Newsroom
Amarillo Court of Appeals Pours Out TCPA Claimant
The Amarillo Court of Appeals has affirmed a trial court order denying motion to dismiss under the Texas Citizens Participation Act (Ch. 27, CPRC). Mauro E. Garza, and Everett Holdings, LLC v. Julia Perez (No. 07-23-00271-CV; February 27, 2024) arose from a...
Houston [1st] Court of Appeals Overturns Death Penalty Sanctions Against Kellogg Brown & Root
The Houston [1st] Court of Appeals has granted Kellogg Brown & Root’s petition for writ of mandamus vacating a death penalty sanctions order issued by a Harris County district judge. The underlying litigation, Constructora Hostotipaquillo, S.A. de C.V. v....
AUGUST 2023: 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...
El Paso Court of Appeals Mandamuses Trial Court for Limiting Plaintiff’s Designation of Supplemental Expert Witnesses After a Mistrial in Commercial Trucking Case
In re Juan Esparza (No. 08-23-00256-CV; April 26, 2024) arose from a personal-injury lawsuit in which Esparza alleged that he was seriously injured when a Coastal Transport Co. tanker truck struck another vehicle, which in turn struck his vehicle. The case has a...
Houston [14th] Court of Appeals: A County is Not a Person for Purposes of Chapter 74, CPRC, so No Expert Report Required in Opioid Cases Against Pharmacies
Albertson Companies, Inc., et al. v. County of Dallas (No. 14-23-0279-CV) and SPCSA PLLC a/k/a Shavano Oaks Pharmacy v. County of Bexar (No. 14-23-00299-CV) (May 21, 2024) involved a consolidated appeal from interlocutory orders denying motions to dismiss under...
Dallas Court of Appeals Affirms Dismissal of Storm Damage Claim Against Insurer
Joe and Shirley Nathan v. USAA General Indemnity (No. 05-23-00106; May 2, 2024) arose from the homeowners’ property damage claim for roof and interior damage caused by a December 2018 storm. USAA determined that the cost to repair fell below the policy deductible...
Houston [14th] Court of Appeals Mandamuses Trial Court That Denied Defendant’s Claim for Plaintiff’s Mental Health Condition
Following recent SCOTX precedent, the Houston [14th] Court of Appeals has ordered a Harris County trial court to permit defendants to obtain discovery of the plaintiff’s mental health treatment records relevant to the plaintiff’s claim for mental anguish damages....
Beaumont Court of Appeals Affirms Take-Nothing Defense Judgment in Trucking Case Where Plaintiffs Missed Deadline for Serving Deposition Excerpts of Treating Physician
William Schulze and Susan Schulze v. Jonathan Cardenas (No. 09-22-00001-CV; March 28, 2024) arose from an alleged rear-end collision between Plaintiffs’ vehicle and Defendant Cardenas’s truck. The trial court signed a scheduling order requiring the parties to meet...
SCOTX Sides With PUC in Winter Storm Uri Pricing Dispute
In the ongoing navigation of Winter Storm Uri’s devastating aftermath, Luminant Energy Company LLC v. Public Utility Commission of Texas (No. 23-0231; March 17, 2023) has reached its long awaited Texas Supreme Court decision which reversed the Austin Court of...
Dallas Court of Appeals Mandamuses Trial Judge Who Sat on Key Pretrial Rulings for Two Years
In re Patrick Roughneed, M.D., Cherie Roughneen, and Patrick T. Roughneen, M.D., P.A. (No. 05-24-00191-CV; May 10, 2024) stemmed from a lawsuit in which relators sought to mandamus the trial court for not ruling on motions that had been pending for more than two...
Tyler Court of Appeals Affirms Denial of Chapter 74 Motion to Dismiss in Suit Against Nursing Home
Willow SNF, LLC d/b/a Willow Rehab & Nursing and Advanced HCS, LLC v. Anyonna Hardiman, On Behalf of Jessie Mae Turner (No. 12-23-00225-CV; January 24, 2024) arose from injuries allegedly sustained by Turner while a resident of Willow. Turner suffered from a...
Fort Worth Court of Appeals Reverses Defense Judgment for Contractor in Premises Liability Case
The Fort Worth Court of Appeals has reversed a trial court order granting a general contractor’s motion for summary judgment in a premises liability case. Russell Scott Donaldson, As Next Friend of His Grandchildren: L.A., R.A., A.A., and R.S.A., The Heirs of...