Newsroom
In Case of First Impression, Houston [14th] Court of Appeals Reverses Asbestos MDL Court’s Defense Ruling on Summary Judgment Motion
In a case of first impression, the Houston [14th] Court of Appeals has reversed an Asbestos MDL pre-trial court order granting a no-evidence summary judgment in an asbestosis case. Frank Burford, Individually and as Representative of the Heirs and Estate of Carolyn...
SCOTX Grants Rehearing in Dispute Between San Antonio Auto Dealer, Distributor, and Texas Department of Motor Vehicles
In late September of last year, the Texas Supreme Court denied the petition for review of an El Paso Court of Appeals decision in favor of the Texas Department of Motor Vehicles and Hyundai Motor America in suit brought by a franchisee. The denial triggered a...
ExxonMobil Prevails in Statutory Employer Case Before Houston [14th] Court of Appeals
In a case stemming from a 2019 fire and explosion at ExxonMobil’s Baytown Olefins Plant, the Houston [14th] Court of Appeals has reversed a trial court order denying Exxon’s motion for summary judgment based on the exclusive remedy defense. ExxonMobil Corporation...
SCOTX Holds That “Imperfect” Medical Authorization Form Still Triggers 75-Day Tolling Provision in Chapter 74 Health Care Liability Claim
The Texas Supreme Court has reversed a Beaumont Court of Appeals decision holding that a defective Chapter 74 medical authorization form filed with the required notice of claim did not trigger the 75-day tolling period for a health care liability claim. In Dorothy...
Fort Worth Court of Appeals Holds TCPA Inapplicable to Declaratory Judgment Action Challenging Constitutionality of SB 8
Joining the Austin Court of Appeals, the Fort Worth Court of Appeals has held that the Texas Citizens Participation Act (Ch. 27, CPRC) cannot be used to shut down an abortion fund’s constitutional challenge to SB 8, the so-called “Hearbeat Act.” As you may recall,...
Dallas Court of Appeals Reverses County Court At Law Dismissal of Landlord’s Eviction Action for Abuse of Discretion
A routine landlord-tenant dispute is not something we would ordinarily report, but we note this one out of the Dallas Court of Appeals because it appears to involve a county court at law’s blatant disregard of the law or an egregious misunderstanding of it. Either...
Amarillo Court of Appeals Affirms Judgment Against TxDOT in Motorcyle Accident Case
The Amarillo Court of Appeals has held that the Texas Tort Claims Act’s limitation on a governmental entity’s liability in a premises liability case did not apply because TxDOT created a special defect on an I-35 frontage road that caused plaintiff’s accident....
Houston [14th] Court of Appeals Mandamuses TC for Granting Plaintiff’s Massive Discovery Request Prior to Hearing on Defense Motion to Compel Arbitration
In re Energy Transfer LP, Enable Midstream Partners, LP, and Enable GP, LLC (No. 14-23-00479-CV; February 6, 2024) arose from a personal injury action brought by an employee of the relators. At the time of his employment, Plaintiff signed an employment agreement...
El Paso Court of Appeals Upholds Exclusion of Defense Video Evidence in Trucking Case
National Oil Well Varco, LP and Kenneth Beauford v. Elmer Sanchez (No. 08-23-00096-CV; February 9, 2024) arose from a rear-end collision in which company truck rear-ended Plaintiff’s vehicle. After declining medical assistance at the scene, Plaintiff proceeded to a...
Corpus Christi Court of Appeals Kicks Insufficient Chapter 74 Expert Report Back to Trial Court
The Corpus Christi Court of Appeals has reversed and remanded a trial court ruling denying a health care provider’s motion to dismiss for failure to comply with the expert report requirement of § 74.351, CPRC. Dr. Nolan Perez and Gasterenterology Consultants of...
San Antonio Court of Appeals Mandamuses Trial Court for Improperly Granting New Trial to Plaintiff in Personal Injury Action
The San Antonio Court of Appeals has conditionally granted a defendant’s petition for writ of mandamus against a Karnes County trial court that granted a prevailing plaintiff a new trial, presumably because the jury did not award enough damages. In re Spotted...
SCOTX Holds That Settlement Means Settlement, Rejecting Plaintiff’s Attempt to Evade Application of the Settlement Credit
Cracking the whip on an effort to evade the one-satisfaction rule, the Texas Supreme Court has held that a settlement agreement with an agreed judgment of $1.9 million, most of which will be paid prospectively, if at all, can be claimed by a non-settling defendant...