotx-grants-review-in-royalty-suspense-case/) - The safe harbor provision in the statute dictating the time in which an operator must distribute oil and gas proceeds to a payee is at issue in a case the Texas Supreme Court will hear on February 1. 1776 Energy Partners, LLC v. Freeport-McMoran Oil & Gas, LLC (No. 04-20-00468-CV; No. 22-0095) arose from a
- [SCOTX Drops Hammer on County Court-at-Law Judge Who Ordered Jurors to Appear Remotely Over Defendant’s Objection](https://tcjl.com/scotx-drops-hammer-on-county-court-at-law-judge-who-ordered-jurors-to-appear-remotely-over-defendants-objection/) - In a victory for due process, the Texas Supreme Court has issued a conditional writ of mandamus directing a Dallas County Court-at-Law to vacate its order allowing jurors who contracted COVID-19 during the trial to participate remotely over a defendant’s objection and in direct violation of the Court’s 57th Emergency Order Regarding the COVID-19 State
- [SCOTX Accepts Discovery Sanctions, Res Ipsa Jury Charge Case](https://tcjl.com/scotx-accepts-discovery-sanctions-res-ipsa-jury-charge-case/) - A case out of the Beaumont Court of Appeals involving discovery sanctions, evidentiary rulings, and the jury charge has attracted the attention of the Texas Supreme Court. Schindler Elevator Corporation v. Darren Ceasar (No. 09-19-00419-CV; No. 22-0030) arose from injuries allegedly suffered by plaintiff when a hotel elevator malfunctioned, requiring the fire department to open
- [SCOTX To Decide Whether Arbitration Agreements in Home Sale Contracts Run With Land](https://tcjl.com/scotx-to-decide-whether-arbitration-agreements-in-home-sale-contracts-run-with-land/) - Does an agreement to arbitrate in a sales contract between a homebuilder and a home buyer run with the home and bind a subsequent buyer to arbitrate a construction defect claim? The Texas Supreme Court will soon give us an answer to that question in Lennar Homes of Texas Land and Construction, Ltd. and Lennar
- [SCOTX Grants Review in Tax Ferret Case](https://tcjl.com/scotx-grants-review-in-tax-ferret-case/) - The Texas Supreme Court will review an El Paso Court of Appeals decision with potentially important implications for taxpayers. Pecos County Appraisal District and Kinder Morgan Production Co., LLC v. Iraan-Sheffield Independent School District (No. 08-20-00122-CV; No. 22-0313) arises from a contract between the ISD and attorney Brent Lemon to investigate and pursue claims against
- [ERISA Tracker: Bills Introduced To Date That Raise ERISA Preemption Concerns](https://tcjl.com/erisa-tracker-bills-introduced-to-date-that-raise-erisa-preemption-concerns/) - Several bills that already been introduced that raise serious questions about ERISA preemption. Brief summaries of the bills are as follows. We have highlighted the provisions that, in our view, may have ERISA implications. Disclaimer: we are flagging these bills so that our members who have ERISA plans may study them further and inform us
- [TCJL Will Oppose ERISA Pre-emption Efforts Expected In Upcoming Session](https://tcjl.com/tcjl-will-oppose-erisa-pre-emption-efforts-expected-in-upcoming-session/) - In the wake of SB 8, we expect to see numerous bills filed this session to challenge federal preemption of state and local laws and regulations that interfere with self-funded employer-sponsored benefit plans (so-called “ERISA” plans). We have prepared the attached primer on ERISA for purposes of evaluating specific legislative proposals and their potential effects
- [Amarillo, Austin Courts of Appeals Disagree in Taxpayer Suits Challenging Agreements on Appraised Value](https://tcjl.com/amarillo-austin-courts-of-appeals-disagree-in-taxpayer-suits-challenging-agreements-on-appraised-value/) - The Texas Supreme Court will likely be asked to resolve a direct conflict between the Amarillo and Austin Courts of Appeals as to whether trial courts have jurisdiction to hear lawsuits challenging the validity of an agreement between a taxpayer and an appraisal district under § 1.111(e), Tax Code. That section allows a taxpayer who
- [SCOTX Grants Mandamus in Pair of Discovery Disputes](https://tcjl.com/scotx-grants-mandamus-in-pair-of-discovery-disputes/) - During the past year we have reported a number of per curiam opinions handed down by the Texas Supreme Court that erect some guardrails around discovery orders. Earlier this month the Court issued two more of these primers, one involving an overbroad discovery request for cell phone records and the other a trial court order
- [TCJL Legislative Tracking Report 12-16-22](https://tcjl.com/tcjl-legislative-tracking-report-12-16-22/) - TCJL Tracked Bill List Friday, December 16, 2022 The bill filing period opened on Monday, November 14. It will close on Friday, March 10. The 88th Legislature will convene on Tuesday, January 9. Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx New bills appear in red. New Causes of Action HB 319 by Oliverson (R-Cypress): Allows
- [Wind Companies Seek Mandamus to Compel Comptroller to Certify Chapter 313 Projects](https://tcjl.com/wind-companies-seek-mandamus-to-compel-comptroller-to-certify-chapter-313-projects/) - As many of you are aware from press reports, on Monday a pair of renewable energy companies filed a petition for a writ of mandamus asking the Texas Supreme Court to compel the Comptroller to certify their projects for Chapter 313 limitation agreements in five school districts by the end of the year. In re
- [Austin Court of Appeals Affirms TCPA Dismissal of Legal Malpractice Claim](https://tcjl.com/austin-court-of-appeals-affirms-tcpa-dismissal-of-legal-malpractice-claim/) - In 2014 plaintiff started a business to flip houses. In her maiden venture, she bought a house, renovated it, and sold it to two buyers in 2016. A few months later, the house began falling apart. The buyers promptly sent plaintiff a demand letter under the DTPA alleging that she made material representations regarding the
- [Houston [1st] Court of Appeals Reverses TC, Finds Sovereign Immunity in Ambulance Accident Case](https://tcjl.com/houston-1st-court-of-appeals-reverses-tc-finds-sovereign-immunity-in-ambulance-accident-case/) - Reversing a Harris County district court, the Houston [1st] Court of Appeals determined that a lawsuit against the City of Houston arising from an accident between an ambulance and a motorist was barred by sovereign immunity. City of Houston v. Martha Vogel and Maria Escalante (No. 01-22-00071-CV) boiled down to the question of whether a
- [Houston [1st] Court of Appeals Affirms SJ in Worker’s Compensation Case](https://tcjl.com/houston-1st-court-of-appeals-affirms-sj-in-workers-compensation-case/) - In a case with a long and fairly complicated procedural history, the Houston [1st] Court of Appeals has ruled in favor of an employer that invoked the exclusive remedy of worker’s compensation against a claim by a temporary employee who was injured on the employer’s worksite. Bertoldo Balderas, As Next Friend of Recoverto Balderas v.
- [Houston [14th] Court of Appeals Holds That Excess Policy Does Not Exclude Defense Costs](https://tcjl.com/houston-14th-court-of-appeals-holds-that-excess-policy-does-not-exclude-defense-costs/) - In a decision that will be of great interest to excess carriers, the Houston [14th] Court of Appeals rejected the insurer’s argument that an excess policy with a “following form” provision incorporating the terms and conditions of the primary policy clearly and unambiguously excluded defense costs. The Ohio Casualty Insurance Company v. Patterson-UTI Energy, Inc.;
- [San Antonio Trial Court Dismisses SB 8 Suit Against Physician](https://tcjl.com/san-antonio-trial-court-dismisses-sb-8-suit-against-physician/) - A San Antonio district court has dismissed a lawsuit filed by a Chicago resident against a Texas physician who intentionally provoked the lawsuit by violating SB 8. According to press reports, the judge dismissed the case on the basis that plaintiff had no standing to sue because he had no injury. The judge’s ruling is
- [TCJL Legislative Tracking Report 12-9-22](https://tcjl.com/tcjl-legislative-tracking-report-12-9-22/) - TCJL Tracked Bill List Friday, December 9, 2022 The bill filing period opened on Monday, November 14. It will close on Friday, March 10. The 88th Legislature will convene on Tuesday, January 9. Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx New bills appear in red. New Causes of Action HB 319 by Oliverson (R-Cypress): Allows
- [Rob Looney (1943-2022)](https://tcjl.com/rob-looney-1943-2022/) - As many of you are aware, TCJL lost one of its dearest friends and most dedicated supporters with the passing of Rob Looney last week. Rob became involved in our fledgling organization in 1988, the year he assumed the presidency of the Texas Oil and Gas Association. During his 26 years at TXOGA and beyond,
- [Dallas Court of Appeals Finds DTPA Claim Barred by Chapter 74, But Not False Imprisonment Claim](https://tcjl.com/dallas-court-of-appeals-finds-dtpa-claim-barred-by-chapter-74-but-not-false-imprisonment-claim/) - In a case involving the involuntary detention of plaintiff by a mental health hospital, the Dallas Court of Appeals has affirmed a trial court’s summary judgment order dismissing plaintiff’s DTPA claim against the hospital. The court, however, held further that plaintiff’s false imprisonment claim could proceed. Marvella Loya v. Hickory Trail Hospital, L.P. (No. 05-20-00378-CV)
- [Amarillo Court of Appeals Dismisses Health Care Liability Claim for Insufficient Expert Report](https://tcjl.com/amarillo-court-of-appeals-dismisses-health-care-liability-claim-for-insufficient-expert-report/) - The Amarillo Court of Appeals has reversed a trial court order denying a physician’s and hospital’s motion to dismiss a health care liability claim for failure to file a sufficient expert report. Baptist St. Anthony’s Hospital and Rhodesia Castillo, MD v. Daniel Walker and Kristen Walker, Individually and as Next Friend of H.W. (No. 07-22-00032-CV)
- [Dallas Court of Appeals Reconsiders Chapter 95 Case on Remand from SCOTX](https://tcjl.com/dallas-court-of-appeals-reconsiders-chapter-95-case-on-remand-from-scotx/) - On remand from the Texas Supreme Court (in a case we reported a few months ago), the Dallas Court of Appeals last week reaffirmed its previous decision in a premises liability case involving a fatality at a construction site. SCOTX sent the case back for reconsideration in light of two recent decisions in Chapter 95
- [Dallas Court of Appeals Splits Over Denial of En Banc Reconsideration of Default Judgment](https://tcjl.com/dallas-court-of-appeals-splits-over-denial-of-en-banc-reconsideration-of-default-judgment/) - en banc reconsideration of a panel order denying a writ of mandamus to vacate a trial court’s refusal to set aside a default judgment. The underlying action in In Re Urban 8 LLC and Urban 8 Management LLC, Relators (No. 05-22-01022-CV) involved a slip-and-fall on a sidewalk in front of defendants’ place of business. Defendants,
- [Dallas Court of Appeals Allows Class Action Against Hospitals to Proceed](https://tcjl.com/dallas-court-of-appeals-allows-class-action-against-hospitals-to-proceed/) - A recent opinion by the Dallas Court of Appeals gives a Dallas County district court the greenlight to proceed to trial of class claims against two hospitals. Frisco Medical Center, L.L.P. and Texas Regional Medical Center, L.L.C. v. Paula Chestnut and Wendy Bolen, On Behalf of Themselves and All Others Similarly Situated (No. 05-22-00058-CV) arose
- [TCJL Legislative Tracking Report 12-2-22](https://tcjl.com/tcjl-legislative-tracking-report/) - TCJL Tracked Bill List Friday, December 2, 2022 The bill filing period opened on Monday, November 14, 2022. It will close on Friday, March 10, 2023. The 88th Legislature will convene on Tuesday, January 9, 2023. Note: We assign bills to these categories based on our judgment of their primary effect. Many of these bills
- [Fort Worth Court of Appeals Affirms Denial of TCPA Motion to Dismiss in Church Squabble](https://tcjl.com/fort-worth-court-of-appeals-affirms-denial-of-tcpa-motion-to-dismiss-in-church-squabble/) - In a case involving a North Texas church that recently gained national notoriety for a sermon in which one of its pastors called for the execution of gay people, the Fort Worth Court of Appeals has allowed plaintiffs to pursue their defamation, conversion, and declaratory judgment actions against dissident congregants. Seth Bookout, Leslye Romero, and
- [Tyler Court of Appeals Rejects Challenge to Chapter 381 Agreement](https://tcjl.com/tyler-court-of-appeals-rejects-challenge-to-chapter-381-agreement/) - Chapters 380 and 381, Local Government Code, permit municipalities and counties to make loans and grants of public money for the purpose of incentivizing local economic development. Chapter 380 and 381 agreements are popular tools because they give local governments wide latitude to structure economic incentives beyond the more limited parameters of Chapter 312 tax
- [Waco Court of Appeals Affirms Trial Court’s Denial of Summary Judgment for Workers’ Compensation Carrier](https://tcjl.com/waco-court-of-appeals-affirms-trial-courts-denial-of-summary-judgment-for-workers-compensation-carrier/) - The Waco Court of Appeals has reversed a trial court order denying a workers’ compensation carrier’s motion for summary judgment and entering a judgment overturning a decision of TDI appeals panel. Ace Property & Casualty Insurance Co. v. Homer Ladd (No. 10-17-00273-CV) arose from a workplace back injury in 2000. The worker’s comp carrier, Ace,
- [Trucking Company’s Assertion That Occupation Tax Exemption Carries Over to Franchise Tax Fails in Corpus Christi Court of Appeals](https://tcjl.com/trucking-companys-assertion-that-occupation-tax-exemption-carries-over-to-franchise-tax-fails-in-corpus-christi-court-of-appeals/) - Affirming determinations by the Comptroller, SOAH, and a Travis County district court, the Corpus Christi Court of Appeals rejected an interstate hauler’s attempt to obtain a refund for franchise taxes paid from 2014 to 2016. Swift Transportation Co. Of Arizona, LLC. v. Hegar (No. 13-21-00010-CV) commenced with the company’s request for a refund from the
- [Corpus Christi Court of Appeals Decides Issue of First Impression Regarding UM/UIM Coverage](https://tcjl.com/corpus-christi-court-of-appeals-decides-issue-of-first-impression-regarding-um-uim-coverage/) - Accepting a permissive appeal from a Victoria County district court, the Corpus Christi Court of Appeals recently ruled that a UM/UIM policy did not exclude coverage on the basis that the tortfeasor was driving a vehicle leased through Enterprise Rent-A-Car. While this fact pattern has presented itself in other jurisdictions, no Texas court has yet
- [Prefiled Workers’ Compensation Bills Undermine 1989 Reforms](https://tcjl.com/prefiled-workers-compensation-bills-undermine-1989-reforms/) - Over the past two sessions, we have observed with growing concern the Legislature’s willingness to consider and enact legislation weakening the 1989 workers’ compensation reforms that rescued the system from collapse caused by the skyrocketing costs of dispute resolution, the ad hoc nature of lumpsum settlements, and the lack of any medical cost controls. The
- [TCJL Files Brief in Important Noneconomic Damages Case](https://tcjl.com/tcjl-files-brief-in-important-noneconomic-damages-case/) - In a case that could have a similar impact on awards for noneconomic damages as the 1994 Texas Supreme Court decision in Transportation Ins. Co. v. Moriel had for punitive damages awards, TCJL has filed an amicus curiae brief urging the Court to provide additional guidance to intermediate appellate courts when reviewing judgments including significant
- [German Automakers’ Attempt to Disqualify Commissioned Justices Fails](https://tcjl.com/german-automakers-attempt-to-disqualify-commissioned-justices-fails/) - Last week the Texas Supreme Court issued a per curiam opinion in response to objections lodged by two German automakers, Volkswagen and Audi, to the gubernatorial appointment of two substitute justices to participate in decision. The issue arose when Justices Blacklock and Young voluntarily recused themselves from the case following oral arguments last February. Under
- [SCOTX Remands Case Involving Key Piece of 2003 Tort Reform](https://tcjl.com/scotx-remands-case-involving-key-piece-of-2003-tort-reform/) - A recent decision by the Texas Supreme Court provides significant clarification of the proper application of §74.503, CPRC, which requires, upon request of a defendant physician, health care provider, or claimant, the trial court to “order that medical, health care, or custodial services awarded in a health care liability claim be paid in whole or
- [First Week of Bill Filing Sees At Least 38 New Causes of Action](https://tcjl.com/first-week-of-bill-filing-sees-at-least-38-new-causes-of-action/) - An unusually heavy opening to the bill filing period appears to bear out what we had feared: the legislative infatuation with turning over to the courts enforcement of various social policies has only intensified. While we will provide more detail on the proposals in the days and weeks to come, this snapshot of the first
