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Business Court Grants Special Appearance to California Resident Who Acted as Defendants’ Agent in Disputed Texas Deal
The Business Court has dismissed a non-resident individual from a Texas business dispute for lack of personal jurisdiction, CWK Management, Inc., for itself and derivatively on behalf of CWKCWE Management, LLC; and Vincent Carfora v. Deno Maggi; Terrall Hill; Bill...
Business Court Throws Out Fraud Claims in Suit Between AT&T and Service Provider, But Sends Contract Claims to Jury Trial
The Business Court has dismissed competing fraud claims in a dispute between AT&T and a former service provider over the termination of a lucrative alliance over “kickbacks” allegedly paid by the provider to AT&T employees. Fiberwave, Inc., f/k/a Spearhead...
Dallas Court of Appeals Affirms Defense Summary Judgment in Fraudulent Lien Case
The Dallas Court of Appeals has affirmed a trial court order granting summery judgment to a concrete supplier who allegedly filed a fraudulent lien against a builder. EarnhartBuilt, LLC v. Preferred Materials, LLC, Procore Technologies, Inc., Express Lien, Inc....
El Paso Court of Appeals Affirms TC Denial of Chapter 74 Motion to Dismiss Nursing Home Claim
The El Paso Court of Appeals has affirmed a trial court order denying § 74.351, CPRC, motions to dismiss health care liability claims against a nursing home and two other entities alleged to have vicarious liability. El Paso V Enterprises, L.L.C., d/b/a Pebble...
Business Court Applies Judicial Immunity to Dismiss Receiver from Post-Divorce Dispute Over Sale of Community Property But Doesn’t Extend Immunity to Entities Created by Receiver to Conduct Sale
The Business Court has granted the Rule 91a motion of a court-assigned receiver who allegedly committed dishonest and fraudulent acts in conducting the sale of community property under a divorce decree on the basis of judicial immunity. Two entities created by the...
Divided Houston [1st] Court of Appeals Reverses TC Denial of Motion to Compel in Dispute Over Interment in Wrong Burial Plot
The Houston [1st] Court of Appeals has revered a trial court order denying a cemetery’s motion to compel arbitration in a dispute with a family over an interment in the wrong burial plot. SCI Texas Funeral Services, LLC d/b/a Memorial Park and DM Affinity, Inc....
Divided Houston [1st] Court of Appeals Reverses TC Denial of Law Firm’s Motion to Compel Arbitration Where Four Years Elapsed While TCPA Motion to Dismiss Was Resolved
Over a dissent, the Houston [1st] Court of Appeals has held that a law firm did not waive its right to arbitration in a dispute with former clients although four years elapsed between its initial motion to compel and a renewal of the motion after the court of...
Governor Abbott Reappoints Ten Judges To Texas Business Court
Governor Greg Abbott today reappointed all ten judges of the Texas Business Court Divisions to new two-year terms beginning September 1, 2026. “Businesses choose Texas in record numbers because Texas delivers results,” said Governor Abbott. “The Texas Business...
Houston [1st] Court of Appeals Upholds Disbarment of Attorney
The Houston [1st] Court of Appeals has affirmed a trial court judgment disbarring a Houston-area attorney for a long list of disciplinary violations. Diogu Kalu Diogu, II v. Commission for Lawyer Discipline (No. 01-24-00303-CV; April 30, 2026) arose from a 2021...
Dan Patrick Releases Additional New Legislative Interim Charges
Lt. Governor Dan Patrick has released new additional legislative charges for the 2027 legislative session.
Austin Court of Appeals Affirms TC Denial of Motion to Compel Arbitration in Dispute Between Free-Standing Emergency Room and Third-Party Administrators
The Austin Court of Appeals has affirmed a trial court order denying a motion to compel arbitration by non-signatories to hospital company agreements under a direct-benefit benefits estoppel theory. Nutex Health Inc.; Nutex Health, LLC; and Tyvan, LLC v. Kyle ER,...
Amarillo Court of Appeals Affirms Summary Judgment for Nursing Home in Slip and Fall Case
The Amarillo Court of Appeals has affirmed a trial court order granting summary judgment to a nursing home in a slip-and-fall case. Patricia King v. ER OPCO Craig, LLC d/b/a The Craig Senior Living (No. 07-25-00094-CV; March 3, 2026) arose from a personal injury...