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Houston [14th] Court of Appeals Allows Property Owners to Proceed Against River Authority on Statutory Takings Claims
The legal ramifications of Hurricane Harvey continue to percolate through the courts. In San Jacinto River Auth. v. Brocker, et al., (No. 14-18-00517-CV), property owners sued SJRA when their houses were flooded by a release of water from Lake Conroe dam. They...
San Antonio Court of Appeals Reverses Grant of Rule 91 Motion to Dismiss
It has been 10 years since the Legislature, as part of the “loser pays” legislation championed by former Governor Rick Perry, directed the Texas Supreme Court to adopt a rule authorizing a trial court to dismiss a cause of action that has no basis in law or fact....
Dallas Court of Appeals Declines to Recognize Private Cause of Action under Insurance Code
In a pair of decisions involving the same health insurer, the Dallas Court of Appeals has ruled that neither the Texas Insurance Code nor the Texas Administrative Code create an implied cause of action for out-of-network health care providers against an HMO or...
San Antonio Court of Appeals Upholds Arbitration in Sexual Misconduct Case
In an opinion by Justice Patricia Alvarez, the Fourth Court of Appeals has affirmed a trial court’s confirmation of an arbitration award in favor of an employer in a sexual misconduct action filed by an employee. In Guerra v. Garza (No. 04-20-00315-CV), an employee...
Dallas Court of Appeals Struggles with Trial Court’s Adjudgment of Costs Under Rule 131, TRCP
Rule 131, Texas Rules of Civil Procedure (TRCP), provides that “the successful party to a suit shall recover of his adversary all costs incurred, therein, except where otherwise provided.” Rule 141 appears to provide otherwise, authorizing the court, “for good...
First Court of Appeals Rules on Procedural Unconscionability of Employee Benefits Agreement Requiring Arbitration
Once again an intermediate appellate court has been called upon to enforce an arbitration agreement set aside by a trial court. In HEB, LP d/b/a Joe V’s Smart Shop v. Saenz (No. 01-20-00850-CV), an employee of HEB was injured when a forklift struck her. She sued...
State Bar Adopts Policy Changes to Comply with U.S. 5th Circuit Decision
In response to the U.S. 5th Circuit Court of Appeals’ ruling in McDonald v. Longley, 4 F.4th 229 (5th Cir. 2021), the State Bar of Texas has adopted numerous changes to its rules and policies. Brought by three attorneys in 2016, the lawsuit challenged the...
State Bar of Texas Board of Directors Certifies Candidates for Next President
The Board of Directors of the State Bar of Texas has certified two candidates for the April 2022 ballot for 2022-23 State Bar President-Elect. Both candidates have been active in the Bar and in the profession for many years. Additional candidates, if any,...
Settlement Averts SCOTX Consideration of Trial Court Setting Remote Jury Trial Over Objection of the Parties
On Monday, November 1 a remote jury trial was scheduled to commence in a Travis County district court. The case arose from a 2018 apartment fire in San Marcos in which five people died and many others injured. The plaintiffs (14 in all) sued 12 defendants for...
Governor Abbott Appoints Caughey to Texas Judicial Council
Governor Greg Abbott has appointed Jennifer Caughey to the Texas Judicial Council for a term set to expire on June 30, 2027. The council studies the court system in Texas and looks for methods to improve while also investigating and reporting on matters referred to...
Fourteenth Court of Appeals Splits on Mental Anguish Damages in Fraudulent Lien Case
In a case that might not otherwise be of general interest to most TCJL members, the Fourteenth Court of Appeals majority and dissenting opinions in Nationstar Mortgage LLC; HSBC Bank USA, N.A.; Bank of America, N.A.; and Fidelity National Title Insurance Company v....
Fort Worth Court of Appeals Overturns Trial Court Refusal to Compel Arbitration in Landlord-Tenant Dispute
We have previously speculated that the pandemic’s impact on landlord-tenant relations may produce a spike in litigation reaching the appellate level. One case in point is Mid-America Apartments, L.P. d/b/a Colonial Village at Willow Creek Apartments v. Travis...