Newsroom
Dallas Court of Appeals Affirms TC Summary Judgment for Insurers in Manufacturer’s Action for Policy Benefits Arising from Pipe Rupture at Wafer Fab Facility
The Dallas Court of Appeals has affirmed a trial court order granting summery judgment to a group of insurers that issued all-risk policies with certain exclusions to Texas Instruments. Texas Instruments Incorporated v. Great Lakes Insurance SE, SCOR (UK) Co....
Dallas Court of Appeals Reverses Plaintiff ‘s Verdict in Health Care Liability Case, Tosses $300,000 Award of Economic and Noneconomic Damages
The Dallas Court of Appeals has reversed a judgment rendered on a jury verdict awarding a plaintiff $300,000 in damages in her lawsuit against an ophthalmologist. Robert E. Torti, M.D., P.A. d/b/a Retina Specialists & Henry Choi, M.D. v. Rachel Martinez (No....
Houston [14th] Court of Appeals Enforces Arbitration Agreement in Dispute Between Energy Company and BakerBotts
The Houston [14th] Court of Appeals has affirmed a trial court order denying an energy company’s motion to vacate an arbitration award in favor of its former law firm. EQT Corporation, EQT Production Company, and EQT Energy, LLC v. Baker Botts, LLP and Scott Looper...
Houston [14th] Court of Appeals Affirms TC Denial of City of Houston’s MSJ Under Tort Claims Act
The Houston [14th] Court of Appeals has affirmed a trial court order denying the City of Houston’s motion for summary judgment, holding that USAA presented sufficient evidence to raise a fact issue concerning whether the city had actual notice of a tort claim. City...
Houston [14th] Court of Appeals Reverses TC Summary Judgment, Holds That Indemnity Provision Was Not Enforceable Against a Contractor
The Houson [14th] Court of Appeals has ruled that an indemnity provision contained in a document incorporated by reference into an agreement between a railroad and a contractor was not enforceable because the provision was not conspicuous and didn’t satisfy the...
Business Court Issues Split Decision in Contractor’s Suit Against Its Former Employee and Brown & Root in Trade Secrets Case
The Business Court has granted Brown & Root’s motion for summary judgment based on claim preclusion but denied that of Plaintiffs’ former employee, who was a nonparty in a prior suit in Chambers County district court. CAM Industrial Solutions LLC; CAM Plant...
Business Court Dismisses Plaintiffs’ Conversion Claim Under Rule 91a in Dispute Between Investors in a Brewery
The Business Court has granted Defendants’ Rule 91a motion to dismiss Plaintiffs’ conversion claim based on a restructuring of LLC members’ interests in a Houston brewery. Duncan C. Carrington and Zachary Hiller v. Aaron Corsi, Ryan Soroka, Seaan M. Rosenbaum;...
We Ask Again: Why is the 15th Court of Appeals Deciding a Health Care Liability Dispute Between Private Parties?
A while back we expressed some puzzlement about why the statewide 15th Court of Appeals was receiving cases outside of its statutory mandate by way of docket equalization. Yesterday, for example, the court issued an opinion in a health care liability action brought...
Business Court Sends Louisiana Antitrust Claim to Louisiana, But Denies Rule 91a Motion to Dismiss Louisiana DTPA Claims
The Business Court has dismissed a Louisiana entity’s claim that Texas defendants violated Louisiana antitrust law in connection with a clean hydrogen development deal. The entity’s claim that they likewise violated Louisiana’s DTPA, however, are staying put for...
Business Court Denies Defendant’s Plea to the Jurisdiction and Plea in Abatement in Corporate Dissolution Case Involving San Antonio Auto Dealership Giant
The Business Court has denied a defendant’s attempt to escape the jurisdiction of the Business Court in an action for dissolution and winding up of several entities that own and operate numerous automobile dealerships in San Antonio and elsewhere. Abigail G....
Business Court Rules That Promissory Note Not a Security under the Texas Securities Act
The Business Court has granted partial summary judgment to a defendant who argued that a promissory note was not a security as defined by the Texas Securities Act. Jean Christine Thompson and Thompson Petroleum Corporation v. Anchor Capital GP LLC and Michael Mann...
Business Court Denies Motion to Remand Dispute Between Owners of Freestanding Emergency Facility
The Business Court has denied a motion to remand a case arising out of an alleged diversion of a business opportunity committed by members of an LLC that owned a freestanding emergency medical facility in Galveston County. South Shore ER, LLC and Suchmor Thomas,...