Newsroom
Dallas Court of Appeals Upholds Limitations Defense in Toxic Mold Case
Marisa Laserna v. BW Ventana LLC and South Oxford Management LLC (No. 05-21-01191; February 16, 2024) involved a personal injury claim arising from alleged exposure to toxic mold. She rented an apartment from landlord in July 2019 and began feeling ill. On June 1,...
Houston [14th] Court of Appeals Orders Winter Storm Uri MDL Judge to Dismiss Some Plaintiff Claims in Bellwether Suits Against Transmission and Distribution Utilities
In another chapter of the ongoing litigation triggered by the effects of Winter Storm Uri, the Houston [14th] Court of Appeals has partially granted the utilities’ petition for writ of mandamus to order the MDL pretrial judge to grant their Rule 91a motions to...
El Paso Court of Appeals Holds That Limitations Bars Health Care Liability Suit Against Texas Tech
The El Paso Court of Appeals has thrown out a medical malpractice case against Texas Tech Health Science Center in El Paso based on limitations despite plaintiff's claim that SCOTX's emergency COVID-19 order allowed the trial court to extend the deadline. Texas...
Dallas Court of Appeals Affirms Summary Judgment in Workers’ Compensation Exclusive Remedy Case
The Dallas Court of Appeals has upheld a trial court order granting summary judgment in favor of an employer based on the exclusive remedy of workers’ compensation. Santa Trevino and Cesar Trevino v. Jalapeno Tree Operating, LLC (No. 05-23-00086-CV; February 21,...
Citing Lyle Lovett, Amarillo Court of Appeals Affirms TC Grant of Special Appearances to Canadian Entities
In an entertaining and somewhat offbeat opinion citing no less an authority on Texas than Lyle Lovett, the Amarillo Court of Appeals has affirmed a trial court order granting special appearances by two Canadian parties in a dispute with a Texas business. ER...
Houston [1st] Court of Appeals Shuts Down Impermissible Discovery Demanded by Landowner in Condemnation Dispute with Pipeline
In another episode of the long-running litigation saga pitting HSC Pipeline against the Hlavinka land interests, the Houston [1st] Court of Appeals has conditionally issued HSC’s petition for writ of mandamus barring the Hlavinkas from compelling discovery of the...
Houston [14th] Court of Appeals Reverses TC Denial of Arbitration in Personal Injury Case
The Houston [14th] Court of Appeals has reversed a trial court order denying a defendant business’s motion to compel arbitration of a personal injury claim. Pearland Urban Air, LLC v. Abigail Delila Cerna a/n/f of R.W. (No. 14-23-00090-CV; February 8, 2024) stemmed...
Beaumont Court of Appeals Reverses Plaintiff’s Judgment in Trucking Accident Case
The Beaumont Court of Appeals has reversed a $9 million judgment against the driver/owner of a commercial truck in a wrongful-death suit. Curtis Adair d/b/a CK Trucking v. Troy Chapla and Kelly Maningas, Individually and as Wrongful Death Beneficiaries, and on...
Fort Worth, Dallas Courts of Appeals Affirm TC Denials of TCPA Motions to Dismiss
In a pair of decisions arising from contractual disputes, the Fort Worth and Dallas Courts of Appeals have affirmed trial court orders denying motions to dismiss under the Texas Citizens Participation Act. The first case, Carl and Patricia Johnson v. Windsong Ranch...
SCOTX Grants Emergency Stay in Case Involving Discovery Order to Turn Over Federally-Protected Health Care Information
In at least the third case we have seen in the past few weeks, the Texas Supreme Court has paused proceedings in a case in which a trial court has ordered a party to respond to discovery in a way that implicates federal constitutional or statutory rights. In re...
Houston [1st] Court of Appeals Affirms TC Denial of Chapter 74 Claim for Failure to Serve Expert Report, But Defense Fails to Get Mandatory Attorney’s Fees
In Andria Solomon v. Rosemary Buckle, Nicole D. Ches, and HCA Health Services of Texas, Inc. (No. 01-23-00349-CV; March 14, 2024), Plaintiff sued health care providers Buckle and Ches, as well as their employer HCA, for negligence. She alleged that Buckle, who...
Corpus Christi Court of Appeals Upholds Arbitration Clause in Home Purchase Agreement Against Waiver Claim
The Corpus Christi Court of Appeals has reversed a trial court order denying a homebuilder’s plea of abatement and motion to compel arbitration, despite a significant delay in the defense prosecution of the case. McMillin Texas Homes, LLC d/b/a Texas Homes v....