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Dallas Court of Appeals Affirms Take-Nothing Judgment for Defendants in Wrongful Death Case
The Dallas Court of Appeals has upheld a trial court’s take-nothing judgment in a workplace fatality case in which the jury found that the decedent was 51% responsible for his injury. Maria de los Angeles Rodriguez, Individually and as the Administrator of the...
SCOTX Throws Out Candidate’s Suit to Compel RPT to Put Him on the Ballot
In a per curium opinion, SCOTX has rejected former Justice Steven Wayne Smith’s petition for writ of mandamus seeking placement on the Republican Party primary ballot, despite failing to satisfy the statutory petition requirement. In re Steve Smith (No. 25-1107;...
Fort Worth Court of Appeals Affirms TC Order Denying Chapter 74 Motion to Dismiss for Deficient Expert Report
Based on the health care providers’ failure to preserve their objections to the plaintiffs’ supplemental expert report, the Fort Worth Court of Appeals has had no choice but to affirm a trial court order denying the providers’ motion to dismiss Plaintiffs’ wrongful...
15th Court of Appeals Affirms TC Dismissal of Insured’s Suit Against TRS, Blue Cross Based on Sovereign Immunity
Regina Carson v. Blue Cross Blue Shield of Texas, Inc., et al. (No. 15-24-00108-CV; December 18, 2025) arose from a dispute between a public school teacher and Blue Cross, the administrator of her health insurance provided by her ISD under the TRS ActiveCare Plan....
Business Court Denies Defendants’ Motion to Remove for Untimeliness
Sun Metals Group, LLC v. Shuangcheng Yu, Mengling Sun, Sunmetals Products of America, LLC, and Sunmetals Products de Mexico, S.A. de C.V. (No. 25-BC01A-0050; 2025 Tex. Bus. 48; December 5, 2025) involved a plaintiff’s motion to remand and request for sanctions....
Business Court Grants Motion to Remove Case to Business Court Based on HB 40’s Lower Amount-in-Controversy Threshold
The Business Court denied the motion to remand filed by Plaintiff OWL AssetCo1, who challenged the jurisdiction of this Court after House Bill 40’s implementation. The Court concluded that the removal of this case was proper under Subsection 25A.006(f) of the Texas...
Eastland Court of Appeals Affirms Summary Judgment for Producer in Royalty Dispute
The Eastland Court of Appeals has affirmed a judgment in favor of the producer in a royalty dispute with a family group of property owners in Midland County. Evans Resources, L.P.; Evans I, Ltd.; Evans I Development, Ltd.; Michael Scott Evans and Rose Elaine Evans...
Houston [14th] Court of Appeals Reverses TC Denial of Maritime Transportation Company’s Special Appearance in Personal Injury Case
The Houston [14th] Court of Appeals has dismissed a plaintiff’s personal injury claims against a maritime transportation company for lack of personal jurisdiction. Odyssea Phoenix, LLC v. Howard Wilcox-Carleton (No. 14-24-00622-CV; November 4, 2025) arose when...
Austin Court of Appeals Affirms Trial Court Ruling Directing Claimant to Pay Attorney’s Fees Out of Workers’ Compensation Recovery
The Austin Court of Appeals has upheld a trial court order requiring the employee in a workers’ compensation case to pay his lawyer’s fees out his recovery of certain supplemental income benefits. Law Offices of Miller & Bicklein, PC and Daniel Miramontes v....
SCOTUS Decision in Mallory Has No Effect on Texas Foreign Entity Registration Statute
A 2023 U.S. Supreme Court decision has become a flashpoint in the State of Texas’ litigation against the manufacturer of Tylenol. That decision, which held that a Pennsylvania statute requiring a foreign entity to consent to the general jurisdiction of Pennsylvania...
Tyler Court of Appeals Affirms $450,000 Judgment Against Grocery Chain in Slip-and-Fall Case
The Tyler Court of Appeals has upheld a $450,000 judgment against an East Texas grocery store chain because it did not preserve for appeal the issue of Plaintiff’s capacity to sue for past medical expenses. Brookshire Grocery Company v. Frankie York (No....
SCOTX Rules That Statutory Affirmative Defense for Highway Contractors Does Not Require Contractual Privity with TxDOT
In a case we first reported last April, the Texas Supreme Court has reversed a Houston [14th] Court of Appeals holding that § 97.002, CPRC, which protects a road contractor from liability if the contractor performs the work in substantial compliance with TxDOT’s...