- [Austin Court of Appeals Upholds Public Reprimand of JP Who Refused to Conduct Same-Sex Marriage](https://tcjl.com/austin-court-of-appeals-upholds-public-reprimand-of-jp-who-refused-to-conduct-same-sex-marriage/) - In the wake of the Obergefell ruling, a Waco justice of the peace refused to perform same-sex weddings but continued to perform heterosexual marriages. She gave an interview to local media to the effect that same-sex marriages violated her sincerely held religious beliefs. Subsequently, the State Commission on Judicial Conduct commenced an investigation of whether
- [Bill Filing Commences for 88th Legislative Session](https://tcjl.com/bill-filing-commences-for-88th-legislative-session/) - As of the time of posting, more than 1000 bills and resolutions have been filed in the opening days of the pre-filing period. Even if that’s not a record, it certainly feels like one. There are some common themes, many of which are left over from last session: the COVID-19 emergency, election fraud, Medicaid expansion,
- [SCOTX Proposes Improved Remote Proceedings Rule](https://tcjl.com/scotx-proposes-improved-remote-proceedings-rule/) - Responding positively to concerns expressed by the business community and trial bar, the Texas Supreme Court has proposed a new remote proceedings rule that requires the consent of the parties for a remote jury trial. As you recall from previous reports, the proposal considered by the Supreme Court Advisory Committee (SCAC) gave the trial court
- [Austin Court of Appeals Throws Out Case for Lack of Constitutional Standing](https://tcjl.com/austin-court-of-appeals-throws-out-case-for-lack-of-constitutional-standing/) - The Austin Court of Appeals has applied the law of constitutional standing to affirm a Travis County trial court’s dismissal of a lawsuit over the county’s vacation of a drainage easement. Bellingham Enterprises, LLC v. Colby Constructors, LLC; Travis County Commissioners Court; et al. (No. 03-22-00233-CV) arose from a dispute between property owners on
- [Austin Court of Appeals Denies Mandamus in Trucking Case Discovery Dispute](https://tcjl.com/austin-court-of-appeals-denies-mandamus-in-trucking-case-discovery-dispute/) - In yet another trucking case involving a plaintiff’s request for discovery of several years of company records, the Austin Court of Appeals has denied a petition for mandamus seeking to limit the scope of discovery. In re UPS, Inc. and Antoine Scott Crenshaw (No. 03-22-00526-CV) arose from an accident between a bicyclist and a
- [Justice Leslie Osborne Resigns from Dallas Court of Appeals](https://tcjl.com/justice-leslie-osborne-resigns-from-dallas-court-of-appeals/) - Apparently without any public statement, Justice Leslie Osborne, who was elected to the Dallas Court of Appeals in 2018, has abruptly resigned from the court. We only discovered this when Justice Osborne vanished from the court’s website. When we contacted the court, staff indicated that personal reasons are involved, but that’s about the extent of
- [SCOTX Considering Mandamus in Case Involving Supersedeas Bond for Sanctions Award](https://tcjl.com/scotx-considering-mandamus-in-case-involving-supersedeas-bond-for-sanctions-award/) - The Texas Supreme Court has stayed a trial court order requiring a party to post a supersedeas bond in the amount of attorney’s fees and litigation costs awarded under Rule 13, Texas Rules of Civil Procedure, and § 10.04, CPRC (frivolous filings). In re Reynolds Energy Transport, LLC and Reynolds Transportation, Inc. (No. 22-0912)
- [RSVP Today: TCJL 36th Annual Luncheon on November 10](https://tcjl.com/tcjl-36th-annual-board-mtg-member-luncheon/) - TCJL 36th Annual Meeting & Luncheon November 10, 2022 Headliners Club 221 West 6th Street, 21st Floor Austin, Texas 78701 10:30 TCJL Board of Directors Meeting - Current and nominated Board Members Only 11:30 TCJL Member & Friends Registration 12:00 Luncheon 12:30 Keynote Address: SB 8 Litigation Update - Alex Albright, Alexander Dubose & Jefferson
- [Governor Abbott Appoints Field To 480th District Court](https://tcjl.com/governor-abbott-appoints-field-to-480th-district-court/) - Governor Greg Abbott has appointed Scott K. Field to the 480th Judicial District Court in Williamson County, effective October 1, 2022, for a term set to expire on December 31, 2024, or until his successor is duly elected and qualified. Scott K. Field of Liberty Hill is a Partner at Butler Snow, LLP. Previously, he
- [Has the Time Come to Dispense With Emergency COVID Orders for Eviction Actions?](https://tcjl.com/has-the-time-come-to-dispense-with-emergency-covid-orders-for-eviction-actions/) - On Halloween the Texas Supreme Court issued its 56th and 57th Emergency Orders governing the operation of the courts during the declared state of disaster for COVID-19. But are they really necessary in a world that (except for China) has moved on from the coronavirus pandemic? Specifically, TCJL has serious concerns about the ongoing
- [Houston [1st] Court of Appeals Sides with Appraisal District in Valuation Dispute](https://tcjl.com/houston-1st-court-of-appeals-sides-with-appraisal-district-in-valuation-dispute/) - A property owner failed to convince the Houston [1st] Court of Appeals that a trial judge abused its discretion when it ruled that the owner failed to carry its burden of proof as to the market value of its property. Karl J. Amelang, Amelang Partners, and EGN Investments II, LP v. Harris County Appraisal District
- [SCOTX Resolves Dispute Between Galveston County Statutory Probate Court Judge and Galveston County Commissioners](https://tcjl.com/scotx-resolves-dispute-between-galveston-county-statutory-probate-court-judge-and-galveston-county-commissioners/) - In a per curiam opinion, the Texas Supreme Court on Friday held that county commissioners, not the statutory probate court judge, have authority to grant a salary supplement to the judge for serving as local administrative statutory probate court judge. The decision reverses both a Galveston County district court and the Houston [14th] Court of
- [In re East Update: SCOTX Grants Mandamus Vacating Trial Court Order for Remote Jury Trial Over Objection of Both Parties](https://tcjl.com/in-re-east-update-scotx-grants-mandamus-vacating-trial-court-order-for-remote-jury-trial-over-objection-of-both-parties/) - In a victory for the principle that litigants who want an in-person adversarial proceeding should get one, the Texas Supreme Court on Friday conditionally granted a writ of mandamus in In re Owen J. Merrell and Jeanna East (No. 22-0556). As you may recall from a prior post, this case arose from a personal
- [Austin Court of Appeals Restores TCEQ Permit for Rock-Crushing Facility](https://tcjl.com/austin-court-of-appeals-restores-tceq-permit-for-rock-crushing-facility/) - The Austin Court of Appeals has overturned a trial court order reversing the Texas Commission on Environmental Quality’s decision to grant a permit to a Milam County rock-crushing operation. Texas Commission on Environmental Quality and Vulcan Construction Materials LLC v. Friends of Dry Comal Creek, Stop 3009 Vulcan Quarry, Jeffrey Reeh, Terry Olson, Mike Olson,
- [What Is a Rule 202 Deposition Before Suit?](https://tcjl.com/what-is-a-rule-202-deposition-before-suit/) - If you have been following our SB 8-related litigation reports, you have undoubtedly seen our discussion of “Rule 202” depositions. But exactly what is a Rule 202 deposition and why is it showing up so frequently in the SB 8 context? Rule 202, Texas Rules of Civil Procedure, enables a “person” to “petition the court
- [Austin Court of Appeals Mulls TUFTA Standing, TCPA Issues in Dispute Involving Sour Real Estate Deal](https://tcjl.com/austin-court-of-appeals-mulls-tufta-standing-tcpa-issues-in-dispute-involving-sour-real-estate-deal/) - In an interesting and informative opinion authored by Justice Triana, the Austin Court of Appeals has substantially upheld a trial court order dismissing claims for lack of jurisdiction under the Texas Uniform Fraudulent Transfer Act (TUFTA) and under the Texas Citizen Participation Act (Ch. 27, CPRC). The court reversed and remanded the trial court’s rendition
- [El Paso Court Finds Waiver of Arbitration Provision in Construction Contract](https://tcjl.com/el-paso-court-finds-waiver-of-arbitration-provision-in-construction-contract/) - In another of several recent intermediate appellate opinions dealing with motions to compel arbitration, the El Paso Court of Appeals has ruled that party that substantially invoked the litigation process waived its right to arbitration under a construction contract. F.T. James Construction, Inc. v. Hotel Sancho Panza, LLC and Jordan Foster Construction, LLC (No. 08-20-00096-CV)
- [El Paso Court of Appeals Finds Chapter 74 Expert Report Inadequate](https://tcjl.com/el-paso-court-of-appeals-finds-chapter-74-expert-report-inadequate/) - Reversing a trial court order denying a health care provider’s motion to dismiss a medical malpractice lawsuit, the El Paso Court of Appeals has sent the case back to the trial court for consideration of whether Plaintiff should be given a 30-day extension to cure the deficiencies in the report. Kimberly Jean Golucke, Individually and
- [El Paso Court of Appeals Decides Collateral Estoppel, Express Negligence Doctrine Case](https://tcjl.com/el-paso-court-of-appeals-decides-collateral-estoppel-express-negligence-doctrine-case/) - Two virtually identical wrongful death cases involving fatal automobile accidents on a stretch of private road in El Paso County triggered a dispute between a property owner and its lessee over an indemnity provision in the lease. CEMEX Construction Materials Pacific, LLC v. Ranchos Real Land Holdings, LLC (No. 08-20-00219-CV) arose from the second of
- [TCJL PAC 2022 General Election Judicial Endorsements](https://tcjl.com/tcjl-pac-2022-general-election-judicial-endorsements/) - Texas Civil Justice League PAC 2022 General Election November 8, 2022 Early Voting October 24 through November 4, 2022 TCJL PAC Releases 2022 General Election Judicial Endorsements September 30, 2022 (Austin): The Texas Civil Justice League Political Action Committee today released its slate of endorsements for the Texas Supreme Court, Texas Court of Criminal Appeals,
- [SCOTX To Hear Arguments in Workers’ Compensation Case Venue Dispute](https://tcjl.com/scotx-to-hear-arguments-in-workers-compensation-case-venue-dispute/) - This morning the Texas Supreme Court will hear oral arguments in a venue dispute arising from a workers’ compensation case brought by a former player for the Dallas Cowboys. Great Divide Insurance Company v. Alcus Reshod Fortenberry (No. 21-1047) arose from an appeal for judicial review of a decision of a Division of Workers’ Compensation
- [TCJL PAC 2020 Judicial Endorsements - November General Election](https://tcjl.com/217223-2/) - FOR IMMEDIATE RELEASE: October 1, 2020 CONTACT: Carol Sims, 512-320-0474 TCJL PAC Releases 2020 Judicial Endorsements (Austin): The Texas Civil Justice League Political Action Committee today released its slate of endorsements for the Texas Supreme Court, Texas Court of Criminal Appeals, and the 14 intermediate appeals courts. Early voting begins on Tuesday, October 13 and
- [SCOTX Takes Up Dispute Between Houston Firefighters and Houston Police Union, City of Houston](https://tcjl.com/scotx-takes-up-dispute-between-houston-firefighters-and-houston-police-union-city-of-houston/) - The Texas Supreme Court will hear oral arguments this morning in a contentious dispute pitting the Houston Professional Fire Fighters Association against the Houston Police Officers’ Union and the City of Houston. Houston Professional Fire Fighters Association, et al. v. Houston Police Officers’ Union, City of Houston, et al. (No. 21-0755) resulted from a 2017
- [Should New Texas Judges Be Required to Obtain Board Certification?](https://tcjl.com/should-new-texas-judges-be-required-to-obtain-board-certification/) - As part of the larger debate over the manner in which Texas selects its judiciary, one aspect of the issue has attracted a higher degree of consensus than the process of selection itself: judicial qualifications. All parties to the debate agree that it is a good thing to have well-qualified candidates for judicial offices from
- [Beaumont Court of Appeals Allows Ultra Vires Claim Against City Employee Proceed in Case Involving Oil and Gas Operations](https://tcjl.com/beaumont-court-of-appeals-allows-ultra-vires-claim-against-city-employee-proceed-in-case-involving-oil-and-gas-operations/) - A dispute between the City of Port Arthur and a property owner over the use of a city street to transport heavy loads of pipeline equipment and oil and gas drilling mud has survived a plea to the jurisdiction. City of Port Arthur, Texas and Alberto Elefano, In His Official Capacity vs. Kirk C. Thomas
- [Beaumont Court of Appeals Reverses Trial Court Denial of Special Appearance](https://tcjl.com/beaumont-court-of-appeals-reverses-trial-court-denial-of-special-appearance/) - In a case arising from the Covid-19 pandemic, the Beaumont Court of Appeals has reversed a trial court’s denial of the special appearance of a California business and its CEO. The dispute in TBS Business Solutions USA, Inc. and Tewodros “Teddy” Sahilu v. Allco, LLC (No. 09-21-00146) involved an unfulfilled order for a million N95
- [Tyler Court of Appeals Reverses Denial of TCPA Motion to Dismiss](https://tcjl.com/tyler-court-of-appeals-reverses-denial-of-tcpa-motion-to-dismiss/) - In a case between two Dallas media parties, the Tyler Court of Appeals reversed a trial court order denying the defendants’ TCPA motion to dismiss and remanded for a determination of attorney’s fees. The case, Steven Monacelli and the Dallas Weekly, Inc. v. Montgomery J. Bennett and Dallas Express Media, Inc. D/B/A The Dallas Express
- [Fort Worth and El Paso Courts of Appeals Review Ecclesiastical Abstention Doctrine in Congregational Disputes](https://tcjl.com/fort-worth-court-of-appeals-applies-ecclesiastical-abstention-doctrine-in-church-dispute/) - In two recent cases involving internal church disputes, the Fort Worth and El Paso Courts of Appeals have had occasion to apply the ecclesiastical abstention doctrine, which deprives civil courts of subject matter jurisdiction over internal church matters. The first case, In re Texas Conference of Seventh-Day Adventists, Southwestern Union Conference Corporation of Seventh-Day
- [SCOTX Reverses Tyler Court of Appeals in Governmental Immunity Case](https://tcjl.com/scotx-reverses-tyler-court-of-appeals-in-governmental-immunity-case/) - The Texas Supreme Court has found that a trial court has jurisdiction in a Texas Tort Claims Act personal injury suit, reversing the Tyler Court of Appeals and remanding to the trial court. Leondra Leach v. The City of Tyler (No. 21-0606) arose from an injury suffered by Leach when a piece of lumber flew
- [SCOTX Passes On Dispute Over Mineral Interests Foreclosed in Tax Sale](https://tcjl.com/scotx-passes-on-dispute-over-mineral-interests-foreclosed-in-tax-sale/) - In a case stemming from a 1999 tax foreclosure sale involving hundreds of Reeves County mineral interests, the Texas Supreme Court has allowed an El Paso Court of Appeals decision in favor of the successors of the owner of a foreclosed royalty interest. Ridgefield Permian, LLC and Albert Jeffryes Griffiths, as Trustee of the Albert
- [Amarillo Court of Appeals At Odds in Adverse Possession Case](https://tcjl.com/amarillo-court-of-appeals-at-odds-in-adverse-possession-case/) - In a 2-1 decision, the Amarillo Court of Appeals has upheld a trial court judgment awarding title by adverse possession to 345.9 acres of land in Wilbarger County. The case, McDuff v. Brumley (No. 07-17-00248-CV), attracted our interest for two reasons: (1) the impassioned dissent by Senior Justice Patrick Pirtle, in which he stated that
- [Eastland Court of Appeals Affirms City’s Immunity to Suit under Solid Waste Disposal Act](https://tcjl.com/eastland-court-of-appeals-affirms-citys-immunity-to-suit-under-solid-waste-disposal-act/) - The Eastland Court of Appeals has upheld a Midland district court’s dismissal of a lawsuit brought by a manufacturer against the City of Weatherford. The suit alleged that the contamination of water wells located on a site once owned by the manufacturer had likely been caused by hazardous waste disposed of in the city’s sewer
- [Amarillo Court of Appeals Oks Age Discrimination Suit Against Texas Tech Board of Regents](https://tcjl.com/amarillo-court-of-appeals-oks-age-discrimination-suit-against-texas-tech-board-of-regents/) - The Texas Tech University System and its board of regents cannot escape an unlawful age discrimination lawsuit filed by a former employee, the Amarillo Court of Appeals has ruled. Texas Tech University Health Sciences Center, Texas Tech University System, Texas Tech University and Texas Tech University System Board of Regents v. Pureza “Didit” Martinez (No.
