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SCOTX Grants Review in Highway Contractor Liability Case
The Texas Supreme Court has granted a highway contractor’s petition for review of a Houston [14th] Court of Appeals holding that § 97.002, CPRC, which protects a contractor from liability if the contractor performs the work in substantial compliance with TxDOT’s...
Beaumont Court of Appeals Throws Out Case in Which Rumors of Plaintiff’s Death Were Greatly Exaggerated
In one of the strangest cases we’ve ever seen, the Beaumont Court of Appeals has finally put to rest a dispute over homeowner’s coverage that dragged out over five years and featured conflicting representations of whether the plaintiff was alive or not. Michael...
TEXANS PAY $1,725 MORE FOR GOODS AND SERVICES EVERY YEAR IN A LAWSUIT TAX: TALA
LAWSUITS TAKE TOLL ON TEXAS: TEXANS PAY $1,725 MORE FOR GOODS AND SERVICES EVERY YEAR IN A LAWSUIT TAX—HIGHER THAN NATIONAL AVERAGE March 25, 2025 Legislature Considering Bill to Address “Nuclear Verdicts,” Which Are Driving Up Consumer Costs in Texas AUSTIN,...
TCJL Tracked Bill List 4-3-25
This list is current through 5 p.m. on Thursday, April 3, 2025. New actions are in red. TCJL PRIORITY BILLS New Causes of Action Tort Liability Construction Law Freedom to Contract Health Care Liability Judicial Matters/Practice of Law Eminent Domain Dobbs/SB...
SCOTX Reverses Austin Court of Appeals in Dispute Over Scope of APA’s Declaratory Judgment Provision
The Texas Supreme Court has reversed an Austin Court of Appeals decision throwing out a declaratory judgment action challenging the applicability of a rule requiring a possessor of radioactive material to obtain a license where a lienholder foreclosed on real...
AI Regulatory Legislation Clears House Committee
A unanimous vote of the House Delivery of Government Efficiency Committee has sent much-discussed artificial intelligence regulatory legislation to the Calendars Committee. CSHB 149 makes reorganizes and makes significant changes from the filed version. Those...
Federal District Court Rules That ERISA Preempts Tennessee Statute Requiring Health Plans to Accept Any Willing Provider for Pharmacy Benefits
A federal district court has ruled that an any-willing provider statute virtually identical to legislation currently proposed in Texas is pre-empted by ERISA. The U.S. Sixth Circuit Court of Appeals had previously reversed the court’s dismissal of the employer’s...
The Proper Role of Public Nuisance Lawsuits by Middleton SB 779
SB 779 by Middleton (R-Galveston)/HB 3964 by Vasut (R-Angleton): Adds Chapter 100C, Civil Practice & Remedies Code, to limit actions for damages or other relief based on common law public nuisance, whether asserted as a cause of action or an injury. Provides...
Fort Worth Court of Appeals Rules in Favor of Denton County Voter Challenge to Transportation Bond Election
In an opinion that flatly contradicts a recent decision by the 15th Court of Appeals, the Fort Worth Court of Appeals has held that a small group of voters have standing to contest the outcome of a bond election. Sharon P. Jorolan, Logan B. Young, Michelle Pique,...
Dallas Court of Appeals Reverses Trial Court Denial of Defendant’s Special Appearance in Product Liability Case
The Dallas Court of Appeals has reversed a trial court denial of a German manufacturer’s special appearance in a product liability case arising out of the high-profile redevelopment of the Statler Hotel in Dallas. Aquatherm GmbH v. Commerce Statler Development, LLC...
Nuclear Verdicts: Time to Revisit the Standards for Awarding Mental Anguish Damages?
by George Christian | Jan 12, 2022 The return of nuclear verdicts to Texas courts (and attorney television advertising) and the recently launched efforts of the medical malpractice plaintiff’s bar to convince the federal courts to strike down Texas’ cap on...
Fort Worth Court of Appeals Rules for BNSF in Coverage Dispute Arising from Montana Asbestos Litigation
The Fort Worth Court of Appeals has ruled in favor of BNSF in a coverage and duty to defend dispute with Zurich arising from policies in effect from 1965 to 1974. Zurich American Insurance Company, As Successor By Merger to Maryland Casualty Company v. The...