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SCOTX Denies Mandamus in Case Pitting Powerhouse Appellate Firms
In a case pitting appellate firms who are frequent flyers at the Texas Supreme Court, the Court has denied several defendants’ petition for writ of mandamus that claimed a series of procedural abuses by the trial court in a personal injury action. In re C&J...
SCOTX Grants Review of Dallas Court of Appeals Decision Involving Texas Dram Shop Act
The Texas Supreme Court has granted a restaurant’s petition for review of a Dallas Court of Appeals’ decision reversing a summary judgment in its favor. Raoger Corporation d/b/a Cadot Restaurant v. Barrie Myers (No. 05-21-00988-CV; No. 23-0662; granted September...
Governor Abbott Appoints Gunn To First Court Of Appeals
Governor Greg Abbott has appointed longtime appellate lawyer David Gunn to the First Court of Appeals, Place 4, for a term set to expire on December 31, 2026. Gunn replaces Justice April Farris, whom the Governor appointed to the new statewide 15th Court of...
SCOTX Agrees to Hear Chapter 74 Case Involving Pit Bull Attack at Restaurant
In a somewhat unusual case, the Texas Supreme Court has granted a physician’s petition for review of a Houston [1st] Court of Appeals determination that a claim against the physician based on the physician's letter regarding the suitability of a pit bull as a...
Houston [1st] Court of Appeals Enforces Arbitration Agreement in Dispute Over Agreement to Settle Employee’s Sexual Assault Claim
The Houston [1st] Court of Appeals has affirmed a trial court order compelling arbitration of an employee’s claim that her employer breached an agreement settling the employee’s claims involving a sexual assault by another employee. Jane Doe v. Occidental Petroleum...
Houston [1st] Court of Appeals Affirms TC Denial of Motion to Arbitrate in Case Involving Online Loan Application
Over an unfiled dissent, the Houston [1st] Court of Appeals has affirmed a trial court denial of a motion to arbitrate a dispute over a loan agreement where an online loan application contained an arbitration clause. Discovery Bank v. Marcus Miller (No....
Houston [1st] Court of Appeals Rules TCPA Inapplicable to Breach of Fiduciary Duty Claim Against Law Firm
The Houston [1st] Court of Appeals has reversed a trial court ruling dismissing an oil and gas producer’s breach of fiduciary duty lawsuit against a prominent Houston law firm. Stephen H. Dernick and David D. Dernick v. Foley & Lardner LLP, successor- in -...
SCOTX Mandamuses Trial Court That Compelled a Defendant to Produce Self-Incriminating Discovery in Violation of Fifth Amendment
The Texas Supreme Court has ordered a trial court to vacate parts of an order granting a motion to compel a defendant’s response to interrogatories that would incriminate him in a separate criminal prosecution. In re Taylor Brock Peters (No. 23-0611; October 4,...
SCOTX Remands Case to Trial Court That Refused to Consider Responses to Summary Judgment Motions Filed a Day Late
The Texas Supreme Court has held that a trial court abused its discretion when it denied a motion to file a response to a summary judgment tendered one day late where the attorney submitted an affidavit stating that a calendaring error caused the late filing....
TCJL, US Chamber Institute for Legal Reform, Lawyers for Civil Justice Respond to TPLF Opposition
September 25, 2024 TCJL, ILR and LCJ filed a letter with Judge Harvey Brown in response to the opposition letter by Hance Scarborough, representing the International Legal Finance Association ("ILFA"). See a comprehensive collection of TPLF documents on the TPLF...
SCOTX Agrees to Hear TCPA Case Involving Motion for Discovery Sanctions
The Texas Supreme Court will hear a case raising the issue of whether a motion for discovery sanctions alleging that defendants improperly withheld certain evidence constitutes a “legal action” to which the Texas Citizens Participation Act (Ch. 27, CPRC) applies....
SCOTX Accepts Certified Question in Religious Freedom Case
The Texas Supreme Court has accepted a certified question from the U.S. Fifth Circuit Court of Appeals calling for an interpretation of Article I, § 6-a, Texas Constitution, the “religious-service-protections” clause. Gary Perez; Matilde Torres v. City of San...