Newsroom
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...
San Antonio Court of Appeals Holds Chapter 74 Applies to Accident in Ophthalmologist’s Exam Room
The San Antonio Court of Appeals has ruled that a claim arising from injuries sustained when an ophthalmology practice’s phoropter fell off the exam room wall onto the patient is a health care liability claim under Chapter 74, CPRC. Sharyn Dacbert v. Medical Center...
Austin Court of Appeals Affirms TCPA Dismissal of Suit Against Former ERCOT Directors
The Austin Court of Appeals has put the final kibosh on a decade-long lawsuit brought by investors in power plants against ERCOT and four of its directors for allegedly misleading them about the capacity of the generation market in 2011 and 2012. Panda Sherman...
Fort Worth Court of Appeals Allows Lawsuit Between Anti-Vaccine Groups to Proceed
The Fort Worth Court of Appeals has affirmed a trial court order denying a motion to dismiss a lawsuit between well-known anti-vaccine organizations and their founders. Jonathan Stickland and Jackie Schlegel, Texans for Vaccine Freedom, and Texans for Vaccine...
Dallas Court of Appeals Reverses TC Order Denying American Airlines’ Motion to Transfer Venue in Discrimination Case
Plaintiffs filed suit against American Airlines and its employee in Dallas County, alleging discrimination, intentional infliction of emotional distress, and breach of contract arising from American’s alleged refusal to allow the family to board a flight because of...
SCOTX Denies Review of El Paso Court of Appeals Decision That One-Fourth Of One-Eighth Equals One-Fourth
Perhaps you recall our discussion of the Texas Supreme Court’s opinion in Van Dyke v. Navigator Grp. (No. 21-0146; delivered February 17, 2023), in which the Court construed a 1924 deed reserving “one-half of one-eighth” of a mineral interest reserved one-half of...
TxDOT Prevails in San Antonio Court of Appeals On Inverse Condemnation Claim
The San Antonio Court of Appeals has reversed a trial court’s order denying TxDOT’s motion for summary judgment on sovereign immunity in a property owner’s claim for inverse condemnation. Texas Department of Transportation v. C-5 Holdings, LLC and Stone Oak Storage...
SCOTX Grants Review in Medicaid Fraud Case
The Texas Supreme Court has agreed to hear a Dallas-area dentist’s appeal in a qui tam action involving about $538,000 in allegedly fraudulent Medicaid claims. Richard J. Malouf, D.D.S. v. The State of Texas Ex Rels. Dr. Christine Ellis, D.D.S., and Madelayne...
SCOTX Grants Mandamus in UIM Case
The Texas Supreme Court has granted mandamus vacating a trial court order to quash an insurer’s request for discovery in a UIM case. In re Liberty County Mutual Insurance Company and Marianne Michele Cagle (No. 22-0321; granted November 17, 2023) arose from a 2017...
Houston [1st] Court of Appeals Pours Out Buzbee Law Firm Attempt to Compel Arbitration in Tortious Interference Case
Handing down a second defeat in the same case, the Houston [1st] Court of Appeals has held that the Buzbee Law Firm cannot invoke arbitration after having aggressively pursued litigation on the merits and failed. Anthony G. Buzbee and Anthony G. Buzbee, LP d/b/a...
SCOTX Issues Stay in Trucking Case Discovery Dispute
The Texas Supreme Court has granted temporary relief while it considers a petition for writ of mandamus in dispute over a Concho County trial court’s spoliation order in a commercial trucking accident case. In re Tri-National, Inc. (No. 23-081; stay order issued...