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Special Election Runoffs for SD9, TX18 Set For Jan. 31st
Governor Greg Abbott today issued a proclamation announcing Saturday, January 31, 2026 as the runoff election date for the unexpired term in the previous 18th Congressional District seat vacated by the late Congressman Sylvester Turner. Early voting will begin on...
15th Court of Appeals Dismisses Statutory Claims in Annexation Dispute with City for Mootness, Preserves State’s Attorney’s-Fee Claim under the UDJA
The 15th Court of Appeals has dismissed the state’s lawsuit against the City of Kyle as moot because the city disannexed the property subject to the suit. The court preserved the state’s attorney’s fee claim under the Uniform Declaratory Judgment Act but dismissed...
Business Court Finds Jurisdiction Over General Contractor’s Third-Party Claims Against Subcontractors in Suit Involving Apartment Complex Construction
The Business Court [Third Division] has denied an apartment developer’s plea to the jurisdiction, which challenged the court’s subject matter jurisdiction over Plaintiff general contractor’s third-party claims against 18 subcontractors. Cadence McShane Construction...
Business Court Denies Defense Motion for Summary Judgment in Dispute Over Royalties from Landfill
The Business Court [11th Division] has denied a landfill operator’s motion for summary judgment in a breach of contract suit in which landowners alleged that the landfill ceased payment of royalties due on the parties’ contract. Isaac Arnold, Jr., et al. v. Blue...
TCJL Files Amicus Brief in Pennsylvania Superior Court in Case in Which Trial Court Refused to Enforce Texas Forum-Selection Clause
For the first time in its 40-year history, TCJL has filed a brief in the courts of the Commonwealth of Pennsylvania. Ironically, the case, Cardinal Midstream II, LLC v. Energy Transfer LP, et al. (No. 1000 WDA 2025) pits two Dallas-based energy companies against...
Business Court Rules Limitation-of-Liability Provisions in Telecom Contract Inappliable to Tortious Interference, Defamation Claims
The Business Court [Houston Division] has denied AT&T’s motion for partial summary judgment with regard to a wireless provider’s claims for tortious interference with contract and defamation associated with the termination of the parties’ agreement. Fiberwave,...
Amarillo Court of Appeals Dismisses Inverses Condemnation Claim Against TXDOT
The Amarillo Court of Appeals has reversed a trial court order denying TxDOT’s plea to the jurisdiction in an inverse condemnation case brought by roadside convenience store. Texas Department of Transportation v. FamFive Holdings, LLC (No. 07-25-00113-CV; September...
Business Court Dismisses Veil-Piercing, Breach-of-Contract Claims Under Rule 91a
The Business Court [Eighth Division] has granted a Rule 91a motion to dismiss veil-piercing and breach-of-contract claims in a dispute between a California-based eyeware company and several Texas residents over a failed transaction purchase agreement. Lensabl, Inc....
Amarillo Court of Appeals Mandamuses Trial Court for Denying Defendant’s Designation of RPT in Dram Shop Case
The Amarillo Court of Appeals has granted a bar owner’s mandamus petition after the trial court denied its motion for leave to designate a responsible third party. In re Main Street Conference, LLC (No. 07-25-00267-CV; October 6, 2025) arose from a 2022 drunk...
SCOTX Reverses San Antonio Court of Appeals, Finds Trial Court Committed Harmful Error in Allowing Expert Witness, a Former Judge, to Instruct the Jury About the Law
The Texas Supreme Court has reversed the San Antonio Court of Appeals and remanded for new trial an heirship dispute turning on whether the deceased father had a common-law wife. In re the Estate of Guadalupe Lopez, Sr., Deceased (No. 24-0315) arose from a dispute...
TCJL Files Amicus Brief in Easement by Estoppel Case
TCJL has filed an amicus brief in a case argued before the Texas Supreme Court earlier this week. Boerschig v. Rio Grande Electric Cooperative, Inc. (24-0213) arose from a dispute between a property owner and an electric co-op over the validity of an easement...
San Antonio Court of Appeals Affirms TC Denial of TCPA Motion to Dismiss in Oil and Gas Dispute
The San Antonio Court of Appeals has affirmed a trial court’s denial of an oil and gas operator’s TCPA motion to dismiss an adjoining lease owner’s “failure-to-protect” claim. EOG Resources, Inc. v. CNH Enterprise Holdings, Ltd. (No. 04-24-00160-CV; September 30,...