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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....
Fort Worth Court of Appeals Rejects Res Ipsa Theory in Suit Against Airline
The Fort Worth Court of Appeals has affirmed a trial court order granting summary judgment in favor of defendant airline where plaintiff pleaded negligence per se (res ipsa loquitor). Robert Steven Ritchey v. American Airlines Group, Inc. and American Airlines,...
SCOTX Holds That City Cannot Delegate Veto Power Over Changes in City Ordinance to Retirement Fund Board
The Texas Supreme Court has held that a city cannot delegate authority to a third-party to veto changes in a city ordinance. The City of Dallas v. The Employees’ Retirement Fund of the City of Dallas (No. 22-0102; March 15, 2024) arose from a long-running dispute...
SCOTX Reverses San Antonio Court of Appeals Decision in Wrongful Death Case Against Railroad and Private Landowner
The Texas Supreme Court has reversed a San Antonio Court of Appeals decision and reinstated a trial court order granting summary judgment in favor of the railroad company in a wrongful death claim. Lonestar Resources, Inc., Ezra Alderman Ranches, Inc., and Union...
SCOTX Hears Oral Arguments in Discovery Dispute Involving Health Care Liability Claim
The Texas Supreme Court will hear oral arguments this morning in In re Khurso Rashid, M.D. (No. 23-0414) a petition for writ of mandamus arising from a Chapter 74, CPRC, health care liability case. In the underlying suit, Anna Marie Moreno, et al. v. New San...