Newsroom
For Second Time in Two Weeks, Corpus Christi Court of Appeals Mandamuses Hidalgo County Court for Ignorning the Law in a Windstorm Case
For the second time in just two weeks, the Corpus Christi Court of Appeals has chastised a Hidalgo County Court judge to follow the law in a windstorm case. In re Trisura Insurance Company, Eagle 1 Adjusting LLC, and Thomas Walter Theophilus Maretzki (No....
Eastland Court of Appeals Rejects Bad Faith, DTPA Claims in Case Arising from Comprehensive Settlement Agreement under the pre-1989 Workers’ Compensation Statute
The Eastland Court of Appeals has reversed a judgment against a workers’ compensation carrier for bad faith and DTPA violations arising out of a dispute over the terms of a comprehensive settlement agreement (CSA) executed under the pre-1989 workers’ compensation...
Corpus Christi Court of Appeals Forced to Mandamus Hidalgo County Court Not Once But Twice in Hailstorm Case
The Corpus Christi Court of Appeals has for the second time conditionally granted an insurer’s petition for writ of mandamus for a Hidalgo County trial court’s abuse of discretion. In re Certain Underwriters at Lloyd’s, London Subscribing Severally to Policy No....
Dallas Business Court Dismisses Blackstone from Primexx Case
In the fourth installment of a massive lawsuit involving a dispute between majority and minority owners of horizontal drilling interests in the Permian Basin, the Dallas Business Court [First Division] has ruled that it does not have specific personal jurisdiction...
Dallas Court of Appeals Overturns TC Order Denying Special Appearance of Iowa Feed Manufacturer
Applying the recent SCOTX decision in BRP-Rotax, the Dallas Court of Appeals has reversed a trial court order denying the special appearance of an Iowa manufacturer who sold feed to an Illinois company that shipped the product to Texas. K.R.U., Ltd. d/b/a Feed...
San Antonio Court of Appeals, Citing Die Hard, Upholds $1 Million Judgment in Aircraft Leasing Dispute
The San Antonio Court of Appeals has largely upheld a $1 million judgment in favor of the lessor of an upscale commercial aircraft in a contract dispute arising from an aircraft maintenance problem that delayed a flight chartered by Hollywood star Bruce Willis....
Houston [1st] Court of Appeals Sides With Insurer in Dispute Over Applicability of Appraisal Provision
The Houston [1st] Court of Appeals has granted mandamus to enforce a homeowner’s policy’s appraisal provision against an insured seeking nearly $2 million for a claim the insurer initially adjusted as worth less than the policy’s deductible. The facts of In re...
15th Court of Appeals Rejects TxDOT’s Sovereign Immunity Claim in Dispute with Landowner Over Dedication of Right-of-Way
The 15th Court of Appeals has affirmed a Bexar County district court order denying TxDOT’s plea to the jurisdiction in a case involving the construction of a plat that TxDOT asserted grants the agency part of a landowner’s property a public right-of-way for highway...
Business Court [First Division] Finds Jurisdiction in Case Involving Promissory Notes
In another opinion construing the definition of “qualified transaction,” the Dallas-based First Division of the business court has held that the amount in controversy in a suit to collect on a demand note includes both principal and interest. Atlas IDF, LP v....
SCOTX Accepts Review Involving Application of Limitations to a Nuisance Claim Seeking Permanent Injunctive Relief
The Texas Supreme Court has granted a popular chain retail store’s petition for review in a case raising the issue of whether the two-year statute of limitations on nuisance claims applies to Plaintiff’s request for a permanent injunction to abate the alleged...
Business Court [Eighth Division] Determines It Has Jurisdiction in Dispute Between Oil and Gas Producers
In an opinion that interprets the statutory definition of “qualified transaction” in the context of an agreement between oil and gas operators, the Fort Worth-based Eighth Division of the business court determined that the agreement met the statutory requirements...
Austin Court of Appeals Affirms Significant DTPA Judgment Against Sham Entity and Its Owner
In a case that demonstrates that the DTPA is still alive and kicking, the Austin Court of Appeals has affirmed a trial court judgment against an individual and his sham entity for posing as a commercial construction company and taking a business’s money without...