Newsroom
15th Court of Appeals Holds District Court Had No Jurisdiction to Intervene in Workers’ Compensation Discovery Dispute
The 15th Court of Appeals has dismissed for lack of jurisdiction an attempt by a workers’ compensation claimant to use a district court to block an administrative law judge’s order on a discovery matter in a workers’ compensation dispute. In re Fort Bend County...
On Remand from SCOTX, Dallas Court of Appeals Holds Its Ground, Reaffirms Judgment for Bank in Loan Default Case
On remand from the Texas Supreme Court, the Dallas Court of Appeals has reaffirmed its earlier decision affirming a judgment for the bank in a sizable loan default case. Ja-Lynn Kuo, JLKuo, PLLC, Subho Mullick, SM ER, PLC, Salima Amin Thobani, and SRG Consulting,...
Houston [14th] Court of Appeals Reverses $500,000 in Product Liability Case Based on Improperly Admitted Evidence
The Houston [14th] Court of Appeals has reversed a judgment awarding a plaintiff $500,000 in a product liability case because the trial court improperly admitted a previously undisclosed expert opinion that prejudiced the defendant. American Honda Motor Co., Inc....
Corpus Christi Court of Appeals Reverses Judgment for Plaintiff in Workers’ Compensation Retaliation Case That Should Have Been Tried in Another County
The Corpus Christi/Edinburg Court of Appeals reversed a trial court judgment for a plaintiff in a workers’ compensation retaliation case, holding that the trial court erroneously denied defendant contractor’s motion to transfer venue. Marquis Construction Services,...
Beaumont Court of Appeals Denies Mandamus Relief, Upholds TC Order Denying Defendant’s Motion to Compel Arbitration in Personal Injury Case
The Beaumont Court of Appeals has denied defendant’s petition for writ of mandamus and affirmed a trial court order denying its motion to compel arbitration in a vehicle rollover case. Service First Automotive LLC D/B/A Caliber Auto Care v. Christopher David...
Houston [14th] Court of Appeals Mandamuses Trial Court for Overbroad Discovery Order in Wrongful Death Case
The Houston [14th] Court of Appeals granted mandamus relief to a defendant in a wrongful death case after trial court ordered overbroad and irrelevant discovery. In re Family Dollar Stores, Inc. and Family Dollar Stores of Texas, LLC (No. 14-25-00668-CV; December...
Eastland Court of Appeals Largely Affirms Defense Judgment in Driver’s Suit Against Lyft, Liberty Mutual
The Eastland Court of appeals has for the most part affirmed a trial court order granting summary judgment to Lyft and its insurer, Liberty Mutual, in a case involving a Lyft driver who had a wreck when his network app was turned on but he had accepted a ride....
15th Court of Appeals Affirms TC Denial of University’s Plea to the Jurisdiction in Breach of Construction Contract Case
The 15th Court of Appeals has turned away an attempt by Texas A&M University to get out of paying the balance of a construction contract for a new building on its Tarleton State University campus. The Board of Regents of the Texas A&M University System v....
15th Court of Appeals Rules for Manufacturer in Dispute Over Manufacturing Sales Tax Exemption
The 15th Court of Appeals has affirmed a Travis County district court ruling in favor of the taxpayer in a dispute with the Comptroller over the application of the sales tax exemption for property used in the manufacturing process. Kelly Hancock, Acting Comptroller...
SCOTX Reverses Dallas Court of Appeals, Rules That a Tornado is a Windstorm
Almost two years ago we reported on a Dallas Court of Appeals decision holding that a homeowners insurance policy with a special deductible for damage caused by a “windstorm” does not apply to damage caused by a tornado. Last April SCOTX granted review. In an...
San Antonio Court of Appeals Hands Bexar CAD Major Defeat in Taxpayer Lawsuit
The San Antonio Court of Appeals has dealt the Bexar Central Appraisal District a legal defeat that cost local governments in the county millions of dollars in property tax revenue. Bexar Appraisal District v. Abasto Properties, et al. (No. 04-22-00675-CV; December...
Houston [1st] Court of Appeals Affirms TC Denial of Chapter 74 Motion to Dismiss for Inadequate Expert Report
In this interlocutory appeal, the Houston [1st] Court of Appeals affirmed the trial court’s order denying a motion to dismiss a healthcare liability claim based on an inadequate expert report. In Methodist Health Centers and The Methodist Hospital v. Scott...