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Austin Court of Appeals Affirms TC Denial of Plaintiff’s TCPA Motion to Dismiss Claim for Sanctions
The Austin Court of Appeals has affirmed a trial court order denying Plaintiff’s TCPA motion to dismiss a motion for sanctions stemming from the filing of a lawsuit Plaintiff’s attorney allegedly knew was baseless. Armando Lorenzo v. Sandoval & James, PLLC;...
Did SCOTX Just Destabilize the Two-Year SOL in Chapter 74 Health Care Liability Actions?
by George Christian The Texas Supreme Court has reversed a Fort Worth Court of Appeals decision holding that a plaintiff’s claims against her counselor were time-barred under § 74.251(a), CPRC. Although the Court’s ruling appears to be a straightforward application...
SCOTX Reiterates That Nuisance Is Not a Cause of Action, Two-Year SOL Applies to Claims for Nuisance Injury to Property
by George Christian 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...
SCOTX Affirms Dallas Court of Appeals Reversal of $30 Million Judgment in Fraud Case
by George Christian The Texas Supreme has affirmed a Dallas Court of Appeals decision that overturned a $30 million judgment in a fraud case against a commercial landlord. Maya Walnut LLC f/k/a Maya Foods, Inc. v. Bryan Ly, Walnut Creek Center, Inc., Leng Chiv Ly,...
SCOTX Holds That Independent Contractors Cannot Use Necessary-Use Exception to Impose Liability on General Contractors, Landowners
by George Christian Reversing a decision by the San Antonio Court of Appeals with significant negative consequences for property owners and general contractors, the Texas Supreme Court has ruled for the first time that independent contractors may not recover in...
Dallas Court of Appeals Throws Out UM/UIM Claim Where Plaintiff Didn’t Submit Evidence That the At-Fault Driver Was Uninsured or Underinsured
The Dallas Court of Appeals has affirmed a summary judgment against a pro se plaintiff who failed to prove that his UM/UIM claim was based on the at-fault driver’s insurance status. Alvin Jones v. Progressive Insurance (No. 05-25-00231-CV; April 7, 2026) arose from...
Divided Dallas Court of Appeals Affirms TC Order Dismissing Plaintiffs’ Claims Under Rule 91a
A divided Dallas Court of Appeals has affirmed a trial court order dismissing claims against Morgan Stanley under Rule 91a. Collingwood USA, Inc. and Collingwood Brookshire USA, Inc. v. Morgan Stanley & Co., LLC (No. 05-24-00629-CV; April 10, 2026) arose from a...
Dallas Court of Appeals Affirms Disciplinary Action Against Plaintiff’s Lawyer
The Dallas Court of Appeals has affirmed a judgment disciplining a plaintiff’s lawyer for failing to communicate with his client. Jervan Steven Wiltz v. Commission for Lawyer Discipline (No. 05-25-00994-CV; April 14, 2026) stemmed from a grievance filed by a family...
Dallas Court of Appeals Reverses and Remands TC Denial of Landscape Architect’s Motion to Dismiss for Plaintiff’s Failure to File Certificate of Merit
The Dallas Court of Appeals has reversed a trial court order denying a landscape architect’s motion to dismiss Plaintiff’s wrongful death action based on Plaintiff’s failure to file a certificate of merit. LandDesign, Inc. v. Johnathan Postell, Individually and as...
Texarkana Court of Appeals Reverses Substantial Default Judgment in Property Damage Case
The Texarkana Court of Appeals has reversed a default judgment entered against a defendant whom the plaintiff failed to serve with an amended petition that added a more “onerous” cause of action. It further reversed damages, attorney’s fees, and sanctions awards...
Amarillo Court of Appeals Throws Out Suit Challenging Constitutionality of Requiring A License to Practice Law
The Amarillo Court of Appeals has held that a plaintiff who wanted to represent clients in probate court without bothering to obtain a law license does not have standing to sue state and local officials, challenging the constitutionality of that requirement. Levi...
El Paso Court of Appeals Dismisses Neighbors’ Claims Against Real Estate Developer for Negligent Nuisance on Ripeness Doctrine
The El Paso Court of Appeals has applied the ripeness doctrine to dismiss neighboring landowners’ suit against a real estate developer for negligent nuisance. Recreational Land Sales, LLC/James M. Allen, Charles Cedars, and Deborah Cedars v. James M.Allen, Charles...