Newsroom
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...
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...
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...
Divided Austin Court of Appeals Reverses TC Summary Judgment Severing Plaintiff’s Vicarious Liability Claim Against Driver’s 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;...
In Case of First Impression, Houston [14th] Court of Appeals Reverses Asbestos MDL Court’s 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...
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...
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...
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...
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,...
Dallas Court of Appeals Reverses County Court At Law Dismissal of Landlord’s 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...
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....
Houston [14th] Court of Appeals Mandamuses TC for Granting Plaintiff’s 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...