- [SCOTX Reverses Houston [14th] Court of Appeals in Good Samaritan Duty Case](https://tcjl.com/scotx-reverses-houston-14th-court-of-appeals-in-good-samaritan-duty-case/) - In a per curiam opinion without oral argument, the Texas Supreme Court has reversed a decision of the Houston [14th] Court of Appeals in a case involving the scope of the duty of a Good Samaritan who renders assistance to another without compensation. Three Aces Towing, Inc. d/b/a Three Aces Storage v. Cassie Landrum, Individually,
- [Dallas Court of Appeals Enforces Forum Selection Clause](https://tcjl.com/dallas-court-of-appeals-enforces-forum-selection-clause/) - In an opinion strongly supportive of freedom to contract and holding parties to a contract to their bargain, the Dallas Court of Appeals has reversed a trial court order granting special appearances and motions to dismiss in favor of Louisiana defendants who reneged on a contract with a Texas contractor. Stellar Restoration Services, LLC v.
- [Update on SB 8 Litigation in State Courts](https://tcjl.com/update-on-sb-8-litigation-in-state-courts/) - Here a brief update of the status of SB 8-related litigation in state courts. In re Texas Heartbeat Act Litigation (No. 21-0782) The main event in state court is the multidistrict litigation (MDL) pre-trial proceeding presided over by Judge David Peeples. Shortly after SB 8 became effective last September, several abortion support organizations and physicians
- [Austin Court of Appeals Rules in Complex Workers’ Compensation Case](https://tcjl.com/austin-court-of-appeals-rules-in-complex-workers-compensation-case/) - On remand from the Texas Supreme Court, the Austin Court of Appeals has affirmed in part and reversed in part a SOAH decision awarding a medical provider additional fees in a dispute with a workers’ compensation insurance carrier over reimbursement for services provided to an injured worker. The original issue in Facility Insurance Corporation v.
- [Austin Court of Appeals Sides with ERS On Denial of Accidental Death Benefits](https://tcjl.com/austin-court-of-appeals-sides-with-ers-on-denial-of-accidental-death-benefits/) - A state employee purchased accidental death and dismemberment insurance under a group term life policy established by the Employees Retirement System. The policy covered the employee and her dependents. Her husband, a dependent insured under the policy, was killed when he attempted to cross IH 635 at 6:15 one morning. He was struck by at
- [Fourth Court of Appeals Holds That Party Did Not Waive Right to Compel Arbitration](https://tcjl.com/fourth-court-of-appeals-holds-that-party-did-not-waive-right-to-compel-arbitration/) - In an opinion that provides an excellent review of when a right to arbitration may be waived, the San Antonio Court of Appeals has reversed a trial court order denying a party’s motion to compel arbitration. San Antonio Eye Center, P.A., et al. v. Vision Associates of South Texas P.A. (No. 04-22-00078-CV) arose from a
- [San Antonio Court of Appeals Rejects Netflix TCPA Defense in Defamation Case](https://tcjl.com/san-antonio-court-of-appeals-rejects-netflix-tcpa-defense-in-defamation-case/) - In a case that demonstrates that the Texas Citizens Participation Act (TCPA) does not give a free pass to media defendants whose programming defames a private person, the San Antonio Court of Appeals has affirmed a trial court order denying the defendants’ TCPA motion to dismiss plaintiff’s defamation claim. Netflix, Inc. et al. v. Barina
- [San Antonio Court of Appeals Reverses Multi-Million Dollar Judgment in Premises Liability Case](https://tcjl.com/san-antonio-court-of-appeals-reverses-multi-million-dollar-judgment-in-premises-liability-case/) - Plaintiff went into a grocery store in south Texas to buy a watermelon. The watermelons were displayed in large cardboard boxes sitting on pallets. The pallets had open sides. The corners of the boxes had large red arrows printed on them warning people not to trip over the exposed corners of the pallets. Plaintiff went
- [Houston [14th] Court of Appeals Upholds $129 Million Judgment in Breach of Contract Case](https://tcjl.com/houston-14th-court-of-appeals-upholds-129-million-judgment-in-breach-of-contract-case/) - In another sandbox fight between big energy companies, the Houston [14th] Court of Appeals has affirmed a trial court judgment awarding $129 million in a breach of contract case. Targa Channelview LLC v. Vitol Americas Corp. (No. 14-21-00048-CV) arose from a contract under which Vitol (originally “Noble Americas Corp.”) agreed to deliver crude oil to
- [Houston Court of Appeals Sides With TotalEnergies in Contract Dispute with Kinder Morgan](https://tcjl.com/houston-court-of-appeals-sides-with-totalenergies-in-contract-dispute-with-kinder-morgan/) - An imbroglio between energy giants over the extent of additional insured coverage required by a construction contract has landed in the Houston [14th] Court of Appeals. TotalEnergies Petrochemicals & Refining USA, Inc. FKA Total Petrochemicals & Refining,USA, Inc. and Ace Property & Casualty Insurance Co. v. Kinder Morgan Petcoke LP and Kinder Morgan Petcoke GP
- [Waco Court of Appeals Grants Mandamus In Discovery Dispute](https://tcjl.com/waco-court-of-appeals-grants-mandamus-in-discovery-dispute/) - The Waco Court of Appeals has conditionally granted a writ of mandamus ordering a trial court to vacate its order compelling discovery from the premises owner in a personal injury case. In re Pilgrim’s Pride Corporation, Christopher Bentley, and Kyle Martin (10-21-00305-CV) stemmed from a 2021 accident at the Pilgrim’s Pride chicken processing plant in
- [Ford Motor Company Prevails in Discovery Dispute Before Corpus Christi Court of Appeals](https://tcjl.com/ford-motor-company-prevails-in-discovery-dispute-before-corpus-christi-court-of-appeals/) - 7In an important case of first impression, the Corpus Christi Court of Appeals has granted a conditional writ of mandamus directing a trial court to vacate its order compelling Ford to produce tens of thousands of documents without actual notice of the documents intended for use and opportunity to make authenticity objections as provided by
- [Why Judge Peeples Found SB 8’s Civil Procedures Unconstitutional](https://tcjl.com/why-judge-peeples-found-sb-8s-civil-procedures-unconstitutional-2/) - As we reported yesterday, Judge David Peeples found constitutional fault with SB 8’s procedural requirements and barriers. Today we look more closely at the three fatal infirmities that he identified in the law. Standing. In this space we have previously conveyed our own doubts about SB 8’s universal authorization for “any person” to sue “any
- [Trial Court Rules That SB 8 Is Unconstitutional](https://tcjl.com/trial-court-rules-that-sb-8-is-unconstitutional/) - In an almost 50-page opinion, retired District Judge David Peeples, sitting by assignment in the 98th District Court in Travis County, has issued an order striking down SB 8’s procedural requirements as violating the Texas Constitution. Importantly, the opinion does not concern the constitutionality of the Texas Fetal Heartbeat Act or other abortion-related statutes. This
- [Federal Class Action Challenges Constitutionality of Texas Anti-Abortion Statutes](https://tcjl.com/federal-class-action-challenges-constitutionality-of-texas-anti-abortion-statutes-2/) - As we previously reported, in August of this year the Texas SB 8 Litigation MDL Plaintiffs filed a class action in the U.S. District Court for the Western District of Texas, Austin Division, against the Attorney General and county and district attorneys. The action seeks injunctive and declaratory relief from criminal prosecution of Plaintiffs under
- [Houston [1st] Court of Appeals Upholds Trial Court Denial of Motion to Dismiss Chapter 74 Health Care Liability Claim](https://tcjl.com/houston-1st-court-of-appeals-upholds-trial-court-denial-of-motion-to-dismiss-chapter-74-health-care-liability-claim/) - Under a recent decision by the Houston [1st] Court of Appeals, a medical malpractice claim against two physicians and their employer hospital will go forward. Jerry M. Keepers, M.D., Eric Kay-Fung Chan, M.D., and Vista Community Medical Center, d/b/a Surgery Specialty Hospitals of America v. Michael Smith and Valerie Smith (No. 01-20-00463-CV) arose from an
- [SCOTX Grants Review in Dispute Over Arbitration Agreement](https://tcjl.com/scotx-grants-review-in-dispute-over-arbitration-agreement-2/) - The Texas Supreme Court will hear oral arguments in September in a case likely to be of significant interest to TCJL members. Total E&P USA, Inc. v. MP Gulf of Mexico, LLC (No. 21-0028) involves, among other things, the interpretation of an arbitration provision in a contract between oil and gas producers that explicitly incorporates
- [Corpus Christi Court of Appeals Enforces Arbitration Clause in Construction Contract](https://tcjl.com/corpus-christi-court-of-appeals-enforces-arbitration-clause-in-construction-contract/) - In another case in which a trial court declined to compel arbitration under a valid agreement, the Corpus Christi Court of Appeals has stepped in to enforce the contract. D. Wilson Construction Company v. Filegonia Site Contractors, LLC (No. 13-21-00203-CV) arose from a dispute between a general contractor (Wilson) and subcontractor (Filegonia) in connection with
- [SCOTX Mandamuses Houston [14th] Court of Appeals in Case Involving Trial Subpoena of Corporate Representative](https://tcjl.com/scotx-mandamuses-houston-14th-court-of-appeals-in-case-involving-trial-subpoena-of-corporate-representative/) - In a per curiam opinion and without oral argument, the Texas Supreme Court has conditionally granted a writ of mandamus directing the Houston [14th] Court of Appeals to vacate its order quashing the plaintiff’s trial subpoena of a corporate representative residing within 150 miles of the Harris County Courthouse. In re Zach Brown (No. 20-0992)
- [Another Dallas Court of Appeals Decision Will Undergo Review at SCOTX](https://tcjl.com/another-dallas-court-of-appeals-decision-will-undergo-review-at-scotx/) - We have previously reported on two problematic mental anguish damages cases from the Dallas Court of Appeals, in which the Texas Supreme Court granted review on September 2. In this same group of granted petitions, SCOTX has also decided to review a third case, Headington Royalty, Inc. and Headington Energy Partners, LLC v. Finley Resources,
- [San Antonio Court of Appeals Affirms Rare Summary Judgment in Adverse Possession Case](https://tcjl.com/san-antonio-court-of-appeals-affirms-rare-summary-judgment-in-adverse-possession-case/) - Claims to title to real property by adverse possession are generally so fact intensive that they easily defeat a motion for summary judgment. But in Kothmann v. Menzies (No. 04-21-00451-CV), the San Antonio Court of Appeals found the rare exception. The land at issue in the case, about 37 acres of pasture in Menard County,
- [Dallas Court of Appeals Affirms Denial of TCPA Motion to Dismiss in Contract Dispute](https://tcjl.com/dallas-court-of-appeals-affirms-denial-of-tcpa-motion-to-dismiss-in-contract-dispute/) - In a case involving a dispute between an investor/consultant and Delaware-based entities, the Dallas Court of Appeals has upheld a Collin County district court’s denial of the investor’s TCPA motion to dismiss. Douglas D. Box v. Petrotel Oman LLC, Petrotel Oman Onshore LLC, and Petrotel Oman Offshore LLC (No. 05-21-00951-CV) arose from an agreement relating
- [Divided Houston [1st] Court of Appeals Affirms TC Appointment of Special Master to Conduct Board of Directors Election](https://tcjl.com/divided-houston-1st-court-of-appeals-affirms-tc-appointment-of-special-master-to-conduct-board-of-directors-election/) - A dispute over the governing documents of a non-profit organization has raised an interesting question about trial court’s authority to prescribe a remedy that neither of the parties to the dispute requested. The Nigerian Foundation v. Bedford Umezulike, Kenny Efunpo, Emaido Hailey, Ola Joseph, and Tobias Ogu (No. 01-20-00262) arose from mutual accusations of
- [Fort Worth Court of Appeals Reverses Trial Court Application of Louisiana Law in Insurance Dispute](https://tcjl.com/fort-worth-court-of-appeals-reverses-trial-court-application-of-louisiana-law-in-insurance-dispute/) - In an interesting choice-of-law analysis, the Fort Worth Court of Appeals has reversed and remanded a trial court judgment awarding a factoring company statutory punitive damages against a Texas-based insurer. The court ordered a new trial applying substantive Texas law instead. Government Personnel Mutual Life Insurance Company v. Lincoln Factoring (No. 02-21-00090-CV) arose from
- [Waco Court of Appeals Splits Over Application of Chapter 74 to Ambulance Wreck](https://tcjl.com/waco-court-of-appeals-splits-over-application-of-chapter-74-to-ambulance-wreck/) - Over the dissent of Chief Justice Gray, the Waco Court of Appeals has affirmed a trial court order denying a Chapter 74 motion to dismiss on the basis that plaintiff’s claims were not health care liability claims. Spencer Canter and American Medical Response, Inc. v. Zaida Soto Toca, (No. 10-22-00166-CV) arose from an accident in
- [Fort Worth Court of Appeals Applies Borrowed Servant Doctrine in Workers’ Comp Case](https://tcjl.com/fort-worth-court-of-appeals-applies-borrowed-servant-doctrine-in-workers-comp-case/) - The employee of a temporary employment agency was assigned to work at a warehouse owned by a wind turbine company. While working on the site, he was injured when a steel beam fell from a forklift. He sued the warehouse owner, his temp employer, and others for negligence, negligence per se, and gross negligence. A
- [Eastland Court of Appeals Reverses Summary Judgment for Non-Subscriber Construction Company](https://tcjl.com/eastland-court-of-appeals-reverses-summary-judgment-for-non-subscriber-construction-company/) - In a case out of Ector County, the Eastland Court of Appeals has found that the employee of a non-subscriber who was injured on the job presented at least some evidence that his employer breached its legal duty to provide him with safety equipment necessary to perform his job safely. Flores v. Oil-Tech Construction LLC
- [Houston Court of Appeals Upholds TCPA Dismissal in Malicious Prosecution Case](https://tcjl.com/houston-court-of-appeals-upholds-tcpa-dismissal-in-malicious-prosecution-case/) - In a nasty fight over attorney’s fees within a nasty fight over the Hunt Oil family fortune, the Houston [1st] Court of Appeals has thrown out an effort by one of the heirs, Albert G. Hill, III, to use the TCPA to get out of a suit for attorney’s fees. In a made-for-TV fashion,
- [San Antonio Court of Appeals Reverses Denial of Special Appearance in Embarrassing Prank Gift Case](https://tcjl.com/san-antonio-court-of-appeals-reverses-denial-of-special-appearance-in-embarrassing-prank-gift-case/) - An anonymous person ordered a prank item from a North Carolina online seller and had it delivered to plaintiff at her place of employment. She opened the package in front of co-workers and found its contents “highly inappropriate and humiliating, especially in an office setting.” She sued the anonymous purchaser and the seller in state
- [SCOTX Grants Review of Controversial Dallas Court of Appeals Decision on Mental Anguish Damages](https://tcjl.com/scotx-grants-review-of-controversial-dallas-court-of-appeals-decision-on-mental-anguish-damages/) - The Texas Supreme Court will review a controversial en banc Dallas Court of Appeals opinion filed in late November 2020. In addition to the very significant substantive law issue in the case—what standards must a trial court and jury follow in evaluating mental anguish damages in a wrongful death case—Gregory v. Chohan, 615 S.W.3d 277
- [SCOTX Grants Review in Case Raising Batson, Mental Anguish Damages Issues](https://tcjl.com/scotx-grants-review-in-case-raising-batson-mental-anguish-damages-issues/) - The Texas Supreme Court has agreed to review a Dallas Court of Appeals decision affirming a multi-million dollar judgment in favor of the plaintiffs in a fatality accident on IH 35. Among other things, the case raises troubling issues regarding the trial court’s ruling on the defendant’s Batson challenges to the use of the plaintiffs’
- [Washington Legal Foundation Publishes TCJL Op-Ed on Talc Litigation](https://tcjl.com/washington-legal-foundation-publishes-tcjl-op-ed-on-talc-mass-litigatio/) - The Washington Legal Foundation has published an op-ed authored by TCJL in connection with the mass talc litigation pending in the U.S. Bankruptcy Court in New Jersey. The consumer products division of Johnson & Johnson, the target defendant in almost 40,000 lawsuits nationwide, reorganized under Texas law to place present and future claims liability in

