Newsroom
SCOTX Grants Oral Argument in Forum Non Conveniens Case Stemming from Truck-Train Collision in Louisiana
The Texas Supreme Court has granted oral argument in a petition for writ of mandamus stemming from a personal-injury lawsuit involving a truck-train collision in Louisiana. The court has not yet set the date of the argument. In re Pinnergy, Ltd. (No. 23-0777; oral...
SCOTX Upholds Constitutionality of Public Adjuster Statute
In the wake of a series of 2003 hailstorms that resulted in a huge spike in roof claims (not to mention litigation against insurers), the Texas Legislature passed a bill requiring licensing of public adjusters and prohibiting roofing contractors from adjusting...
SCOTX Rules That Texas Law Defaults to Simple Interest Unless Agreement Clearly Specifies Otherwise
Reversing the Beaumont Court of Appeals, the Texas Supreme Court has held that a late charge provision in an oil and gas lease called for simple, not compound, interest. The Court confirmed that Texas law disfavors compound interest and that an agreement that does...
SCOTX Grants Review in Case Alleging Violations of Texas’ Civil Barratry Statute for Case-Running in Arkansas and Louisiana
The Texas Supreme Court has agreed to review a case that raises significant issues, including limitations and extraterritorial application, of Texas’ civil barratry statute. Michael A. Pohl, The Ammons Law Firm, and Robert Ammons, et al. v. Mark Kentrell Cheatham,...
Governor Abbott Appoints 15th Court of Appeals
Governor Abbott Appoints Inaugural Members To Fifteenth Court Of Appeals June 11, 2024 | Austin, Texas | Press Release Governor Greg Abbott today announced his inaugural appointments to the new Fifteenth Court of Appeals, which was created last year to have...
Governor Abbott Appoints Business Court, Austin Division
Governor Abbott Announces Appointments To New Austin Business Court Division June 11, 2024 | Austin, Texas | Appointment Governor Greg Abbott today announced his appointments to the new Third Business Court Division in Austin, which was created last year to provide...
Houston [1st] Court of Appeals Overturns Nuclear Verdict in Wrongful Death Case, Then Dismisses on Forum Non Conveniens Grounds
In a case important for both its ruling on a nuclear verdict awarding nearly $200 million in noneconomic damages and application of statutory forum non conveniens, the Houston [1st] Court of Appeals reversed a $200 million award of noneconomic damages before...
Back to the Future, Part I: Today’s Nuclear Verdicts Rooted in SCOTX’s 1980s Jurisprudence
The House/Senate Joint Committee on Liability Insurance and Tort Law Procedure’s final report to the Legislature in January 1987 identified “high court activism” as one of the primary drivers of the tort liability crisis of that unfortunate era for the Texas civil...
Tyler Court of Appeals Affirms Zero Damages Verdict in UM/UIM Case
The Tyler Court of Appeals has reaffirmed its disavowal of the “zero damages rule” in upholding a jury verdict that rejected a plaintiff’s claim for $400,000 in non-economic damages for a minor car accident. Albert Hambrick v. Foremost County Mutual Insurance (No....
Houston [1st] Court of Appeals Holds That Sexual Assault Claim Not a Chapter 74 Health Care Liability Claim
Stating what should be obvious, the Houston [1st] Court of Appeals has reiterated that a patient’s claim that she was sexually assaulted by a physician following surgery is not a health care liability claim under Chapter 74, CPRC. Azul Shirazalijaffer, M.D., and...
Austin Court of Appeals Reverses Summary Judgment for Resort in Deck Collapse Premises Liability Case
Paula Chavez; Daniel Fagan; and April Chavez, Individually and as next friend of D.C., a minor, M.G., a minor, and Tommy Chavez v. Silverleaf Resorts, LLC, formerly Silverleaf Resorts, Inc.; and Holiday Inn Club Vacation Incorporated, formerly Orange Lake Country...
Texarkana Court of Appeals Declines to Create New Duty Requiring Landowners to Inspect Land for Risk of Falling Trees
by George Christian | April 12, 2024 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,...