Newsroom
Business Court Rules Limitation-of-Liability Provisions in Telecom Contract Inappliable to Tortious Interference, Defamation Claims
The Business Court [Houston Division] has denied AT&T’s motion for partial summary judgment with regard to a wireless provider’s claims for tortious interference with contract and defamation associated with the termination of the parties’ agreement. Fiberwave,...
Amarillo Court of Appeals Dismisses Inverses Condemnation Claim Against TXDOT
The Amarillo Court of Appeals has reversed a trial court order denying TxDOT’s plea to the jurisdiction in an inverse condemnation case brought by roadside convenience store. Texas Department of Transportation v. FamFive Holdings, LLC (No. 07-25-00113-CV; September...
Business Court Dismisses Veil-Piercing, Breach-of-Contract Claims Under Rule 91a
The Business Court [Eighth Division] has granted a Rule 91a motion to dismiss veil-piercing and breach-of-contract claims in a dispute between a California-based eyeware company and several Texas residents over a failed transaction purchase agreement. Lensabl, Inc....
Amarillo Court of Appeals Mandamuses Trial Court for Denying Defendant’s Designation of RPT in Dram Shop Case
The Amarillo Court of Appeals has granted a bar owner’s mandamus petition after the trial court denied its motion for leave to designate a responsible third party. In re Main Street Conference, LLC (No. 07-25-00267-CV; October 6, 2025) arose from a 2022 drunk...
SCOTX Reverses San Antonio Court of Appeals, Finds Trial Court Committed Harmful Error in Allowing Expert Witness, a Former Judge, to Instruct the Jury About the Law
The Texas Supreme Court has reversed the San Antonio Court of Appeals and remanded for new trial an heirship dispute turning on whether the deceased father had a common-law wife. In re the Estate of Guadalupe Lopez, Sr., Deceased (No. 24-0315) arose from a dispute...
TCJL Files Amicus Brief in Easement by Estoppel Case
TCJL has filed an amicus brief in a case argued before the Texas Supreme Court earlier this week. Boerschig v. Rio Grande Electric Cooperative, Inc. (24-0213) arose from a dispute between a property owner and an electric co-op over the validity of an easement...
San Antonio Court of Appeals Affirms TC Denial of TCPA Motion to Dismiss in Oil and Gas Dispute
The San Antonio Court of Appeals has affirmed a trial court’s denial of an oil and gas operator’s TCPA motion to dismiss an adjoining lease owner’s “failure-to-protect” claim. EOG Resources, Inc. v. CNH Enterprise Holdings, Ltd. (No. 04-24-00160-CV; September 30,...
El Paso Court of Appeals Grants Permissive Appeal, Rules That Res Judicata Does Not Bar Mineral Interest Owners Suit Against Producer
In a decision on a permissive appeal, the El Paso Court of Appeals has reversed a trial court summary judgment order determining that res judicata does not apply to a dispute over ownership of Loving County mineral interests. Ridgefield Permian Minerals, LLC and...
In Concurring Opinion, Justice Young Points To Conflict Between Houston Courts of Appeals on Evidentiary Status of Superseded Admissions
In an opinion concurring with the Texas Supreme Court’s denial of a city’s petition for review in a Tort Claims Act case, Justice Evan Young pointed out a conflict between the First and Fourteenth Court of Appeals that the Court will eventually need to address....
In Concurrence, Justice Busby Takes Issue With El Paso Court of Appeals Majority in Subsurface Trespass Case
In a case with significant ramifications for the oil and gas industry which we first reported last January, the Texas Supreme Court has denied review of a split El Paso Court of Appeals decision holding that a mineral lessee does not have standing to sue a pipeline...
Justice Gunn Advocates Change in Texas Law to Permit Appeal of Trial Court Order for New Trial in Bench Cases
Texas appellate courts have long permitted a party to seek mandamus relief if a trial court set aside a jury verdict and ordered a new trial. But they have also denied a party’s right to appeal a new trial order from a bench trial. This was the question before the...
Dallas Court of Appeals Rejects Appeal Based on Rule 306 (Definiteness of a Judgment) Insufficiency Argument
The Dallas Court of Appeals has affirmed summary judgment against a defendant in a breach of contract action who complained that the judgment insufficiently identified him as the liable party in violation of Texas Rule of Civil Procedure 306. Richard Panchasarp,...