## Pages

- [Home](https://tcjl.com/) - For more than three decades the League has represented the common interests of Texas businesses & individuals in an accessible, efficient, and impartial civil justice system.
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- [TPLF:  Third Party Litigation Funding](https://tcjl.com/tplf-third-party-litigation-funding/) - TPLF Articles: Newsweek and Institute for Legal Reform "We Must Protect American Courtrooms From Foreign Interference" - Newsweek article by former Congressman Michael Patrick Flanagan; August 4, 2025 "What You Need to Know About Third Party Litigation Funding" - Institute for Legal Reform overview article; June 7, 2024 TPLF Alert: Texas Supreme Court Advisory Committee to
- [About](https://tcjl.com/about/) - For more than three decades the League has represented the common interests of Texas businesses and individuals in an accessible, efficient, and impartial civil justice system.
- [Board & Staff](https://tcjl.com/board-staff/) - For more than three decades the League has represented the common interests of Texas businesses and individuals in an accessible, efficient, and impartial civil justice system.
- [Produced Water Recycling](https://tcjl.com/water/) - HEARING ALERT Senate Natural Resources 9:00, Wednesday, May 21, 2025 E1.012 Hearing Notice Video Link Please attend the hearing or send a representative to register FOR HB 49 Produced Water Liability HB 49 by Darby (R-San Angelo) and Senator Perry (R-Lubbock) HB 49 by Rep. Darby and SB 1399 by Sen. Perry specifies that
- [Public Nuisance](https://tcjl.com/public-nuisance/) - June 2, 2025: Public Nuisance SB 779 and HB 3964 Bills dead in House Judiciary & Civil Jurisprudence Public Nuisance Legislation: What Does It Really Do? by George Christian | Apr 23, 2025 Alarming Expansion in Public Nuisance Litigation Revealed by ATRA Report March 25, 2025 SB 779 by Middleton (R-Galveston)/HB 3964 by Vasut (R-Angleton): Adds Chapter 100C, Civil Practice & Remedies
- [AI - Artificial Intelligence Liability](https://tcjl.com/ai/) - AI Legislation Heads for Senate Floor (HB 149) by George Christian | May 22, 2025 https://tcjl.com/ai-legislation-heads-for-senate-floor-hb-149/ Legislation regulating the burgeoning artificial intelligence industry (not to mention anybody who deploys an AI system for use in the world) has advanced from the Senate Business & Commerce Committee and will presumably go to the Senate floor in short order. The
- [Eminent Domain](https://tcjl.com/eminent-domain/) - Coalition for Critical Infrastructure CCI Priority Update Re SB 291 5-16-25 Please see email from Thure Cannon regarding his discussion with Chairman Gates about SB 291. From: Sheryl Jett Date: Thursday, May 15, 2025 at 5:40 PM To: Sheryl Jett Subject: FW: Update on SB 291 Friends, In visiting with Chm. Gates’ office today,
- [Nuclear Verdicts](https://tcjl.com/nuclear-verdicts/) - Hearing Alert! FOR Nuclear Verdicts HB 4806 – SB 30 on 5-7-25 by Carol Sims | May 2, 2025 Nuclear Verdicts Please attend and sign a card FOR HB 4806. If you cannot attend the hearing or send someone to sign a card, you may enter public comments of support here: https://comments.house.texas.gov/home?c=c330 House Judiciary & Civil Jurisprudence 7:00am, Wednesday, May 7, 2025
- [ERISA](https://tcjl.com/erisa/) - Employee Retirement Income Security Act of 1974 The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans. ERISA Joint Association letter 4-26-25 Federal District Court Rules That ERISA
- [Eminent Domain](https://tcjl.com/legislative-program/old-eminent-domain/) - Coalition for Critical Infrastructure https://www.ccitx.org/ OUR MISSION The Coalition for Critical Infrastructure (CCI) was formed to help maintain Texas’ positive business climate and quality of life by addressing our growing need for roads and highways; oil, natural gas and water pipelines; electric transmission and distribution lines; drainage and flood control; and other important infrastructure projects.
- [TCJL Legislative Analysis Process - the Funnel](https://tcjl.com/lege-funnel/) - Preserving and Enhancing the Texas Miracle: Texas Civil Justice League Statement of Conservative Business Principles by George Christian Feb 2, 2023 The Texas Civil Justice League (TCJL) was established in 1986 to work on a bipartisan basis with the state leadership and members of the Legislature on policies that strengthen the business climate and make Texas
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- [Legislative Program](https://tcjl.com/legislative-program/) - TCJL Program of Work 2021 Pandemic Liability Protection Act SB 6 by Hancock More... Eminent Domain - Coalition for Critical Infrastructure More...
- [Legislative Resources](https://tcjl.com/legislative-resources/) - For more than three decades the League has represented the common interests of Texas businesses and individuals in an accessible, efficient, and impartial civil justice system.
- [Program of Work](https://tcjl.com/legislative-program/program-of-work/)
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- [Events](https://tcjl.com/events/) - [et_pb_section bb_built=”1″ admin_label=”Hero” _builder_version=”3.29.3″ custom_margin=”||0px|” custom_padding=”6vw||0px|” background_color=”#ffffff” custom_padding_tablet=”50px|0|50px|0″ custom_padding_last_edited=”on|desktop” next_background_color=”#000000″ box_shadow_horizontal_tablet=”0px” box_shadow_vertical_tablet=”0px” box_shadow_blur_tablet=”40px” box_shadow_spread_tablet=”0px” disabled=”off” disabled_on=”on||” z_index_tablet=”500″][et_pb_row custom_padding=”0|0px|0|0px|false|false” _builder_version=”3.12.2″ custom_margin=”||0px|” width=”80%” max_width=”1238px”][et_pb_column type=”4_4″ custom_padding_tablet=”|5%||5%||true” custom_padding_phone=”|7%||7%||true” custom_padding__hover=”|||” custom_padding=”|||” background_color_gradient_direction=”270deg” background_color_gradient_start=”#ffffff” background_color_gradient_end=”rgba(255,255,255,0.8)” background_color_gradient_overlays_image=”on”][et_pb_text admin_label=”Desktop: League Events” _builder_version=”4.0.2″ text_font_size=”18px” text_line_height=”1.8em” header_font_size=”70px” header_font_size_tablet=”50px” header_font_size_phone=”32px” header_font_size_last_edited=”on|tablet” header_line_height=”1.5em” header_3_font=”Lato|700||on|||||” header_3_text_color=”#3550a0″ header_3_font_size=”20px” header_3_font_size_tablet=”50px” header_3_font_size_phone=”32px” header_3_font_size_last_edited=”off|desktop” header_3_line_height=”1.5em” custom_margin=”|||” locked=”off” text_orientation=”center” text_text_shadow_horizontal_length=”text_text_shadow_style,%91object Object%93″ text_text_shadow_horizontal_length_tablet=”0px”
- [Terms of Service](https://tcjl.com/tos/) - [et_pb_section bb_built=”1″ admin_label=”section” inner_width=”auto” inner_max_width=”none”][et_pb_row admin_label=”row” background_position=”top_left” background_repeat=”repeat” background_size=”initial” _builder_version=”3.9″ custom_margin=”||0px|” custom_padding=”||0px|” width=”80%” max_width=”1080px”][et_pb_column type=”4_4″][et_pb_text admin_label=”Title: Terms of Service” use_border_color=”off” background_position=”top_left” background_repeat=”repeat” background_size=”initial” _builder_version=”3.23.3″ header_font_size=”48px” header_font_size_tablet=”40px” header_font_size_phone=”24px” header_font_size_last_edited=”on|tablet” custom_margin=”||0px|” custom_padding=”||35px|” text_text_shadow_horizontal_length=”text_text_shadow_style,%91object Object%93″ text_text_shadow_horizontal_length_tablet=”0px” text_text_shadow_vertical_length=”text_text_shadow_style,%91object Object%93″ text_text_shadow_vertical_length_tablet=”0px” text_text_shadow_blur_strength=”text_text_shadow_style,%91object Object%93″ text_text_shadow_blur_strength_tablet=”1px” link_text_shadow_horizontal_length=”link_text_shadow_style,%91object Object%93″ link_text_shadow_horizontal_length_tablet=”0px” link_text_shadow_vertical_length=”link_text_shadow_style,%91object Object%93″ link_text_shadow_vertical_length_tablet=”0px” link_text_shadow_blur_strength=”link_text_shadow_style,%91object Object%93″ link_text_shadow_blur_strength_tablet=”1px” ul_text_shadow_horizontal_length=”ul_text_shadow_style,%91object Object%93″ ul_text_shadow_horizontal_length_tablet=”0px” ul_text_shadow_vertical_length=”ul_text_shadow_style,%91object Object%93″ ul_text_shadow_vertical_length_tablet=”0px” ul_text_shadow_blur_strength=”ul_text_shadow_style,%91object
- [Confirmation](https://tcjl.com/confirmation/) - [et_pb_section bb_built=”1″ admin_label=”Hero Section” fullwidth=”on” _builder_version=”3.22.7″ parallax=”on” animation_style=”fade” animation_starting_opacity=”87%” mix_blend_mode=”multiply” border_style_all=”none” parallax_method=”off” inner_width_tablet=”50px” inner_max_width_tablet=”50px” z_index_tablet=”500″][et_pb_fullwidth_header admin_label=”Confirmation” text_orientation=”center” header_fullscreen=”on” background_overlay_color=”rgba(49,62,71,0)” _builder_version=”3.22.7″ title_font_size=”80px” title_font_size_tablet=”40px” title_font_size_last_edited=”on|desktop” title_text_color=”#000000″ title_line_height=”1.6em” subhead_font=”|700|||||||” subhead_text_color=”#000000″ subhead_letter_spacing=”4px” subhead_line_height=”1.9em” background_position=”top_left” background_repeat=”repeat” border_color_all=”rgba(31,40,48,0.94)” custom_button_one=”on” button_one_text_size=”13px” button_one_text_color=”rgba(0,0,0,0.8)” button_one_bg_color=”#ffba60″ button_one_border_width=”12px” button_one_border_color=”#ffba60″ button_one_border_radius=”0px” button_one_letter_spacing=”4px” button_one_font=”|700||on|||||” button_one_icon=”%%3%%” background_layout=”light” subhead_font_size=”28px” subhead_font_size_phone=”16px” subhead_font_size_last_edited=”on|phone” child_mix_blend_mode=”darken” background_color=”rgba(255, 255, 255, 0)” button_one_text_size__hover_enabled=”off” button_one_text_size__hover=”null” button_two_text_size__hover_enabled=”off” button_two_text_size__hover=”null”
- [Privacy Policy](https://tcjl.com/privacy-policy/) - [et_pb_section bb_built=”1″ admin_label=”section”][et_pb_row admin_label=”row” background_position=”top_left” background_repeat=”repeat” background_size=”initial”][et_pb_column type=”4_4″][et_pb_text admin_label=”Title: Privacy Policy” use_border_color=”off” background_position=”top_left” background_repeat=”repeat” background_size=”initial” _builder_version=”3.9″ header_font_size=”100px” header_font_size_tablet=”78px” header_font_size_phone=”34px” header_font_size_last_edited=”on|phone” custom_margin=”||0px|” custom_padding=”||0px|”] Privacy Policy [/et_pb_text][/et_pb_column][/et_pb_row][et_pb_row admin_label=”row” background_position=”top_left” background_repeat=”repeat” background_size=”initial” _builder_version=”3.9″ custom_margin=”0px|||” custom_padding=”0px|||”][et_pb_column type=”4_4″][et_pb_text admin_label=”Privacy Policy Text” use_border_color=”off” background_position=”top_left” background_repeat=”repeat” background_size=”initial” _builder_version=”3.9″ header_font_size=”100px” header_font_size_tablet=”78px” header_font_size_phone=”34px” header_font_size_last_edited=”on|phone” custom_margin=”0px|||” custom_padding=”0px|||”] [my_privacy_policy] [/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]
- [Amicus Briefs](https://tcjl.com/members-area/amicus-briefs/) - TCJL Amicus Brief Program Policy and Procedures The TCJL Amicus Program is provided as a member benefit to League members only. All requests should be submitted to the TCJL Amicus Committee. Please include: TCJL member name; brief summary of the issue; names of all parties; names of all counsel; other existing or planned amici, if
- [Freshmen Members of Appropriation 6-26-13](https://tcjl.com/galleries-old/freshmen-members-of-appropriation-6-26-13-2/)
- [San Antonio TCJL PAC Luncheon 9-17-12](https://tcjl.com/galleries-old/san-antonio-tcjl-pac-luncheon/)
- [Jack Dillard Reception 9-25-13](https://tcjl.com/galleries-old/jack-dillard-reception-9-25-13/)
- [Commfab VI](https://tcjl.com/confab-vi/)
- [Bill Signing Ceremony HB 2767 by Phil King, May 2013](https://tcjl.com/galleries-old/bill-signing-ceremony-hb-2767-by-phil-king-may-2013/)
- [2013 Annual Meeting](https://tcjl.com/galleries-old/tcjl-annual-meeting-11-7-13/)
- [2002 Annual Meeting](https://tcjl.com/galleries-old/2002-annual-meeting/)
- [TCJL Legislative Report 3-20-15](https://tcjl.com/members-area/tcjl-legislative-report-3-20-15/) - Texas Civil Justice League Legislative Report March 20, 2015 Bill Filing Deadline was Friday, March 13. 6440 Total Bills Filed 4127 House Bills Filed (3366 House Bills Referred) 1999 Senate Bills (1490 Senate Bills Referred 314 Resolutions Good Faith Remediation (TCJL PROGRAM) HB 1794 by Geren (House Environmental Regulation) 03-17-15 H Left pending in committee SB 1509 by
- [Court Opinion Summaries](https://tcjl.com/members-area/court-opinion-summaries/)

