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SCOTUS Decision in Mallory Has No Effect on Texas Foreign Entity Registration Statute
A 2023 U.S. Supreme Court decision has become a flashpoint in the State of Texas’ litigation against the manufacturer of Tylenol. That decision, which held that a Pennsylvania statute requiring a foreign entity to consent to the general jurisdiction of Pennsylvania...
Tyler Court of Appeals Affirms $450,000 Judgment Against Grocery Chain in Slip-and-Fall Case
The Tyler Court of Appeals has upheld a $450,000 judgment against an East Texas grocery store chain because it did not preserve for appeal the issue of Plaintiff’s capacity to sue for past medical expenses. Brookshire Grocery Company v. Frankie York (No....
SCOTX Rules That Statutory Affirmative Defense for Highway Contractors Does Not Require Contractual Privity with TxDOT
In a case we first reported last April, the Texas Supreme Court has reversed a Houston [14th] Court of Appeals holding that § 97.002, CPRC, which protects a road contractor from liability if the contractor performs the work in substantial compliance with TxDOT’s...
Corpus Christi Court of Appeals Affirms Summary Judgment for Insurer in Homeowner’s Policy Dispute
The Corpus Christi Court of Appeals has affirmed a summary judgment in favor of an insurer in a homeowner’s policy dispute, including an award of appellate attorney’s fees. Jaime Lopez and Silvia Rodriguez Lopez v. State National Insurance Company and Wellington...
Join Governor Abbott Honoring Supreme Court and 15th Court Incumbent Candidates – TCJL PAC
Please join Special Guest Governor Greg Abbott For a Reception Honoring Texas Supreme Court and 15th Court of Appeals Incumbent Candidates January 8, 2026 Event Details: www.tcjlpac.com/join-governor-abbott Political Advertising Paid By: Texas Civil Justice League...
El Paso Court of Appeals Affirms TC Order Denying Arbitration Where Defendants Substantially Invoked Litigation Process
The El Paso Court of Appeals has upheld a trial court order denying a defense motion to compel arbitration in a dispute over a noncompete clause because the defendants substantially invoked the litigation process to plaintiffs’ detriment. In a substituted...
Houston [14th] Court Renders Take-Nothing Judgments Against Both Plaintiff and Defendant in Fraudulent Lien Case
In an outcome we can’t remember having seen, at least in a long time, the Houston [14th] Court of Appeals has reversed the trial and rendered take-nothing judgments on both Plaintiff’s fraudulent lien claim and Defendant’s counterclaim for breach of contract. West...
Divided 15th Court of Appeals Upholds SOAH Dismissal of Property Tax Appeal Involving Classification of Industrial Property
The 15th Court of Appeals has upheld a trial court order granting SOAH’s and a SOAH ALJ’s plea to the jurisdiction in a case in which a taxpayer asked SOAH to conduct an evidentiary hearing on whether Harris County Appraisal District properly classified certain...
San Antonio Court of Appeals Reverses TC Ruling That a Deed Reservation of “All Coal” Excluded Lignite
The San Antonio Court of Appeals has overturned a trial court ruling that a 1931 deed conveying an undivided 1/12 interest in an express reservation of “all Coal” in or under the land did not include lignite. San Miguel Electric Cooperative, Inc. v. Lively (No....
15th Court of Appeals Upholds Validity of TDI Rule Regarding TWIA Assessment of Excess Losses
The Fifteenth Court of Appeals has denied ASI Lloyds Insurance Company’s appeal in a dispute concerning the computation of excess-loss payments for damages caused by Hurricane Harvey. ASI Lloyds Insurance Company v. Texas Windstorm Insurance Association and the...
Dallas Court of Appeals Affirms TC Denial of TCPA Motion to Dismiss in Employer-Employee Dispute
The Dallas Court of Appeals has affirmed a trial court order denying an employer’s TCPA motion to dismiss a defamation lawsuit brought by its former employee. Quattro Operating, Inc., a Division of Arch Energy Group, LLC v. Clayton Byrd (No. 05-25-00357-CV; October...
El Paso Court of Appeals Reverses TC Order Granting Special Appearance of California Defendant Who Asserted Fiduciary Shield Doctrine
In a dispute over a failed, ‘eleventh hour’ real estate financing arrangement, the El Paso Court of Appeals has reversed the trial court’s order granting Defendant’s special appearance, finding the fiduciary shield doctrine did not protect him since he failed to...