Newsroom
Texarkana Court of Appeals Declines to Create New Duty Requiring Rural Landowners to Inspect Land for Risk of Falling Trees
The Texarkana Court of Appeals has rejected an invitation to impose on rural landowners a duty to inspect trees that may fall on an adjacent public roadway and cause injury to a passing motorist. Katherine Toole Bell, Individually, and Katherine Toole Bell On...
Houston [14th] Court of Appeals Reverses TC Dismissal of Chapter 74 Health Care Liability Claim
Michael Todd Kosar, Individually and as Independent Administrator for the Estate of Betty Kosar, Deceased; Cristianos G. Lopez; Genevieve R. Lopez; and Sebastian Rodriguez v. KPA-Consolidation, d/b/a Kingwood Medical Center (No. 14-22-00911-CV; April 16, 2024)...
Corpus Christi Court of Appeals Mandamuses Trial Court for Sitting on Parties’ Summary Judgment Motions for Three Years
The Corpus Christi Court of Appeals has taken an Hidalgo County district judge to task for sitting on competing motions for summary judgment for three years and granted a petition for writ of mandamus ordering the judge to make the ruling post-haste. The underlying...
In Concurring Opinion, Dallas Court of Appeals Justice Critiques Low Evidentiary Standards for Soft Damages Awards
In a concurring opinion in a case involving evidence (or lack thereof) of pain and suffering damages, Dallas Court of Appeals Justice Emily Miskel reminded the majority that a plaintiff’s conclusory statements about his own allegations of nental anguish damages do...
Austin Court of Appeals Affirms Defense Judgment for Oil and Gas Producers in Saltwater Injection Well Failure Case
Carroll L. Lee, Peggy G. Lee, Lee Concho Valley Family L.P., Sandra Cagle, Jerry D. Lee, Larry G. Lee, and Matthew Lee v. Memorial Production Operating, LLC; Grandfield Consulting, Inc.; Boaz Energy, LLC; and Ivory Energy, LLC(No. 03-22-00063-CV; February 29, 2024)...
SCOTX Reverses Court of Appeals in Jury Charge Error Case Involving Slip and Fall in Grocery Store
The Texas Supreme Court has reversed a Houston [14th] Court of Appeals decision overturning a take nothing judgment in favor of a Randall’s grocery store. Albertsons, LLC d/b/a Randall’s; Albertsons Companies, LLC d/b/a Randall’s; Randall’s Food Markets, Inc. d/b/a...
San Antonio Court of Appeals Affirms Favorable Defense Verdict on Damages in Trucking Case
In yet another commercial trucking case, the San Antonio Court of Appeals has rejected the plaintiff’s appeal of a jury verdict that awarded past medical expenses but zero damages for past physical pain, mental anguish, or any other element of damages. Richard...
SCOTX Reverses Court of Appeals Judgment Holding Arbitration Too Cost Prohibitive to Homeowner
Lennar Homes of Texas, Inc.; Lennar Homes of Texas Land and Construction, Ltd.; Lennar Homes of Texas Sales and Marketing, Ltd. v. Mohammad Rafiei (No. 22-0830) arose from a personal injury suit arising from the explosion of a garbage disposal in the homeowner...
Divided Corpus Christi Court of Appeals Affirms Denial of TCPA Motion to Dismiss
Over a vigorous dissent by Justice Benavides, the Corpus Christi Court of Appeals has affirmed a trial court order denying dismissal of defendants’ counterclaim for defamation under the Texas Citizens Participation Act (Ch. 27, CPRC). Michael Neuman, Individually...
Texarkana Court of Appeals Vacates TI Order Granted in Violation of TRCP 683, 684
The Texarkana Court of Appeals has vacated a Bowie County district court’s order granting a temporary injunction to compel an insurer to continue paying an insured’s living expenses. USAA General Indemnity Company v. Kenneth O’Bryant (No. 06-23-00084-CV; January...
Austin Court of Appeals Finds No Jurisdiction in Former District Judge’s Appeal from Special Court of Review
The Austin Court of Appeals has dismissed a former Nueces County district judge’s appeal from an order of a special court of review affirming the State Commission on Judicial Conduct’s decision to sanction the judge. In re Inquiry Concerning Honorable Guy Williams...
Dallas Court of Appeals Upholds Limitations Defense in Toxic Mold Case
Marisa Laserna v. BW Ventana LLC and South Oxford Management LLC (No. 05-21-01191; February 16, 2024) involved a personal injury claim arising from alleged exposure to toxic mold. She rented an apartment from landlord in July 2019 and began feeling ill. On June 1,...