## Projects

- [2011 TCJL Annual Meeting](https://tcjl.com/project/2011-tcjl-annual-meeting/) - [et_pb_section bb_built=”1″ fullwidth=”on” custom_padding_last_edited=”on|phone” _builder_version=”4.0.6″ background_color=”#000000″ inner_width_tablet=”50px” inner_max_width_tablet=”100px” inner_max_width_phone=”50px” custom_padding_tablet=”50px|0px||0px” z_index_tablet=”500″ box_shadow_horizontal_tablet=”0px” box_shadow_vertical_tablet=”0px” box_shadow_blur_tablet=”40px” box_shadow_spread_tablet=”0px” next_background_color=”#000000″ custom_padding_phone=”50px|0px|20px|0px”][et_pb_fullwidth_header admin_label=”TCJL 25th Annual Meeting – October 11, 2011″ title=”TCJL 25th Annual Meeting” subhead=”October 11, 2011″ text_orientation=”center” _builder_version=”4.0.6″ title_font=”|700|||||||” background_color=”#000000″ parallax=”on” max_width_tablet=”50px” custom_margin=”||0px|” custom_padding=”||20px|” z_index_tablet=”500″ custom_css_subtitle=”font-size: 160%;” title_text_shadow_horizontal_length_tablet=”0px” title_text_shadow_vertical_length_tablet=”0px” title_text_shadow_blur_strength_tablet=”1px” content_text_shadow_horizontal_length_tablet=”0px” content_text_shadow_vertical_length_tablet=”0px” content_text_shadow_blur_strength_tablet=”1px” subhead_text_shadow_horizontal_length_tablet=”0px” subhead_text_shadow_vertical_length_tablet=”0px” subhead_text_shadow_blur_strength_tablet=”1px” content_link_text_shadow_horizontal_length_tablet=”0px” content_link_text_shadow_vertical_length_tablet=”0px” content_link_text_shadow_blur_strength_tablet=”1px”
- [TCJL 26th Annual Meeting](https://tcjl.com/project/2012-tcjl-annual-meeting/) - [et_pb_section bb_built=”1″ fullwidth=”on” custom_padding_last_edited=”on|desktop” _builder_version=”4.0.6″ background_color=”#000000″ inner_width_tablet=”50px” inner_max_width_tablet=”100px” inner_max_width_phone=”50px” custom_padding_tablet=”50px|0px|0px|0px” z_index_tablet=”500″ box_shadow_horizontal_tablet=”0px” box_shadow_vertical_tablet=”0px” box_shadow_blur_tablet=”40px” box_shadow_spread_tablet=”0px” next_background_color=”#000000″ custom_margin=”0px||0px|” custom_margin_last_edited=”on|desktop” custom_padding_phone=”50px|0px|20px|0px” custom_padding=”0px|||”][et_pb_fullwidth_header admin_label=”TCJL 26th Annual Meeting” title=”TCJL 26th Annual Meeting” subhead=”November 8, 2012″ text_orientation=”center” _builder_version=”4.0.6″ title_font=”|700|||||||” background_color=”#000000″ parallax=”on” max_width_tablet=”50px” custom_margin=”||0px|” custom_padding=”||20px|” z_index_tablet=”500″ custom_css_subtitle=”font-size: 160%;” title_text_shadow_horizontal_length_tablet=”0px” title_text_shadow_vertical_length_tablet=”0px” title_text_shadow_blur_strength_tablet=”1px” content_text_shadow_horizontal_length_tablet=”0px” content_text_shadow_vertical_length_tablet=”0px” content_text_shadow_blur_strength_tablet=”1px” subhead_text_shadow_horizontal_length_tablet=”0px” subhead_text_shadow_vertical_length_tablet=”0px” subhead_text_shadow_blur_strength_tablet=”1px” content_link_text_shadow_horizontal_length_tablet=”0px” content_link_text_shadow_vertical_length_tablet=”0px” content_link_text_shadow_blur_strength_tablet=”1px” content_ul_text_shadow_horizontal_length_tablet=”0px”
- [San Antonio TCJL PAC Luncheon 2012](https://tcjl.com/project/san-antonio-tcjl-pac-luncheon-2012/) - [et_pb_section bb_built=”1″ fullwidth=”on” custom_padding_last_edited=”on|tablet” _builder_version=”4.0.6″ background_color=”#000000″ inner_width_tablet=”50px” inner_max_width_tablet=”100px” inner_max_width_phone=”50px” custom_padding_tablet=”50px|0px|0px|0px” z_index_tablet=”500″ box_shadow_horizontal_tablet=”0px” box_shadow_vertical_tablet=”0px” box_shadow_blur_tablet=”40px” box_shadow_spread_tablet=”0px” next_background_color=”#000000″ custom_padding_phone=”50px|0px|20px|0px” custom_margin_tablet=”||0px|” custom_margin_last_edited=”on|phone”][et_pb_fullwidth_header admin_label=”San Antonio TCJL PAC Luncheon 2012 – September 17, 2012″ title=”San Antonio TCJL PAC Luncheon” subhead=”September 17, 2012″ text_orientation=”center” _builder_version=”4.0.6″ title_font=”|700|||||||” background_color=”#000000″ parallax=”on” max_width_tablet=”50px” custom_margin=”||0px|” custom_padding=”||20px|” z_index_tablet=”500″ custom_css_subtitle=”font-size: 160%;” title_text_shadow_horizontal_length_tablet=”0px” title_text_shadow_vertical_length_tablet=”0px” title_text_shadow_blur_strength_tablet=”1px” content_text_shadow_horizontal_length_tablet=”0px” content_text_shadow_vertical_length_tablet=”0px” content_text_shadow_blur_strength_tablet=”1px” subhead_text_shadow_horizontal_length_tablet=”0px”
- [Jack Dillard Reception 2013](https://tcjl.com/project/jack-dillard/) - [et_pb_section bb_built=”1″ fullwidth=”on” custom_padding_last_edited=”on|tablet” _builder_version=”4.0.6″ background_color=”#000000″ inner_width_tablet=”50px” inner_max_width_tablet=”100px” inner_max_width_phone=”50px” custom_padding_tablet=”50px|0px|0px|0px” z_index_tablet=”500″ box_shadow_horizontal_tablet=”0px” box_shadow_vertical_tablet=”0px” box_shadow_blur_tablet=”40px” box_shadow_spread_tablet=”0px” next_background_color=”#000000″ custom_padding_phone=”50px|0px|20px|0px” custom_margin_tablet=”||0px|” custom_margin_last_edited=”on|desktop”][et_pb_fullwidth_header admin_label=”Jack Dillard Reception 2013″ title=”Jack Dillard Reception 2013″ text_orientation=”center” _builder_version=”4.0.6″ title_font=”|700|||||||” background_color=”#000000″ parallax=”on” max_width_tablet=”50px” custom_margin=”||0px|” custom_padding=”||20px|” z_index_tablet=”500″ custom_css_subtitle=”font-size: 160%;” title_text_shadow_horizontal_length_tablet=”0px” title_text_shadow_vertical_length_tablet=”0px” title_text_shadow_blur_strength_tablet=”1px” content_text_shadow_horizontal_length_tablet=”0px” content_text_shadow_vertical_length_tablet=”0px” content_text_shadow_blur_strength_tablet=”1px” subhead_text_shadow_horizontal_length_tablet=”0px” subhead_text_shadow_vertical_length_tablet=”0px” subhead_text_shadow_blur_strength_tablet=”1px” content_link_text_shadow_horizontal_length_tablet=”0px” content_link_text_shadow_vertical_length_tablet=”0px” content_link_text_shadow_blur_strength_tablet=”1px” content_ul_text_shadow_horizontal_length_tablet=”0px” content_ul_text_shadow_vertical_length_tablet=”0px” content_ul_text_shadow_blur_strength_tablet=”1px” content_ol_text_shadow_horizontal_length_tablet=”0px” content_ol_text_shadow_vertical_length_tablet=”0px”
- [TCJL 27th Annual Meeting](https://tcjl.com/project/2013-tcjl-annual-meeting/) - [et_pb_section bb_built=”1″ fullwidth=”on” custom_padding_last_edited=”on|tablet” _builder_version=”4.0.6″ background_color=”#000000″ inner_width_tablet=”50px” inner_max_width_tablet=”100px” inner_max_width_phone=”50px” custom_padding_tablet=”50px|0px|0px|0px” z_index_tablet=”500″ box_shadow_horizontal_tablet=”0px” box_shadow_vertical_tablet=”0px” box_shadow_blur_tablet=”40px” box_shadow_spread_tablet=”0px” next_background_color=”#000000″ custom_padding_phone=”50px|0px|20px|0px” custom_margin_tablet=”||0px|” custom_margin_last_edited=”on|tablet”][et_pb_fullwidth_header admin_label=”TCJL 27th Annual Meeting – Nov 7, 2013″ title=”TCJL 27th Annual Meeting” subhead=”November 7, 2013″ text_orientation=”center” _builder_version=”4.0.6″ title_font=”|700|||||||” background_color=”#000000″ parallax=”on” max_width_tablet=”50px” custom_margin=”||0px|” custom_padding=”||20px|” z_index_tablet=”500″ custom_css_subtitle=”font-size: 160%;” title_text_shadow_horizontal_length_tablet=”0px” title_text_shadow_vertical_length_tablet=”0px” title_text_shadow_blur_strength_tablet=”1px” content_text_shadow_horizontal_length_tablet=”0px” content_text_shadow_vertical_length_tablet=”0px” content_text_shadow_blur_strength_tablet=”1px” subhead_text_shadow_horizontal_length_tablet=”0px” subhead_text_shadow_vertical_length_tablet=”0px” subhead_text_shadow_blur_strength_tablet=”1px” content_link_text_shadow_horizontal_length_tablet=”0px”
- [Freshmen Members of Appropriation 2013](https://tcjl.com/project/freshmen-members-of-appropriation-2013/) - [et_pb_section bb_built=”1″ fullwidth=”on” custom_padding_last_edited=”on|phone” _builder_version=”4.0.6″ background_color=”#000000″ inner_width_tablet=”50px” inner_max_width_tablet=”100px” inner_max_width_phone=”50px” custom_padding_tablet=”50px|0px||0px” z_index_tablet=”500″ box_shadow_horizontal_tablet=”0px” box_shadow_vertical_tablet=”0px” box_shadow_blur_tablet=”40px” box_shadow_spread_tablet=”0px” next_background_color=”#000000″ custom_padding_phone=”50px|0px|20px|0px”][et_pb_fullwidth_header admin_label=”Freshmen Members of Appropriation 2013 – June 26, 2013″ title=”Freshmen Members of Appropriation 2013″ subhead=”June 26, 2013″ text_orientation=”center” _builder_version=”4.0.6″ title_font=”|700|||||||” background_color=”#000000″ parallax=”on” max_width_tablet=”50px” custom_margin=”||0px|” custom_padding=”||20px|” z_index_tablet=”500″ custom_css_subtitle=”font-size: 160%;||font-weight: bold;” title_text_shadow_horizontal_length_tablet=”0px” title_text_shadow_vertical_length_tablet=”0px” title_text_shadow_blur_strength_tablet=”1px” content_text_shadow_horizontal_length_tablet=”0px” content_text_shadow_vertical_length_tablet=”0px” content_text_shadow_blur_strength_tablet=”1px” subhead_text_shadow_horizontal_length_tablet=”0px” subhead_text_shadow_vertical_length_tablet=”0px” subhead_text_shadow_blur_strength_tablet=”1px”
- [TCJL 28th Annual Meeting](https://tcjl.com/project/2014-tcjl-annual-meeting/) - [et_pb_section bb_built=”1″ fullwidth=”on” custom_padding_last_edited=”on|phone” _builder_version=”4.0.6″ background_color=”#000000″ inner_width_tablet=”50px” inner_max_width_tablet=”100px” inner_max_width_phone=”50px” custom_padding_tablet=”50px|0px||0px” z_index_tablet=”500″ box_shadow_horizontal_tablet=”0px” box_shadow_vertical_tablet=”0px” box_shadow_blur_tablet=”40px” box_shadow_spread_tablet=”0px” next_background_color=”#000000″ custom_padding_phone=”50px|0px|20px|0px” custom_margin=”||0px|” custom_margin_last_edited=”on|desktop” custom_padding=”||0px|”][et_pb_fullwidth_header admin_label=”TCJL 28th Annual Meeting – November 6, 2014″ title=”TCJL 28th Annual Meeting” subhead=”November 6, 2014″ text_orientation=”center” _builder_version=”4.0.6″ title_font=”|700|||||||” background_color=”#000000″ parallax=”on” max_width_tablet=”50px” custom_margin=”||0px|” custom_padding=”||20px|” z_index_tablet=”500″ custom_css_subtitle=”font-size: 160%;” title_text_shadow_horizontal_length_tablet=”0px” title_text_shadow_vertical_length_tablet=”0px” title_text_shadow_blur_strength_tablet=”1px” content_text_shadow_horizontal_length_tablet=”0px” content_text_shadow_vertical_length_tablet=”0px” content_text_shadow_blur_strength_tablet=”1px” subhead_text_shadow_horizontal_length_tablet=”0px” subhead_text_shadow_vertical_length_tablet=”0px” subhead_text_shadow_blur_strength_tablet=”1px”
- [TCJL 29th Annual Meeting](https://tcjl.com/project/2015-tcjl-annual-meeting/) - [et_pb_section bb_built=”1″ fullwidth=”on” custom_padding_last_edited=”on|phone” _builder_version=”4.0.6″ background_color=”#000000″ inner_width_tablet=”50px” inner_max_width_tablet=”100px” inner_max_width_phone=”50px” custom_padding_tablet=”50px|0px||0px” z_index_tablet=”500″ box_shadow_horizontal_tablet=”0px” box_shadow_vertical_tablet=”0px” box_shadow_blur_tablet=”40px” box_shadow_spread_tablet=”0px” next_background_color=”#000000″ custom_padding_phone=”50px|0px|20px|0px”][et_pb_fullwidth_header admin_label=”TCJL 29th Annual Meeting – Nov 5, 2015″ title=”TCJL 29th Annual Meeting” subhead=”November 5, 2015″ text_orientation=”center” _builder_version=”4.0.6″ title_font=”|700|||||||” background_color=”#000000″ parallax=”on” max_width_tablet=”50px” custom_margin=”||0px|” custom_padding=”||20px|” z_index_tablet=”500″ custom_css_subtitle=”font-size: 160%;” title_text_shadow_horizontal_length_tablet=”0px” title_text_shadow_vertical_length_tablet=”0px” title_text_shadow_blur_strength_tablet=”1px” content_text_shadow_horizontal_length_tablet=”0px” content_text_shadow_vertical_length_tablet=”0px” content_text_shadow_blur_strength_tablet=”1px” subhead_text_shadow_horizontal_length_tablet=”0px” subhead_text_shadow_vertical_length_tablet=”0px” subhead_text_shadow_blur_strength_tablet=”1px” content_link_text_shadow_horizontal_length_tablet=”0px” content_link_text_shadow_vertical_length_tablet=”0px” content_link_text_shadow_blur_strength_tablet=”1px”
