Newsroom
Houston [1st] Court of Appeals Rules in TCPA Case Involving Misappropriation of Trade Secrets
The Houston [1st] Court of Appeals has finally resolved a long-running dispute over the application of the Texas Citizens Participation Act (Ch. 27, CPRC) to a dispute between oil and gas companies involving misappropriation of trade secrets. Benjamin “B.J.”...
SCOTX Grants Rehearing on Application of Casteel Rule
Given how rarely the Texas Supreme Court grants motions for rehearing, last week’s order reopening the Court’s decision in a wrongful death case is very significant. The case, Angela Horton and Kevin Houser v. The Kansas City Southern Railway Company (No. 21-0769);...
El Paso Court of Appeals Dismisses Landowner Lawsuit Against Comptroller for Issuing Chapter 313 Certificate for Wind Project
The El Paso Court of Appeals has held that landowners do not have standing to sue the Comptroller for certifying a wind project under former Chapter 313, Tax Code. Philip Alan Green and Jonathan Zackhery Wilks v. Texas Comptroller of Public Accounts and Glenn...
SCOTX Stays Discovery Order in Trucking Case Raising 5th Amendment Concerns
Aggressive tactics by plaintiffs’ counsel in commercial trucking cases continue to present SCOTX and the intermediate courts of appeals with serious discovery issues. On Wednesday, SCOTX administratively stayed a Titus County trial court order compelling a...
Dallas Court of Appeals Decides Issue of First Impression in TCPA Case
Nathan Long v. Dr. Kristi Larson Long (No. 05-22-00589-CV; filed November 29, 2023) arose from a nasty marital breakup and divorce that occurred in April 2021. The following July, ex-husband and a date were arrested for falling asleep in a parked SUV while watching...
Austin Court of Appeals Affirms TC Denial of UT Southwestern’s Plea to the Jurisdiction in Medical Malpractice Case
The Austin Court of Appeals has affirmed a trial court order denying a plea to the jurisdiction and summary judgment motions in a medical practice case brought against the University of Texas Southwestern Medical Center and one of its physicians. The University of...
Corpus Christi Court of Appeals Affirms Denial of Special Appearance of Foreign Automaker in Product Liability Case
A plaintiff who sued a South Korean parts manufacturer for a defective fuel pump that alleged caused a serious personal injury accident in Nueces County can, at least for the moment, press ahead with the claim. Hyundam Industrial Company, Ltd. v. Paul Swacina, as...
SCOTX Grants Review in Challenge to PUC’s Scarcity Pricing Order
The Texas Supreme Court has agreed to review an Austin Court of Appeals decision invalidating a PUC order setting market clearing prices at the maximum level in the event of an extreme weather event. RWE Renewables Americas, LLC and TX Hereford Wind, L.L.C. v....
Cary Roberts (1968-2023)
Once more, we are mourning the passage of one of the giants of the civil justice reform movement. Cary Roberts died in Austin on December 3. We have attached his obituary so that you can see all of his many accomplishments and contributions to our state and the...
Dallas Court of Appeals Reverses TC Denial of Motion to Dismiss for Failure to File Certificate of Merit
The Dallas Court of Appeals has reversed a trial court order denying a Texas engineering firm’s motion to dismiss a wrongful death lawsuit under Chapter 150, CPRC, for failure to file a certificate of merit. Lina T. Ramey & Associates, Incorporated v. Jeremy...
TCJL Files Brief in $129 Million Contract Dispute
TCJL has filed an amicus brief asking the Texas Supreme Court to reconsider its decision not to grant review of a Houston [14th] Court of Appeals decision affirming a trial court awarding $129 million in a commercial contract dispute between energy giants. As you...
SCOTX Answers Certified Questions from Fifth Circuit on Finality for Purposes of Limitations Exception
In response to a certified question from the U.S. Court of Appeals for the Fifth Circuit, the Texas Supreme Court has held that § 16.064, CPRC, which tolls the statute of limitations for bringing a second suit when the first suit has been dismissed because of lack...