Newsroom
SCOTX Reverses Austin Court of Appeals in Case Involving Chapter 74 Willful and Wanton Negligence Standard
In a case we first reported in December, 2022, the Texas Supreme Court has reversed an Austin Court of Appeals opinion overturning a summary judgment in favor of an emergency care physician under the “willful and wanton negligence” standard under Chapter 74, CPRC....
SCOTX Denies Mandamus to Remove Justice Devine from Primary Ballot
The Texas Supreme Court has denied a petiton for writ of mandamus filed by a Fort Worth Court of Appeals justice who is seeking to unseat incumbent Justice John Devine. In re The Honorable Brian Walker (No. 24-0016; January 11, 2024) arose from Justice Walker’s...
SCOTX Splits Over Trial Court Order to Turn Over Video That May Contain Illegal Child Pornography
In a case we initially reported a few weeks ago, a deeply divided Texas Supreme Court has lifted an emergency stay and denied the relator’s petition for a writ of mandamus to block a trial court order compelling her to turn over a video to opposing counsel’s lawyer...
El Paso Court of Appeals Grants Immunity to SAWS in Dispute with Surety Company
In a case transferred from Bexar County, the El Paso Court of Appeals has held that San Antonio Water System has governmental immunity in a claim brought by a surety company contesting SAWS’s release of contract funds to a contractor without the company’s consent....
Beaumont Court of Appeals Finds No Specific Jurisdiction in Contract Dispute Between Media and Tax Consulting Giants
In a case pitting the behemoth news publishing company Gannett and the sprawling Texas-based tax consulting firm Ryan, LLC, the Beaumont Court of Appeals has held that Texas courts have no jurisdiction over a breach of contract claim asserted by Ryan for failing to...
SCOTX Pours Out Secessionists
The Texas Supreme Court has denied mandamus in a case brought by a secessionist group to force the State Republican Party chair to put an “independence” proposition on the ballot for the upcoming primary election .In re Texas Nationalist Movement (No. 24-0025;...
SCOTX Rejects Attempts to Knock Judicial Candidates Off the Ballot Based on Ballot Application Disclosure
In two cases based on the 2023 legislative mandate that judicial candidates disclose certain information on their ballot application, the Texas Supreme Court has held that this requirement does not authorize a primary election official to bar a candidate from the...
Nueces County Strikes Out Again in Boundary Dispute with San Patricio County
After more than 50 years of on-again, off-again litigation, the Corpus Christi Court of Appeals has put what we hope is the last nail in the coffin of Nueces County’s efforts to tax property located in San Patricio County. Nueces County and Nueces County Appraisal...
Dallas Court of Appeals Confirms Arbitration Award in Dispute Between Plaintiff’s Firm and Medical Bill Factoring Company
In a case exposing the unsavory practices of some plaintiff’s firms and medical bill factoring companies, the Dallas Court of Appeals has affirmed a Dallas County district court’s confirmation of an arbitration award of nearly $550,000 to a factoring company....
SCOTX Grants Stay in Another Discovery Dispute Involving a Potential Criminal Violation
We recently reported on a commercial trucking case in which a trial court granted a motion to compel discovery from a defendant driver that the driver contends would violate his Fifth Amendment right against self-incrimination. The Texas Supreme issued an emergency...
Houston [1st] Court of Appeals Grants Mandamus Ordering TC to Rule on Oxy’s Motion to Compel Arbitration
The Houston [1st] Court of Appeals has ordered a Harris County district court to rule on a corporate defendant’s motion to compel arbitration that has been pending for seven months.’ In re OxyVinyls LP (No. 01-23-00708-CV; issued December 28, 2023) arose from an...
State Will Ask SCOTX to Review Austin Court of Appeals Decision Holding Recent Franchise Fee Statutes Unconstitutional
In an opinion that slipped in under the wire of the new 15th Court of Appeals’ exclusive jurisdiction over constitutional challenges, the Austin Court of Appeals has ruled that recent legislation consolidating the franchise fees paid by telecommunications and cable...