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Governor Abbott Appoints Field To 480th District Court
Governor Greg Abbott has appointed Scott K. Field to the 480th Judicial District Court in Williamson County, effective October 1, 2022, for a term set to expire on December 31, 2024, or until his successor is duly elected and qualified. Scott K. Field of Liberty...
El Paso Court of Appeals Decides Collateral Estoppel, Express Negligence Doctrine Case
Two virtually identical wrongful death cases involving fatal automobile accidents on a stretch of private road in El Paso County triggered a dispute between a property owner and its lessee over an indemnity provision in the lease. CEMEX Construction Materials...
TCJL Files Brief in Important Noneconomic Damages Case
In a case that could have a similar impact on awards for noneconomic damages as the 1994 Texas Supreme Court decision in Transportation Ins. Co. v. Moriel had for punitive damages awards, TCJL has filed an amicus curiae brief urging the Court to provide additional...
Beaumont Court of Appeals Reverses Trial Court Denial of Special Appearance
In a case arising from the Covid-19 pandemic, the Beaumont Court of Appeals has reversed a trial court’s denial of the special appearance of a California business and its CEO. The dispute in TBS Business Solutions USA, Inc. and Tewodros “Teddy” Sahilu v. Allco, LLC...
Tyler Court of Appeals Reverses Denial of TCPA Motion to Dismiss
In a case between two Dallas media parties, the Tyler Court of Appeals reversed a trial court order denying the defendants’ TCPA motion to dismiss and remanded for a determination of attorney’s fees. The case, Steven Monacelli and the Dallas Weekly, Inc. v....
SCOTX Reverses Tyler Court of Appeals in Governmental Immunity Case
The Texas Supreme Court has found that a trial court has jurisdiction in a Texas Tort Claims Act personal injury suit, reversing the Tyler Court of Appeals and remanding to the trial court. Leondra Leach v. The City of Tyler (No. 21-0606) arose from an injury...
Eastland Court of Appeals Affirms City’s Immunity to Suit under Solid Waste Disposal Act
The Eastland Court of Appeals has upheld a Midland district court’s dismissal of a lawsuit brought by a manufacturer against the City of Weatherford. The suit alleged that the contamination of water wells located on a site once owned by the manufacturer had likely...
Dallas Court of Appeals Enforces Forum Selection Clause
In an opinion strongly supportive of freedom to contract and holding parties to a contract to their bargain, the Dallas Court of Appeals has reversed a trial court order granting special appearances and motions to dismiss in favor of Louisiana defendants who...
Austin Court of Appeals Rules in Complex Workers’ Compensation Case
On remand from the Texas Supreme Court, the Austin Court of Appeals has affirmed in part and reversed in part a SOAH decision awarding a medical provider additional fees in a dispute with a workers’ compensation insurance carrier over reimbursement for services...
Austin Court of Appeals Sides with ERS On Denial of Accidental Death Benefits
A state employee purchased accidental death and dismemberment insurance under a group term life policy established by the Employees Retirement System. The policy covered the employee and her dependents. Her husband, a dependent insured under the policy, was killed...
Fourth Court of Appeals Holds That Party Did Not Waive Right to Compel Arbitration
In an opinion that provides an excellent review of when a right to arbitration may be waived, the San Antonio Court of Appeals has reversed a trial court order denying a party’s motion to compel arbitration. San Antonio Eye Center, P.A., et al. v. Vision Associates...
San Antonio Court of Appeals Rejects Netflix TCPA Defense in Defamation Case
In a case that demonstrates that the Texas Citizens Participation Act (TCPA) does not give a free pass to media defendants whose programming defames a private person, the San Antonio Court of Appeals has affirmed a trial court order denying the defendants’ TCPA...