Newsroom
SCOTX Grants Emergency Stay in UIM Case Involving Corporate Representative Deposition
The Texas Supreme Court might need a separate docket for the proliferation of mandamus petitions in UIM cases. The Court now has before it six such cases in which a trial court refused to abate the insured’s extracontractual claims until the insurer’s liability on...
Houston [14th] Court of Appeals Applies TotalEnergies to Enforce Delegation of Arbitrability to Arbitrator in Construction Contract Dispute
The Houston [14th] Court of Appeals has applied the Texas Supreme Court’s recent ruling in TotalEnergies E&P USA, Inc. v. MP Gulf of Mexico, LLC, 667 S.W.3d 694 (Tex. 2023) to enforce an arbitration agreement that incorporated Rule R-9 of the AAA Construction...
SCOTX Remands Nuclear Verdict in Trucking Case to Corpus Christi Court of Appeals
In a somewhat unusual commercial trucking case, the Texas Supreme Court has instructed the Corpus Christi Court of Appeals to correct its and the trial court’s erroneous interpretation of the term “employee” and other errors that contributed to a nuclear verdict in...
Dallas Court of Appeals Admonishes TC for Refusing to Grant Defendant Jury Trial on Plaintiff’s Attorney’s Fees Claim
The Dallas Court of Appeals has found that a trial court clearly abused its discretion by denying a defendant in an action on a sworn account his request for a jury trial on the reasonableness of the plaintiff’s attorney’s fees. William Simons Garland v. Medical...
Dallas Court of Appeals Affirms TCPA Dismissal of Defamation, Malicious Prosecution Case
The Dallas Court of Appeals has affirmed a trial court order dismissing a defamation case under the Texas Citizens Participation Act (Ch. 27, CPRC). Samella Anderson v. Elma Z. Goodwin (No. 05-23-00343-CV; February 22, 2024) arose from a nasty altercation between...
SCOTX Considering Review of Decision Holding That Nonprofit Health Organizations May Be Vicariously Liable for Physician’s Negligence
In a case in which the Texas Medical Association and Texas Hospital Association have taken opposing positions, the Texas Supreme Court has before it a petition for review of a Corpus Christi Court of Appeals decision holding that a nonprofit health organization...
Dallas Court of Appeals Holds That $25 Million Supersedeas Cap Applies Per Judgment Debtor
Section 52.006, CPRC, governs the amount of a security for a money judgment that a judgment debtor must post in order to pursue an appeal. Generally the amount of this “supersedeas” bond equals the sum of the amount of compensatory damages awarded, interest for the...
San Antonio Court of Appeals Affirms TC Denial of TCPA Motion to Dismiss in Defamation Case
Consultants in Pain Medicine, PLLC and David Blanton v. Ellen Boyle Duncan, PLLC and Ellen Boyle Duncan, M.D.(No. 04-22-00479-CV; March 13, 2024) arose from a dispute between a pain-management medical practice (CIPM), its CEO (Blanton), and one its six physician...
Biopharmaceutical Company Seeks Mandamus Relief Against Qui Tam Lawsuit Filed by Group of Wall Street Investors
In a case that has already been rejected by federal courts and the Department of Justice, a biopharmaceutical group has asked the Texas Supreme Court for writ of mandamus ordering a Harrison County district court to dismiss the case on both issue-preclusion and...
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...