Newsroom
Corpus Christi Court of Appeals Reverses TC Grant of Landowners’ Bill of Review in Inverse Condemnation Case
Plaintiffs own property within the city, which owns and operates a leaky underground water pipe running through the property that has repeatedly flooded it, despite the city’s efforts to repair the pipe. Plaintiffs sued the city, asserting claims of inverse...
TCJL Files Brief in Fifth Circuit Question to SCOTX Regarding Attorney’s Fees Under 2017 Hailstorm Legislation
On July 12 the U.S. Court of Appeals for the Fifth Circuit requested the Texas Supreme Court to weigh in on the effect of the Texas Legislature’s 2017 amendments to the Texas Prompt Payment of Claims Act, Chapter 542A, Insurance Code. The amendments responded to...
SCOTX Grants Review in Railroad Accident Wrongful Death Case
On September 1 the Texas Supreme Court granted review of a San Antonio Court of Appeals decision reversing a summary judgment in favor of the railroad company in a wrongful death claim. Lonestar Resources, Inc., Ezra Alderman Ranches, Inc., and Union Pacific...
SCOTX Will Review Constitutional Challenge to Public Adjuster Law (Chapter 4102, Insurance Code)
In the wake of a series of 2003 hailstorms that resulted in a huge spike in roof claims (not to mention litigation against insurers), the Texas Legislature passed a bill requiring licensing of public adjusters and prohibiting roofing contractors from adjusting...
SCOTX Grants Review in $13 Million Oil-and-Gas Lease Dispute
The Texas Supreme Court has agreed to review a Beaumont Court of Appeals decision upholding a $13.1 million judgment in favor of lessors of oil-and-gas leases in Hardin and Jefferson Counties. Samson Exploration, LLC v. Joe A. Bordages Jr., et al. (No. 22-0215;...
SCOTX Finds No Abuse of Discretion in Trial Court Decision to Allow Defense Witness Testimony in Death Case
Overturning a split panel of the Houston [14th] Court of Appeals, the Texas Supreme Court has restored a trial court’s denial of plaintiff’s motion to exclude the testimony of a defense witness under Texas Rule of Civil Procedure 193.6(a). That rule prohibits “a...
SCOTX Reverses and Remands to Waco Court of Appeals on Arbitrability Issue
In a per curiam opinion, the Texas Supreme Court has directed the Waco Court of Appeals to reconsider a decision affirming a trial court order denying a motion to compel arbitration. Alliance Auto Auction of Dallas, Inc. v. Lone Star Cleburne Autoplex, Inc. (No....
SCOTX Issues Emergency Stay of Trial Court’s Net-Worth Order
In re Waukesha-Pearce Industries, LLC (No. 23-0070; stay issued August 29, 2023) arose from a wrongful death and personal injury action stemming from a three-vehicle collision. Plaintiffs requested, and after argument and hearing the trial court granted, discovery...
Fort Worth Court of Appeals Reverses TCPA Dismissal in Dispute Between Investment Firms
The Fort Worth Court of Appeals has reversed a trial court order dismissing an investment firm’s defamation and business disparagement lawsuit against one of its brethren. Nexpoint Advisors, L.P. v. United Development Funding IV and Mike Wilson (No. 02-22-00427-CV;...
Fort Worth Court of Appeals Reverses Summary Judgment in Trucking Accident Case
Plaintiff brought suit against the driver and owner of a commercial vehicle for personal injuries suffered in an accident. Defendants answered with a general denial and asserted affirmative defenses, including release. As they pointed out in their motion for...
Austin Court of Appeals Reverses Course, Overturns TCPA Dismissal of Legal Malpractice Claim
On motion for rehearing, the Austin Court of Appeals has withdrawn its previous opinion and judgment and substituted a new opinion in a legal malpractice action that the trial court dismissed under the Texas Citizen Participation Act. In 2014 plaintiff started a...
SCOTX Sets Nuclear Verdict Product Liability Case for Oral Argument
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...