Newsroom
Houston [14th] Court of Appeals Affirms Summary Judgment in Favor of Insurers in Insured’s COVID-Related Business Interruption Claim
Baylor College of Medicine v. XL Insurance America, Inc. and Ace American Insurance Company (No. 14-22-00145-CV; February 6, 2024) stemmed from the COVID-19 pandemic. When the pandemic forced Baylor to close or dramatically reduce operations to combat the community...
Houston [1st] Court of Appeals Affirms Grant of Special Appearance in Contract Dispute Involving Forum Selection Clause
Aggreko, LLC v. Bronxcare Health System, Formerly Known as the Bronx-Lebanon Hospital Center (No. 01-22-0052-CV; issued January 23, 2024) arose from a fatal accident on the premises of the hospital. In 2012 the hospital, a non-profit New York entity, rented a...
En Banc Houston [1st] Court of Appeals Holds No Governmental Immunity in Tort Claims Act Case
Acting en banc, the Houston [1st] Court of Appeals has held that the City of Houston does not have immunity from a lawsuit brought by a citizen who was injured when a city councilmember riding in a golf cart accidentally hit the gas pedal and ran into him. City of...
Houston [14th] Court of Appeals Upholds Animal Health Commission White-Tailed Deer Quarantine Authority
The Houston [14th] Court of Appeals has upheld the Texas Animal Health Commission’s authority to order a landowner to quarantine a herd of white-tailed deer to prevent the spread of chronic wasting disease. RW Trophy Ranch, Ltd. and Robert Williams v. Texas Animal...
Austin Court of Appeals Reverses Defense Summary Judgment in Medical Malpractice Case
The Austin Court of Appeals has reversed a summary judgment in favor of a physician and hospital in a wrongful death action alleging medical negligence. The facts of Heather Dawn Williams, Individually and as Wrongful Death Beneficiary and Representative of The...
Divided Waco Court of Appeals Strikes Down Chapter 380, 381 Local Development Agreement on Constitutional Grounds
Over a dissent by Chief Justice Gray, the Waco Court of Appeals has struck down agreements between an economic development foundation, the City of Corsicana, and Navarro County for the construction of a retail store entered into Chapters 380 and 381, Local...
TCJL Journal – Spring 2024
Highlights of the TCJL Journal Spring 2024 Chairman’s Column 2023 Awards George Christian Award: Tribute to Chief Justice Nathan Hecht Rob Looney Award to Chairman Jeff Leach Super Staffer Awards: Recognizing Outstanding Legislative Staff • Lauren Young • Drew...
Dallas Court of Appeals Rules That Cities Have No Cause of Action Against Streaming Providers for Not Paying Franchise Fees
The Dallas Court of Appeals has ordered a Dallas County district court to dismiss under Rule 91a a lawsuit brought by dozens of Texas cities against streaming giants Disney, Netflix, and Hulu. In In re Disney DTC, LLC n/k/a Disney Platform Distribution, Inc., Hulu...
El Paso Court of Appeals Holds That Federal Arbitration Act Exemption for Transportation Workers Applies to Commercial Truck Driver in Employment Dispute
The El Paso Court of Appeals has affirmed a trial court’s denial of a trucking company’s motion to compel arbitration in an employment dispute with one of its drivers. Arrow Freight Management, Inc. v. Ruben Contreras (No. 08-23-00082-CV; January 18, 2024) stemmed...
Eastland Court of Appeals Throws Out Medical Malpractice Lawsuit Where Plaintiff Filed Expert Reports But Didn’t Serve Them on Defendants
Abilene Regional Medical Center and Brian Ganesh, M.D. v. Eugenia Fae Prince, Individually and on Behalf of All Wrongful Death Beneficiaries, and as Personal Representative of the Estate of Elton Pierce (No. 11-23-00027-CV; February 8, 2024) arose from the death of...
SCOTX Grants Emergency Relief in Case Involving Potential Discovery Abuse
As seems to be happening a little too frequently in recent times, the Texas Supreme Court has granted a temporary stay of a Travis County probate judge’s discovery order while it considers the Relator’s petition for writ of mandamus. In re Terry Richardson (No....
SCOTX Declines to Review Fort Worth Court of Appeals Decision Declaring Eight-Liners Unconstitutional
The Texas Supreme Court declined to review a Fort Worth Court of Appeals decision ruling that eight-liner machines are unconstitutional under Art. III, § 47, which affirmatively requires the Legislature to pass laws prohibiting lotteries. Barring a contradictory...