Newsroom
Eastland Case Tests 2011 Statute Concerning Correction Deeds
In 2009 the Texas Supreme Court handed down Myrad Props., Inc. v. LaSalle Bank Nat’l Ass’n, 300 S.W.3d 746 (Tex. 2009), which held that correction deeds should not be used to convey any additional or separate property that was not described in the original deed....
SCOTX Rules in Oil and Gas Lease Interpretation Case
On Friday the Texas Supreme Court handed down a decision in Rosetta Resources Operating, LP v. Kevin Martin, Jamie Martin, and Ashley Lusk (No. 20-0898). On appeal from the Corpus Christi Court of Appeals, this case involves the construction of an offset well...
Fourteenth Court of Appeals Tosses Improper Property Owner Valuation Testimony
In The State of Texas v. Audie Gray Family L.P. (No. 14-20-00206-CV), the Houston Court of Appeals [14th] considered whether a trial court abused its discretion in admitting expert testimony regarding the value of the property offered by the property owner pursuant...
What Does the Demise of Roe v. Wade Mean for SB 8?
The breaking news that SCOTX is considering a draft opinion overturning Roe v. Wade, while not terribly surprising in itself, has raised a question in our mind about the effect such a ruling would have on SB 8, legislation enacted last year to create a private...
Houston [14th] Court of Appeals Dismisses Challenge to Harris County Judge COVID Order as Moot
The Fourteenth Court of Appeals has dismissed a challenge to Harris County Judge Lina Hidalgo’s order cancelling a foreclosure sale scheduled at Bayou Event Center on April 6, 2021. Judge Hidalgo’s order, issued on April 2, 2021, cited data regarding increasing...
SCOTX Denies Review in Chapter 74 Case Against Baylor Scott & White Health
A patient arrived at an emergency room with severe shoulder pain. The ER took vital signs, which were entered into a sepsis screen, and assigned an acuity level. The vitals were normal and no sepsis indicated, so the patient was assigned a stable level of acuity....
SCOTX Puts Merciful End to 15-Year Legal Wrangle Between Offshore Oil Companies
In a case that never should have been there in the first place, the Texas Supreme Court has ended a mudfight between the Brazilian state-owned oil giant Petrobras and its European adversary Transcor Astra Group that has been going for nearly 15 years. The Court...
Fort Worth Court of Appeals Rules for TotalEnergies E&P in Dispute with DFW Airport
TotalEnergies E&P USA, Inc. v. Dallas/Fort Worth International Airport Board, City of Dallas, and City of Fort Worth(No. 02-20-00054-CV) arose from an oil and gas lease entered into in 2006 between Chesapeake Exploration and the Dallas/Fort Worth International...
SCOTX Tosses $6.3 Million Award in Defamation Case
In an opinion by Chief Justice Hecht, the Texas Supreme Court has overturned a multi-million dollar judgment against Memorial Hermann Health System in a defamation action brought by a prominent cardiovascular surgeon. Memorial Hermann Health System v. Miguel A....
Agreement Reached to Raise California Cap on Noneconomic Damages
The longstanding cap of $250,000 on noneconomic damages in California health care liability cases will rise next year, according to the Californians Allied for Patient Protection. Stakeholders, which include CAPP and the Consumer Attorneys of California, have...
SCOTX Declines to Expand Duty of Good Faith and Fair Dealing in Wrongful Death Case
In a case of first impression, the Texas Supreme Court has held that an insurer has no duty to process a single-accident vehicle claim without asking the insured to take photographs or to issue a safety warning with such a request. The decision overturns a divided...
SCOTX Reverses Court of Appeals Decision In Periodic Payment of Future Medical Damages Case
In early February we told you that SCOTX accepted review of a case involving the application of a central provision of the 2003 medical liability reforms. Last Friday the Court issued an opinion in Columbia Valley Health Care System, L.P. d/b/a Valley Regional...