- [TCJL 30th Anniversary](https://tcjl.com/project/tcjl-30th-anniversary-annual-meeting-2016/) - [et_pb_section bb_built=”1″ fullwidth=”on” custom_padding_last_edited=”on|tablet” _builder_version=”4.0.6″ background_color=”#000000″ inner_width_tablet=”50px” inner_max_width_tablet=”100px” inner_max_width_phone=”50px” custom_padding_tablet=”50px|0px|0px|0px” z_index_tablet=”500″ box_shadow_horizontal_tablet=”0px” box_shadow_vertical_tablet=”0px” box_shadow_blur_tablet=”40px” box_shadow_spread_tablet=”0px” next_background_color=”#000000″ custom_padding_phone=”50px|0px|20px|0px” custom_margin_tablet=”||0px|” custom_margin_last_edited=”on|tablet”][et_pb_fullwidth_header admin_label=”TCJL 30th Anniversary – Nov 4, 2016″ title=”TCJL 30th Anniversary” subhead=”November 4, 2016″ text_orientation=”center” _builder_version=”4.0.6″ title_font=”|700|||||||” background_color=”#000000″ parallax=”on” max_width_tablet=”50px” custom_margin=”||0px|” custom_padding=”||20px|” z_index_tablet=”500″ custom_css_subtitle=”font-size: 160%;” title_text_shadow_horizontal_length_tablet=”0px” title_text_shadow_vertical_length_tablet=”0px” title_text_shadow_blur_strength_tablet=”1px” content_text_shadow_horizontal_length_tablet=”0px” content_text_shadow_vertical_length_tablet=”0px” content_text_shadow_blur_strength_tablet=”1px” subhead_text_shadow_horizontal_length_tablet=”0px” subhead_text_shadow_vertical_length_tablet=”0px” subhead_text_shadow_blur_strength_tablet=”1px” content_link_text_shadow_horizontal_length_tablet=”0px” content_link_text_shadow_vertical_length_tablet=”0px” content_link_text_shadow_blur_strength_tablet=”1px”
- [TCJL 31st Annual Meeting](https://tcjl.com/project/tcjl-31st-annual-meeting-2017/) - [et_pb_section bb_built=”1″ fullwidth=”on” custom_padding_last_edited=”on|phone” _builder_version=”4.0.6″ background_color=”#000000″ inner_width_tablet=”50px” inner_max_width_tablet=”100px” inner_max_width_phone=”50px” custom_padding_tablet=”50px|0px||0px” z_index_tablet=”500″ box_shadow_horizontal_tablet=”0px” box_shadow_vertical_tablet=”0px” box_shadow_blur_tablet=”40px” box_shadow_spread_tablet=”0px” next_background_color=”#000000″ custom_padding_phone=”50px|0px|20px|0px”][et_pb_fullwidth_header admin_label=”TCJL 31st Annual Meeting – Nov 9, 2017″ title=”TCJL 31st Annual Meeting” subhead=”November 9, 2017″ text_orientation=”center” _builder_version=”4.0.6″ title_font=”|700|||||||” background_color=”#000000″ parallax=”on” max_width_tablet=”50px” custom_margin=”||0px|” custom_padding=”||20px|” z_index_tablet=”500″ custom_css_subtitle=”font-size: 160%;” title_text_shadow_horizontal_length_tablet=”0px” title_text_shadow_vertical_length_tablet=”0px” title_text_shadow_blur_strength_tablet=”1px” content_text_shadow_horizontal_length_tablet=”0px” content_text_shadow_vertical_length_tablet=”0px” content_text_shadow_blur_strength_tablet=”1px” subhead_text_shadow_horizontal_length_tablet=”0px” subhead_text_shadow_vertical_length_tablet=”0px” subhead_text_shadow_blur_strength_tablet=”1px” content_link_text_shadow_horizontal_length_tablet=”0px” content_link_text_shadow_vertical_length_tablet=”0px” content_link_text_shadow_blur_strength_tablet=”1px”
- [2018 Texas Judges Forum](https://tcjl.com/project/tcjl-judges-forum-2018/) - [et_pb_section bb_built=”1″ fullwidth=”on” custom_padding_last_edited=”on|phone” _builder_version=”4.0.6″ background_color=”#000000″ inner_width_tablet=”50px” inner_max_width_tablet=”100px” inner_max_width_phone=”50px” custom_padding_tablet=”50px|0px||0px” z_index_tablet=”500″ box_shadow_horizontal_tablet=”0px” box_shadow_vertical_tablet=”0px” box_shadow_blur_tablet=”40px” box_shadow_spread_tablet=”0px” next_background_color=”#000000″][et_pb_fullwidth_header admin_label=”Texas Judges Forum – January 30, 2018″ title=”Texas Judges Forum” subhead=”January 30, 2018″ text_orientation=”center” _builder_version=”4.0.6″ title_font=”|700|||||||” background_color=”#000000″ parallax=”on” max_width_tablet=”50px” custom_margin=”||0px|” custom_padding=”||20px|” z_index_tablet=”500″ custom_css_subtitle=”font-size: 160%;” title_text_shadow_horizontal_length_tablet=”0px” title_text_shadow_vertical_length_tablet=”0px” title_text_shadow_blur_strength_tablet=”1px” content_text_shadow_horizontal_length_tablet=”0px” content_text_shadow_vertical_length_tablet=”0px” content_text_shadow_blur_strength_tablet=”1px” subhead_text_shadow_horizontal_length_tablet=”0px” subhead_text_shadow_vertical_length_tablet=”0px” subhead_text_shadow_blur_strength_tablet=”1px” content_link_text_shadow_horizontal_length_tablet=”0px” content_link_text_shadow_vertical_length_tablet=”0px” content_link_text_shadow_blur_strength_tablet=”1px” content_ul_text_shadow_horizontal_length_tablet=”0px” content_ul_text_shadow_vertical_length_tablet=”0px” content_ul_text_shadow_blur_strength_tablet=”1px”
- [TCJL 32nd Annual Meeting](https://tcjl.com/project/tcjl-32nd-annual-meeting-2018/) - [et_pb_section bb_built=”1″ fullwidth=”on” custom_padding_last_edited=”on|phone” _builder_version=”4.0.6″ background_color=”#000000″ inner_width_tablet=”50px” inner_max_width_tablet=”100px” inner_max_width_phone=”50px” custom_padding_tablet=”50px|0px|20px|0px” z_index_tablet=”500″ box_shadow_horizontal_tablet=”0px” box_shadow_vertical_tablet=”0px” box_shadow_blur_tablet=”40px” box_shadow_spread_tablet=”0px” next_background_color=”#000000″ custom_padding=”||20px|”][et_pb_fullwidth_header admin_label=”TCJL 32nd Annual Meeting – Nov 8, 2018″ title=”TCJL 32nd Annual Meeting” subhead=”November 8, 2018″ text_orientation=”center” _builder_version=”4.0.6″ title_font=”|700|||||||” background_color=”#000000″ parallax=”on” max_width_tablet=”50px” custom_margin=”||0px|” custom_padding=”||20px|” z_index_tablet=”500″ custom_css_subtitle=”font-size: 160%;” title_text_shadow_horizontal_length_tablet=”0px” title_text_shadow_vertical_length_tablet=”0px” title_text_shadow_blur_strength_tablet=”1px” content_text_shadow_horizontal_length_tablet=”0px” content_text_shadow_vertical_length_tablet=”0px” content_text_shadow_blur_strength_tablet=”1px” subhead_text_shadow_horizontal_length_tablet=”0px” subhead_text_shadow_vertical_length_tablet=”0px” subhead_text_shadow_blur_strength_tablet=”1px” content_link_text_shadow_horizontal_length_tablet=”0px” content_link_text_shadow_vertical_length_tablet=”0px” content_link_text_shadow_blur_strength_tablet=”1px”
- [TCJL 33rd Annual Meeting](https://tcjl.com/project/tcjl-33rd-annual-meeting-2019/) - [et_pb_section bb_built=”1″ fullwidth=”on” custom_padding_last_edited=”on|phone” _builder_version=”4.0.6″ background_color=”#000000″ inner_width_tablet=”50px” inner_max_width_tablet=”100px” inner_max_width_phone=”50px” custom_padding_tablet=”50px|0px||0px” z_index_tablet=”500″ box_shadow_horizontal_tablet=”0px” box_shadow_vertical_tablet=”0px” box_shadow_blur_tablet=”40px” box_shadow_spread_tablet=”0px” next_background_color=”#000000″ custom_padding_phone=”50px|0px|20px|0px”][et_pb_fullwidth_header admin_label=”TCJL 33rd Annual Meeting – Nov 6, 2019″ title=”TCJL 33rd Annual Meeting” subhead=”November 6, 2019″ text_orientation=”center” _builder_version=”4.0.6″ title_font=”|700|||||||” background_color=”#000000″ parallax=”on” max_width_tablet=”50px” custom_margin=”||0px|” custom_padding=”||20px|” z_index_tablet=”500″ custom_css_subtitle=”font-size: 160%;” title_text_shadow_horizontal_length_tablet=”0px” title_text_shadow_vertical_length_tablet=”0px” title_text_shadow_blur_strength_tablet=”1px” content_text_shadow_horizontal_length_tablet=”0px” content_text_shadow_vertical_length_tablet=”0px” content_text_shadow_blur_strength_tablet=”1px” subhead_text_shadow_horizontal_length_tablet=”0px” subhead_text_shadow_vertical_length_tablet=”0px” subhead_text_shadow_blur_strength_tablet=”1px” content_link_text_shadow_horizontal_length_tablet=”0px” content_link_text_shadow_vertical_length_tablet=”0px” content_link_text_shadow_blur_strength_tablet=”1px”
- [Construction Law & Risk Management Conference](https://tcjl.com/project/construction-law-risk-management-conference-2019/) - [et_pb_section bb_built=”1″ fullwidth=”on” custom_padding_last_edited=”on|phone” _builder_version=”4.0.6″ background_color=”#000000″ inner_width_tablet=”50px” inner_max_width_tablet=”100px” inner_max_width_phone=”50px” custom_padding_tablet=”50px|0px||0px” z_index_tablet=”500″ box_shadow_horizontal_tablet=”0px” box_shadow_vertical_tablet=”0px” box_shadow_blur_tablet=”40px” box_shadow_spread_tablet=”0px” next_background_color=”#000000″ custom_padding_phone=”50px|0px|20px|0px”][et_pb_fullwidth_header admin_label=”Construction Law & Risk Management Conference – Nov 6, 2019″ title=”Construction Law & Risk Management Conference” subhead=”November 6, 2019″ text_orientation=”center” _builder_version=”4.0.6″ title_font=”|700|||||||” background_color=”#000000″ parallax=”on” max_width_tablet=”50px” custom_margin=”||0px|” custom_padding=”||20px|” z_index_tablet=”500″ custom_css_subtitle=”font-size: 160%;” title_text_shadow_horizontal_length_tablet=”0px” title_text_shadow_vertical_length_tablet=”0px” title_text_shadow_blur_strength_tablet=”1px” content_text_shadow_horizontal_length_tablet=”0px” content_text_shadow_vertical_length_tablet=”0px” content_text_shadow_blur_strength_tablet=”1px” subhead_text_shadow_horizontal_length_tablet=”0px” subhead_text_shadow_vertical_length_tablet=”0px”
- [HB 2767 Bill Signing Ceremony](https://tcjl.com/project/hb2767-bill-signing-ceremony-2013/) - [et_pb_section bb_built=”1″ fullwidth=”on” custom_padding_last_edited=”on|phone” _builder_version=”4.0.6″ background_color=”#000000″ inner_width_tablet=”50px” inner_max_width_tablet=”100px” inner_max_width_phone=”50px” custom_padding_tablet=”50px|0px||0px” z_index_tablet=”500″ box_shadow_horizontal_tablet=”0px” box_shadow_vertical_tablet=”0px” box_shadow_blur_tablet=”40px” box_shadow_spread_tablet=”0px” next_background_color=”#000000″ custom_padding_phone=”50px|0px|20px|0px”][et_pb_fullwidth_header admin_label=”HB 2767 Bill Signing Ceremony” title=”HB 2767 Bill Signing Ceremony” text_orientation=”center” _builder_version=”4.0.6″ title_font=”|700|||||||” background_color=”#000000″ parallax=”on” max_width_tablet=”50px” custom_margin=”||0px|” custom_padding=”||20px|” z_index_tablet=”500″ custom_css_subtitle=”font-size: 160%;” title_text_shadow_horizontal_length_tablet=”0px” title_text_shadow_vertical_length_tablet=”0px” title_text_shadow_blur_strength_tablet=”1px” content_text_shadow_horizontal_length_tablet=”0px” content_text_shadow_vertical_length_tablet=”0px” content_text_shadow_blur_strength_tablet=”1px” subhead_text_shadow_horizontal_length_tablet=”0px” subhead_text_shadow_vertical_length_tablet=”0px” subhead_text_shadow_blur_strength_tablet=”1px” content_link_text_shadow_horizontal_length_tablet=”0px” content_link_text_shadow_vertical_length_tablet=”0px” content_link_text_shadow_blur_strength_tablet=”1px” content_ul_text_shadow_horizontal_length_tablet=”0px” content_ul_text_shadow_vertical_length_tablet=”0px” content_ul_text_shadow_blur_strength_tablet=”1px” content_ol_text_shadow_horizontal_length_tablet=”0px” content_ol_text_shadow_vertical_length_tablet=”0px”
- [Dawn Buckingham Reception 2016](https://tcjl.com/project/dawn-buckingham-reception-may-31-2016/) - [et_pb_section bb_built=”1″ fullwidth=”on” custom_padding_last_edited=”on|tablet” _builder_version=”4.0.6″ background_color=”#000000″ inner_width_tablet=”50px” inner_max_width_tablet=”100px” inner_max_width_phone=”50px” custom_padding_tablet=”50px|0px|0px|0px” z_index_tablet=”500″ box_shadow_horizontal_tablet=”0px” box_shadow_vertical_tablet=”0px” box_shadow_blur_tablet=”40px” box_shadow_spread_tablet=”0px” next_background_color=”#000000″ custom_padding_phone=”50px|0px|20px|0px” custom_margin_tablet=”||0px|” custom_margin_last_edited=”on|phone”][et_pb_fullwidth_header admin_label=”Dawn Buckingham Reception – May 31, 2016″ title=”Dawn Buckingham Reception” subhead=”May 31, 2016″ text_orientation=”center” _builder_version=”4.0.6″ title_font=”|700|||||||” background_color=”#000000″ parallax=”on” max_width_tablet=”50px” custom_margin=”||0px|” custom_padding=”||20px|” z_index_tablet=”500″ custom_css_subtitle=”font-size: 160%;” title_text_shadow_horizontal_length_tablet=”0px” title_text_shadow_vertical_length_tablet=”0px” title_text_shadow_blur_strength_tablet=”1px” content_text_shadow_horizontal_length_tablet=”0px” content_text_shadow_vertical_length_tablet=”0px” content_text_shadow_blur_strength_tablet=”1px” subhead_text_shadow_horizontal_length_tablet=”0px” subhead_text_shadow_vertical_length_tablet=”0px” subhead_text_shadow_blur_strength_tablet=”1px” content_link_text_shadow_horizontal_length_tablet=”0px” content_link_text_shadow_vertical_length_tablet=”0px” content_link_text_shadow_blur_strength_tablet=”1px”

