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Beaumont Court of Appeals Rejects Class Certification of Equitable Claims Against Insurer
The Beaumont Court of Appeals has held that a Jefferson County district court abused its discretion when it certified a class of equitable claims involving life insurance policies. In American General Life Insurance Company v. Anna Dickson, Individually and On...
Hearing Notice: Texas House Committee on Judiciary & Civil Jurisprudence, August 23, 2022
HOUSE OF REPRESENTATIVES NOTICE OF PUBLIC HEARING COMMITTEE: Judiciary & Civil Jurisprudence TIME & DATE: 9:00 AM, Tuesday, August 23, 2022 PLACE: E2.016 CHAIR: Rep. Jeff Leach The Committee will meet to consider and hear invited testimony only on the...
Austin Court of Appeals Upholds Summary Judgment in Favor of Appraisal Districts in Heavy Equipment Inventory Cases
In a pair of lawsuits brought by a gas compressor leasing company against appraisal districts in Irion and Sterling Counties, the Austin Court of Appeals has affirmed a trial court’s summary judgment dismissal of the company’s attempt to compel correction of the...
Governor Abbott Appoints Nelson As Commissioner Of Workers’ Compensation
Governor Greg Abbott has appointed Jeff Nelson as the Commissioner of Workers' Compensation at the Texas Department of Insurance (TDI) for a term set to expire on February 1, 2023. TDI's Division of Workers' Compensation regulates the workers' compensation system...
Dallas Court of Appeals Reverses Summary Judgment for Health Care Provider*
An en banc Dallas Court of Appeals has reversed a summary judgment in favor of the provider in a Chapter 74 health care liability claim. Gary Lee Maypole, Sr., Individually and as Personal Representative of the Estate of Gary Lew Maypole, Jr., Deceased, and Tamara...
SCOTX Reverses Dallas Court of Appeals Decision Dismissing Interlocutory Appeal of Denial of Special Appearance as Moot
In a case that reflects the continuing development of the Texas Supreme Court’s jurisprudence in favor of preserving appellate rights, the Court has ruled that a court of appeals must consider a previously perfected appeal as to the issues raised in that appeal,...
Could California Lawsuit Be a Template for Texas in the Post-Dobbs Era?*
A California federal lawsuit attracting national attention could arguably become a template for anti-abortion groups seeking to hold civilly and criminally liable Texas businesses that provide health care benefits for employees seeking medical care across state...
Proposed “Model” Law Incorporates and Expands SB 8 Cause of Action*
An Indiana-based law firm representing the National Right to Life Committee (NRLC) is proposing a model state statute that expands criminal and civil liability for aiding and abetting an abortion. The proposal would create a vast litigation industry aimed primarily...
Corpus Christi Court of Appeals Decides Important Tort Claims Act Case
In a thorough analysis of the Texas Tort Claims Act’s waiver of sovereign immunity, the Corpus Christi Court of Appeals has reversed a trial court’s denial of a city’s plea to jurisdiction in a personal injury lawsuit. The case, City of Brownsville v. Daniel...
San Antonio Court of Appeals Rules Against State in School District Vaccine Mandate Case
Joining its sister courts in Dallas and Austin, the San Antonio Court of Appeals has affirmed a trial court’s denial of the State’s request for a temporary injunction barring enforcement of the San Antonio Independent School District’s employee COVID-19 vaccine...
SCOTX Delivers Split Decision in Dispute Between Owner and Contractor
Over two dissenting opinions, the Texas Supreme Court has reversed a Fourteenth [Houston] Court of Appeals decision affirming a judgment (including attorney’s fees) obtained by an owner against a contractor in a breach of contract dispute. At the same time, the...
SCOTX Denies Review in TCPA Case Involving Environmental Contamination
The Texas Supreme Court has declined to review a decision of the Houston [1st] Court of Appeals holding that the Texas Citizens Participation Act (Chapter 27, CPRC) does not apply to plaintiffs’ suit against a railroad for personal injury claims based on the...