Newsroom
SCOTX Reverses Dallas Court of Appeals for Second Time in Chapter 95 Case Against Homebuilder
In a case making its second appearance from the Dallas Court of Appeals, the Texas Supreme Court has for the second time reversed the court of appeals’ decision in a premises liability case. SCOTX had previously sent the case back for reconsideration in light of...
Corpus Christi Court of Appeals Holds That Claim Against Private Mental Health Facility for Leaving Minor Patient Asleep in Child-Locked Ban Not Subject to Chapter 74
Texas Laurel Ridge Hospital, L.P. d/b/a Laurel Ridge Treatment Center v. Belinda Mainor and Michael Mainor, Individually and as Next Friend of J.B., A Minor Child (No. 13-23-00036-CV; May 16, 2024) arose from an incident in which a minor child enrolled in a...
In Rare Rehearing, SCOTX Reverses Course in Wrongful Death Case Arising from Railroad Crossing Accident
Given how rarely the Texas Supreme Court grants motions for rehearing, its decision last December to reopen a wrongful death case struck us as very significant. As things turned out, it was—in more ways than one. The case, Angela Horton and Kevin Houser v. The...
Austin Court of Appeals Reverses TC Denial of Motion to Compel Arbitration in Dispute Between Elon Musk’s Boring Company and Contractor
The Austin Court of Appeals has sided with The Boring Company, an entity created by Elon Musk in 2017 to tackle urban traffic by digging tunnels for high-speed vehicles, in a dispute with a construction contractor in Bastrop County. TBC-The Boring Company v. 304...
Austin Court of Appeals Sides With the Texas Tribune, Reverses TC Denial of TCPA Motion to Dismiss
In a case arising from a news story involving the founder of a telemedicine business to expand his business by seeking contracts with local governments during the COVID-19 pandemic, the Austin Court of Appeals has reversed a trial court order denying the news...
SCOTX Overturns Austin Court of Appeals Decision Invalidating PUC’s Approval of ERCOT Emergency Wholesale Pricing Protocol
The Texas Supreme Court reversed an Austin Court of Appeals decision invalidating a PUC order setting market clearing prices at the maximum level in the event of an extreme weather event. RWE Renewables Americas, LLC and TX Hereford Wind, L.L.C. v. Public Utility...
SCOTX Holds That Business Organizations Code Does Not Limit Common Law Liability for Torts Committed by Corporate Officers or Agents
In a potentially important decision regarding the scope of the Business Organization Code’s limitation of individual liability for corporate shareholders or members of a limited liability company, the Texas Supreme Court has held that the statute does not limit an...
Austin Court of Appeals Affirms Forum Non Conveniens Dismissal in Wrongful Death Action
The Austin Court of Appeals has upheld a Bell County trial court order dismissing a wrongful death case on forum non conveniens grounds. Shirley McDonald v. Transco, Inc. and McLane Company, Inc. (No. 03-22-00689-CV; May 31, 2024) arose from a 2021 collision...
Applying Statutory Government Standards Defense, SCOTX Reverses Nuclear Verdict in Seatbelt Case
The presumption of nonliability for products manufactured to meet or exceed mandatory federal safety standards, § 82.008, CPRC, is one of the cornerstones of the 2003 tort reform effort. This provision has come under repeated attack in product liability litigation...
Beaumont Court of Appeals Upholds $50,000 in Attorney’s Fees in UIM Case With Total Damages of $115,000
Farmers Texas County Mutual Insurance Co. v. Floyd Barr (No. 09-22-00321-CV; May 23, 2024) arose from a declaratory judgment act claim against Farmers for UIM benefits. Plaintiff settled his personal injury claim with the other driver for $30,000, and Farmers paid...
SCOTX Sides With Railroad Commission Over General Land Office in Forced Pooling Case
In a case we first reported more than a year ago, the Texas Supreme Court has upheld a Houston [14th] Court of Appeals decision affirming the denial of an oil and gas producer’s applications to force pool its interest with an adjacent mineral owner. At that time,...
Split El Paso Court of Appeals Allows Non-Signatories to Invoke Arbitration Agreement in Workplace Injury Case
Vibra Rehabilitation Hospital of El Paso, LLC d/b/a Highlands Rehabilitation Hospital, Sabra Texas Holdings, L.P., and Diana Schulz v. Ramiro Illarramendi, Jr. (No. 08-23-00137-CV; May 17, 2024) arose from a workplace-injury claim. Plaintiff, a maintenance...