## Galleries

- [TCJL Annual Meeting 2024](https://tcjl.com/bwg_gallery/tcjl-annual-meeting-2024/)
- [2023 Annual Meeting](https://tcjl.com/bwg_gallery/2023-annual-meeting/)
- [2012 TCJL PAC Luncheon](https://tcjl.com/bwg_gallery/2012-tcjl-pac-luncheon/)
- [2022 TCJL Annual Meeting](https://tcjl.com/bwg_gallery/2022-tcjl-annual-meeting/)
- [2019 Construction Law & Risk Management](https://tcjl.com/bwg_gallery/construction-law-risk-management/)
- [2016 Dawn Buckingham Reception](https://tcjl.com/bwg_gallery/dawn-buckingham-reception-2016/)
- [2013 HB 2767 Signing Ceremony](https://tcjl.com/bwg_gallery/hb-2767-signing-ceremony/)
- [2013 Freshman Members of Appropriation](https://tcjl.com/bwg_gallery/freshman-members-of-appropriation/)
- [2023 Fainter Award Ceremony](https://tcjl.com/bwg_gallery/fainter-award-ceremony/)
- [2019 TCJL Annual Meeting](https://tcjl.com/bwg_gallery/2019-tcjl-annual-meeting/)
- [2018 TCJL Annual Meeting](https://tcjl.com/bwg_gallery/2018-tcjl-annual-meeting/)
- [2018 Texas Judges Forum](https://tcjl.com/bwg_gallery/2018-texas-judges-forum/)
- [2017 Annual Meeting](https://tcjl.com/bwg_gallery/2017-annual-meeting/)
- [2016 TCJL Annual Meeting](https://tcjl.com/bwg_gallery/2016-tcjl-annual-meeting/)
- [2015 TCJL Annual Meeting](https://tcjl.com/bwg_gallery/2015-tcjl-annual-meeting/)
- [2014 TCJL Annual Meeting](https://tcjl.com/bwg_gallery/2014-tcjl-annual-meeting/)
- [2013 TCJL Annual Meeting](https://tcjl.com/bwg_gallery/2013-tcjl-annual-meeting/)
- [2013 Jack Dillard Reception](https://tcjl.com/bwg_gallery/2013-jack-dillard-reception/)
- [2012 TCJL Annual Meeting](https://tcjl.com/bwg_gallery/2012-tcjl-annual-meeting/)
- [2011 TCJL Annual Meeting](https://tcjl.com/bwg_gallery/2011-tcjl-annual-meeting/)

## Albums

- [TCJL Galleries](https://tcjl.com/bwg_album/tcjl-galleries/)

## Gallery tags

- [160531_Dawn_Buckingham_Fundraiser_Texas_Civil_Justice_League_TCJ](https://tcjl.com/bwg_tag/160531_dawn_buckingham_fundraiser_texas_civil_justice_league_tcj/)
- [151105_2015_TCJL_Annual_Meeting_Austin_Texas](https://tcjl.com/bwg_tag/151105_2015_tcjl_annual_meeting_austin_texas/)
- [Texas_Civil_Justice_League_2014_Annual_Meeting_Austin_Texas](https://tcjl.com/bwg_tag/texas_civil_justice_league_2014_annual_meeting_austin_texas/)
- [Freshmen_Members_of_Appropriation_130626_Austin_Texas](https://tcjl.com/bwg_tag/freshmen_members_of_appropriation_130626_austin_texas/)
- [2013_TCJL_Annual_Meeting_Austin_Texas](https://tcjl.com/bwg_tag/2013_tcjl_annual_meeting_austin_texas/)
- [Bull_Creek_District_Park_Laura_Austin_Texas_Portrait_Available_L](https://tcjl.com/bwg_tag/bull_creek_district_park_laura_austin_texas_portrait_available_l/)
- [San_Antonio_TCJL_PAC_Luncheon_9-17-12](https://tcjl.com/bwg_tag/san_antonio_tcjl_pac_luncheon_9-17-12/)
- [121110_TCJL_Annual_Meeting_2012_Austin_Texas_Civil_Justice_Leagu](https://tcjl.com/bwg_tag/121110_tcjl_annual_meeting_2012_austin_texas_civil_justice_leagu/)
- [2011_25th_Annual_TCJL_Meeting_Austin_Texas](https://tcjl.com/bwg_tag/2011_25th_annual_tcjl_meeting_austin_texas/)
- [Fainter Event 1-30-23](https://tcjl.com/bwg_tag/fainter-event-1-30-23/)

## Gallery Share

- [Image](https://tcjl.com/bwg_share/image/)

## Categories

- [Uncategorized](https://tcjl.com/category/uncategorized/)
- [Home](https://tcjl.com/category/home/)
- [info](https://tcjl.com/category/info/)
- [Courts](https://tcjl.com/category/courts/)

## Tags

- [alter ego](https://tcjl.com/tag/alter-ego/)
- [ammunition](https://tcjl.com/tag/ammunition/)
- [Asbestos](https://tcjl.com/tag/asbestos/)
- [ban firearms](https://tcjl.com/tag/ban-firearms/)
- [Bob Pemberton](https://tcjl.com/tag/bob-pemberton/)
- [BP](https://tcjl.com/tag/bp/)
- [business law](https://tcjl.com/tag/business-law/)
- [business liability](https://tcjl.com/tag/business-liability/)
- [chemical exposure](https://tcjl.com/tag/chemical-exposure/)
- [choice of law](https://tcjl.com/tag/choice-of-law/)
- [civil justice system](https://tcjl.com/tag/civil-justice-system/)
- [common carrier](https://tcjl.com/tag/common-carrier/)
- [common carrier pipelines](https://tcjl.com/tag/common-carrier-pipelines/)
- [contracts](https://tcjl.com/tag/contracts/)
- [corporate law](https://tcjl.com/tag/corporate-law/)
- [corporate veil](https://tcjl.com/tag/corporate-veil/)
- [corporations](https://tcjl.com/tag/corporations/)
- [damages](https://tcjl.com/tag/damages/)
- [Denbury](https://tcjl.com/tag/denbury/)
- [doctors](https://tcjl.com/tag/doctors/)
- [electric transmission](https://tcjl.com/tag/electric-transmission/)
- [eminent domain](https://tcjl.com/tag/eminent-domain/)
- [fiduciary duties](https://tcjl.com/tag/fiduciary-duties/)
- [firearms](https://tcjl.com/tag/firearms/)
- [fracking](https://tcjl.com/tag/fracking/)
- [gun control](https://tcjl.com/tag/gun-control/)
- [guns in the parking lot](https://tcjl.com/tag/guns-in-the-parking-lot/)
- [immigration](https://tcjl.com/tag/immigration/)
- [Jeff Rose](https://tcjl.com/tag/jeff-rose/)
- [Justice Dale Wainwright](https://tcjl.com/tag/justice-dale-wainwright/)
- [Justice Paul Green](https://tcjl.com/tag/justice-paul-green/)
- [limited liability companies](https://tcjl.com/tag/limited-liability-companies/)
- [mass torts](https://tcjl.com/tag/mass-torts/)
- [medical liability reform](https://tcjl.com/tag/medical-liability-reform/)
- [negligent hiring](https://tcjl.com/tag/negligent-hiring/)
- [NPR](https://tcjl.com/tag/npr/)
- [oil and gas](https://tcjl.com/tag/oil-and-gas/)
- [PACs](https://tcjl.com/tag/pacs/)
- [pharmaceuticals](https://tcjl.com/tag/pharmaceuticals/)
- [political contributions](https://tcjl.com/tag/political-contributions/)
- [product liability](https://tcjl.com/tag/product-liability/)
- [punitive damages](https://tcjl.com/tag/punitive-damages/)
- [Scott Field](https://tcjl.com/tag/scott-field/)
- [senator deull](https://tcjl.com/tag/senator-deull/)
- [suing physicians](https://tcjl.com/tag/suing-physicians/)
- [TCJL](https://tcjl.com/tag/tcjl/)
- [texas attorney general opinions](https://tcjl.com/tag/texas-attorney-general-opinions/)
- [Texas Civil Justice League](https://tcjl.com/tag/texas-civil-justice-league/)
- [Texas Legislature](https://tcjl.com/tag/texas-legislature/)
- [Texas Medical Association](https://tcjl.com/tag/texas-medical-association/)
- [Texas Supreme Court](https://tcjl.com/tag/texas-supreme-court/)
- [Third Court of Appeals](https://tcjl.com/tag/third-court-of-appeals/)
- [tort damages](https://tcjl.com/tag/tort-damages/)
- [tort liability](https://tcjl.com/tag/tort-liability/)
- [tort reform](https://tcjl.com/tag/tort-reform/)
- [trade secrets](https://tcjl.com/tag/trade-secrets/)
- [Transcanada Keystone Pipeline](https://tcjl.com/tag/transcanada-keystone-pipeline/)
- [TXOGA](https://tcjl.com/tag/txoga/)
- [United States Supreme Court](https://tcjl.com/tag/united-states-supreme-court/)
- [utility](https://tcjl.com/tag/utility/)
- [qui tam](https://tcjl.com/tag/qui-tam/)
- [false claims](https://tcjl.com/tag/false-claims/)
- [whistleblower](https://tcjl.com/tag/whistleblower/)
- [lawsuits](https://tcjl.com/tag/lawsuits/)
- [hot coffee](https://tcjl.com/tag/hot-coffee/)
- [remediation](https://tcjl.com/tag/remediation/)
- [contingency fees](https://tcjl.com/tag/contingency-fees/)
- [workers comp](https://tcjl.com/tag/workers-comp/)
- [TDI](https://tcjl.com/tag/tdi/)
- [willett](https://tcjl.com/tag/willett/)
- [85th](https://tcjl.com/tag/85th/)
- [session](https://tcjl.com/tag/session/)
- [governor](https://tcjl.com/tag/governor/)
- [2017](https://tcjl.com/tag/2017/)
- [special session](https://tcjl.com/tag/special-session/)
- [texas](https://tcjl.com/tag/texas/)
- [SB 1215](https://tcjl.com/tag/sb-1215/)
- [senate](https://tcjl.com/tag/senate/)
- [veto](https://tcjl.com/tag/veto/)
- [law](https://tcjl.com/tag/law/)
- [legislative](https://tcjl.com/tag/legislative/)
- [85th Session](https://tcjl.com/tag/85th-session/)
- [legislature](https://tcjl.com/tag/legislature/)
- [85th legislature](https://tcjl.com/tag/85th-legislature/)
- [special call](https://tcjl.com/tag/special-call/)
- [amicus](https://tcjl.com/tag/amicus/)
- [court of appeals](https://tcjl.com/tag/court-of-appeals/)
- [harvey](https://tcjl.com/tag/harvey/)
- [straus](https://tcjl.com/tag/straus/)
- [house](https://tcjl.com/tag/house/)
- [interim charges](https://tcjl.com/tag/interim-charges/)
- [speaker](https://tcjl.com/tag/speaker/)
- [abbott](https://tcjl.com/tag/abbott/)
- [staff](https://tcjl.com/tag/staff/)
- [government](https://tcjl.com/tag/government/)
- [Port](https://tcjl.com/tag/port/)
- [Houston](https://tcjl.com/tag/houston/)
- [Authority](https://tcjl.com/tag/authority/)
- [Harris County](https://tcjl.com/tag/harris-county/)
- [Zachry](https://tcjl.com/tag/zachry/)
- [construction](https://tcjl.com/tag/construction/)
- [legal](https://tcjl.com/tag/legal/)
- [case](https://tcjl.com/tag/case/)
- [sullivan](https://tcjl.com/tag/sullivan/)
- [commission](https://tcjl.com/tag/commission/)
- [commissioner](https://tcjl.com/tag/commissioner/)
- [insurance](https://tcjl.com/tag/insurance/)
- [patent](https://tcjl.com/tag/patent/)
- [troll](https://tcjl.com/tag/troll/)
- [litigation](https://tcjl.com/tag/litigation/)
- [courts](https://tcjl.com/tag/courts/)
- [federal](https://tcjl.com/tag/federal/)
- [decisions](https://tcjl.com/tag/decisions/)
- [lawsuit](https://tcjl.com/tag/lawsuit/)
- [atra](https://tcjl.com/tag/atra/)
- [tort](https://tcjl.com/tag/tort/)
- [reform](https://tcjl.com/tag/reform/)
- [association](https://tcjl.com/tag/association/)
- [fca](https://tcjl.com/tag/fca/)
- [verdict](https://tcjl.com/tag/verdict/)
- [false claims act](https://tcjl.com/tag/false-claims-act/)
- [lieutenant governor](https://tcjl.com/tag/lieutenant-governor/)
- [patrick](https://tcjl.com/tag/patrick/)
- [appointment](https://tcjl.com/tag/appointment/)
- [sunset](https://tcjl.com/tag/sunset/)
- [interim](https://tcjl.com/tag/interim/)
- [charges](https://tcjl.com/tag/charges/)
- [wave](https://tcjl.com/tag/wave/)
- [dan patrick](https://tcjl.com/tag/dan-patrick/)
- [joe straus](https://tcjl.com/tag/joe-straus/)
- [annual](https://tcjl.com/tag/annual/)
- [meeting](https://tcjl.com/tag/meeting/)
- [john sharp](https://tcjl.com/tag/john-sharp/)
- [jeff brown](https://tcjl.com/tag/jeff-brown/)
- [mike baselice](https://tcjl.com/tag/mike-baselice/)
- [luis saenz](https://tcjl.com/tag/luis-saenz/)
- [gop](https://tcjl.com/tag/gop/)
- [republican](https://tcjl.com/tag/republican/)
- [caucus](https://tcjl.com/tag/caucus/)
- [working group](https://tcjl.com/tag/working-group/)
- [election](https://tcjl.com/tag/election/)
- [changes](https://tcjl.com/tag/changes/)
- [blacklock](https://tcjl.com/tag/blacklock/)
- [supreme court](https://tcjl.com/tag/supreme-court/)
- [appointments](https://tcjl.com/tag/appointments/)
- [don willett](https://tcjl.com/tag/don-willett/)
- [jimmy blacklock](https://tcjl.com/tag/jimmy-blacklock/)
- [texas appellate courts](https://tcjl.com/tag/texas-appellate-courts/)
- [candidate](https://tcjl.com/tag/candidate/)
- [forum](https://tcjl.com/tag/forum/)
- [judicial](https://tcjl.com/tag/judicial/)
- [judicial candidates](https://tcjl.com/tag/judicial-candidates/)
- [candidate forum](https://tcjl.com/tag/candidate-forum/)
- [ethics](https://tcjl.com/tag/ethics/)
- [ethics commission](https://tcjl.com/tag/ethics-commission/)
- [randy erben](https://tcjl.com/tag/randy-erben/)
- [oldham](https://tcjl.com/tag/oldham/)
- [counsel](https://tcjl.com/tag/counsel/)
- [contract](https://tcjl.com/tag/contract/)
- [penalty](https://tcjl.com/tag/penalty/)
- [vaginal mesh](https://tcjl.com/tag/vaginal-mesh/)
- [implants](https://tcjl.com/tag/implants/)
- [arkansas](https://tcjl.com/tag/arkansas/)
- [Fifth Court of Appeals](https://tcjl.com/tag/fifth-court-of-appeals/)
- [cases](https://tcjl.com/tag/cases/)
- [mesothelioma](https://tcjl.com/tag/mesothelioma/)
- [goodyear](https://tcjl.com/tag/goodyear/)
- [worker's compensation](https://tcjl.com/tag/workers-compensation/)
- [negligence claims](https://tcjl.com/tag/negligence-claims/)
- [rudy delgado](https://tcjl.com/tag/rudy-delgado/)
- [93rd district court](https://tcjl.com/tag/93rd-district-court/)
- [13th court of appeals](https://tcjl.com/tag/13th-court-of-appeals/)
- [bribery charges](https://tcjl.com/tag/bribery-charges/)
- [2018 elections](https://tcjl.com/tag/2018-elections/)
- [private equity](https://tcjl.com/tag/private-equity/)
- [investments](https://tcjl.com/tag/investments/)
- [lawsuit finance](https://tcjl.com/tag/lawsuit-finance/)
- [litigation finance](https://tcjl.com/tag/litigation-finance/)
- [hedge fund](https://tcjl.com/tag/hedge-fund/)
- [legalist](https://tcjl.com/tag/legalist/)
- [mark white](https://tcjl.com/tag/mark-white/)
- [former](https://tcjl.com/tag/former/)
- [ralph sutton](https://tcjl.com/tag/ralph-sutton/)
- [validity finance](https://tcjl.com/tag/validity-finance/)
- [towerbrook](https://tcjl.com/tag/towerbrook/)
- [trial attorney](https://tcjl.com/tag/trial-attorney/)
- [kirkland](https://tcjl.com/tag/kirkland/)
- [ellis](https://tcjl.com/tag/ellis/)
- [laina miller](https://tcjl.com/tag/laina-miller/)
- [frederick lee](https://tcjl.com/tag/frederick-lee/)
- [kate boyd](https://tcjl.com/tag/kate-boyd/)
- [equity partners](https://tcjl.com/tag/equity-partners/)
- [legal funding](https://tcjl.com/tag/legal-funding/)
- [ladder capital](https://tcjl.com/tag/ladder-capital/)
- [unison site management](https://tcjl.com/tag/unison-site-management/)
- [hayfin](https://tcjl.com/tag/hayfin/)
- [general counsel](https://tcjl.com/tag/general-counsel/)
- [5th circuit](https://tcjl.com/tag/5th-circuit/)
- [rehnquist](https://tcjl.com/tag/rehnquist/)
- [justice](https://tcjl.com/tag/justice/)
- [northwestern](https://tcjl.com/tag/northwestern/)
- [sd 19](https://tcjl.com/tag/sd-19/)
- [gallego](https://tcjl.com/tag/gallego/)
- [flores](https://tcjl.com/tag/flores/)
- [special election](https://tcjl.com/tag/special-election/)
- [runoff](https://tcjl.com/tag/runoff/)
- [paxton](https://tcjl.com/tag/paxton/)
- [ag](https://tcjl.com/tag/ag/)
- [attorney general](https://tcjl.com/tag/attorney-general/)
- [voting rights](https://tcjl.com/tag/voting-rights/)
- [corpus christi](https://tcjl.com/tag/corpus-christi/)
- [appellate courts](https://tcjl.com/tag/appellate-courts/)
- [courts of appeals](https://tcjl.com/tag/courts-of-appeals/)
- [supreme courts](https://tcjl.com/tag/supreme-courts/)
- [court of criminal appeals](https://tcjl.com/tag/court-of-criminal-appeals/)
- [justice john bailey](https://tcjl.com/tag/justice-john-bailey/)
- [dallas morning news](https://tcjl.com/tag/dallas-morning-news/)
- [endorsement](https://tcjl.com/tag/endorsement/)
- [Place 6](https://tcjl.com/tag/place-6/)
- [general election](https://tcjl.com/tag/general-election/)
- [2018](https://tcjl.com/tag/2018/)
- [dusek](https://tcjl.com/tag/dusek/)
- [51st district court](https://tcjl.com/tag/51st-district-court/)
- [symes](https://tcjl.com/tag/symes/)
- [carmen](https://tcjl.com/tag/carmen/)
- [coke county](https://tcjl.com/tag/coke-county/)
- [irion county](https://tcjl.com/tag/irion-county/)
- [schleicher county](https://tcjl.com/tag/schleicher-county/)
- [sterling county](https://tcjl.com/tag/sterling-county/)
- [tom green county](https://tcjl.com/tag/tom-green-county/)
- [Texas Tech](https://tcjl.com/tag/texas-tech/)
- [chuy](https://tcjl.com/tag/chuy/)
- [hinojosa](https://tcjl.com/tag/hinojosa/)
- [sjr 25](https://tcjl.com/tag/sjr-25/)
- [qualifications](https://tcjl.com/tag/qualifications/)
- [neill](https://tcjl.com/tag/neill/)
- [appeals](https://tcjl.com/tag/appeals/)
- [stretcher](https://tcjl.com/tag/stretcher/)
- [midland](https://tcjl.com/tag/midland/)
- [east texas state](https://tcjl.com/tag/east-texas-state/)
- [hd145](https://tcjl.com/tag/hd145/)
- [145](https://tcjl.com/tag/145/)
- [noriega](https://tcjl.com/tag/noriega/)
- [morales](https://tcjl.com/tag/morales/)
- [alvarado](https://tcjl.com/tag/alvarado/)
- [funding](https://tcjl.com/tag/funding/)
- [litigation funding](https://tcjl.com/tag/litigation-funding/)
- [grassley](https://tcjl.com/tag/grassley/)
- [cornyn](https://tcjl.com/tag/cornyn/)
- [sasse](https://tcjl.com/tag/sasse/)
- [third-party](https://tcjl.com/tag/third-party/)
- [plaintiff](https://tcjl.com/tag/plaintiff/)
- [interest rate](https://tcjl.com/tag/interest-rate/)
- [lawsuit lending](https://tcjl.com/tag/lawsuit-lending/)
- [senator](https://tcjl.com/tag/senator/)
- [TPLF](https://tcjl.com/tag/tplf/)
- [lfta](https://tcjl.com/tag/lfta/)
- [brett busby](https://tcjl.com/tag/brett-busby/)
- [125](https://tcjl.com/tag/125/)
- [special election runoff](https://tcjl.com/tag/special-election-runoff/)
- [buckingham](https://tcjl.com/tag/buckingham/)
- [capriglione](https://tcjl.com/tag/capriglione/)
- [legislation](https://tcjl.com/tag/legislation/)
- [deceptivce](https://tcjl.com/tag/deceptivce/)
- [advertising](https://tcjl.com/tag/advertising/)
- [health](https://tcjl.com/tag/health/)
- [consumer](https://tcjl.com/tag/consumer/)
- [bundlers](https://tcjl.com/tag/bundlers/)
- [aggregators](https://tcjl.com/tag/aggregators/)
- [fda](https://tcjl.com/tag/fda/)
- [5th court of appeals](https://tcjl.com/tag/5th-court-of-appeals/)
- [rogers](https://tcjl.com/tag/rogers/)
- [SCOTX](https://tcjl.com/tag/scotx/)
- [civil](https://tcjl.com/tag/civil/)
- [firearm](https://tcjl.com/tag/firearm/)
- [LTGOV](https://tcjl.com/tag/ltgov/)
- [redistricting](https://tcjl.com/tag/redistricting/)
- [committee](https://tcjl.com/tag/committee/)
- [report](https://tcjl.com/tag/report/)
- [2019](https://tcjl.com/tag/2019/)
- [86th](https://tcjl.com/tag/86th/)
- [summary](https://tcjl.com/tag/summary/)
- [tijerina](https://tcjl.com/tag/tijerina/)
- [legislator](https://tcjl.com/tag/legislator/)
- [leach](https://tcjl.com/tag/leach/)
- [smithee](https://tcjl.com/tag/smithee/)
- [klick](https://tcjl.com/tag/klick/)
- [craddick](https://tcjl.com/tag/craddick/)
- [hughes](https://tcjl.com/tag/hughes/)
- [legislators of the year](https://tcjl.com/tag/legislators-of-the-year/)
- [28](https://tcjl.com/tag/28/)
- [fort bend](https://tcjl.com/tag/fort-bend/)
- [proclamations](https://tcjl.com/tag/proclamations/)
- [148](https://tcjl.com/tag/148/)
- [farrar](https://tcjl.com/tag/farrar/)
- [jane bland](https://tcjl.com/tag/jane-bland/)
- [bland](https://tcjl.com/tag/bland/)
- [house of representatives](https://tcjl.com/tag/house-of-representatives/)
- [mac](https://tcjl.com/tag/mac/)
- [thornberry](https://tcjl.com/tag/thornberry/)
- [mac thornberry](https://tcjl.com/tag/mac-thornberry/)
- [tx-13](https://tcjl.com/tag/tx-13/)
- [retirement](https://tcjl.com/tag/retirement/)
- [elections](https://tcjl.com/tag/elections/)
- [2020](https://tcjl.com/tag/2020/)
- [solar](https://tcjl.com/tag/solar/)
- [oxy](https://tcjl.com/tag/oxy/)
- [occidental](https://tcjl.com/tag/occidental/)
- [permian](https://tcjl.com/tag/permian/)
- [carbon](https://tcjl.com/tag/carbon/)
- [core solar](https://tcjl.com/tag/core-solar/)
- [oil](https://tcjl.com/tag/oil/)
- [gas](https://tcjl.com/tag/gas/)
- [460](https://tcjl.com/tag/460/)
- [district court](https://tcjl.com/tag/district-court/)
- [puryear](https://tcjl.com/tag/puryear/)
- [travis county](https://tcjl.com/tag/travis-county/)
- [williamson county](https://tcjl.com/tag/williamson-county/)
- [100](https://tcjl.com/tag/100/)
- [zerwas](https://tcjl.com/tag/zerwas/)
- [eric johnson](https://tcjl.com/tag/eric-johnson/)
- [johnson](https://tcjl.com/tag/johnson/)
- [toyota](https://tcjl.com/tag/toyota/)
- [database](https://tcjl.com/tag/database/)
- [infrastructure](https://tcjl.com/tag/infrastructure/)
- [dallas](https://tcjl.com/tag/dallas/)

## Project Categories

- [Gallery](https://tcjl.com/project_category/gallery/)
- [Annual Meeting](https://tcjl.com/project_category/annual-meeting/)

## Gallery Tags

- [Fainter Event 1-30-23](https://tcjl.com/bwg_tag/fainter-event-1-30-23/)
- [2011_25th_Annual_TCJL_Meeting_Austin_Texas](https://tcjl.com/bwg_tag/2011_25th_annual_tcjl_meeting_austin_texas/)
- [121110_TCJL_Annual_Meeting_2012_Austin_Texas_Civil_Justice_Leagu](https://tcjl.com/bwg_tag/121110_tcjl_annual_meeting_2012_austin_texas_civil_justice_leagu/)
- [San_Antonio_TCJL_PAC_Luncheon_9-17-12](https://tcjl.com/bwg_tag/san_antonio_tcjl_pac_luncheon_9-17-12/)
- [Bull_Creek_District_Park_Laura_Austin_Texas_Portrait_Available_L](https://tcjl.com/bwg_tag/bull_creek_district_park_laura_austin_texas_portrait_available_l/)
- [2013_TCJL_Annual_Meeting_Austin_Texas](https://tcjl.com/bwg_tag/2013_tcjl_annual_meeting_austin_texas/)
- [Freshmen_Members_of_Appropriation_130626_Austin_Texas](https://tcjl.com/bwg_tag/freshmen_members_of_appropriation_130626_austin_texas/)
- [Texas_Civil_Justice_League_2014_Annual_Meeting_Austin_Texas](https://tcjl.com/bwg_tag/texas_civil_justice_league_2014_annual_meeting_austin_texas/)
- [151105_2015_TCJL_Annual_Meeting_Austin_Texas](https://tcjl.com/bwg_tag/151105_2015_tcjl_annual_meeting_austin_texas/)
- [160531_Dawn_Buckingham_Fundraiser_Texas_Civil_Justice_League_TCJ](https://tcjl.com/bwg_tag/160531_dawn_buckingham_fundraiser_texas_civil_justice_league_tcj/)