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SCOTX Stays Trial in Medical Malpractice Case After TC Strikes Defendant’s Experts
The Texas Supreme Court has put on hold a trial in a health care liability action in which the trial court struck both defense experts. In re Bradley Hubbard, M.D. and Dallas Plastic Surgery Institute (No. 23-0511; stay order issued December 22, 2023) arose from a...
SCOTX Grants Emergency Stay in Forum Non Conveniens Case
The Texas Supreme Court has granted an emergency stay in wrongful death case that arose in Mexico but was brought in a Dallas district court. In re Greyhound Lines, Inc. (No. 23-1035; granted January 2, 2024) stems from an accident involving a bus owned and...
Here We Go Again: State Farm Wins Another Emergency Stay in UIM Case from Dallas
For the fourth time in the last few months, the Texas Supreme Court has granted an emergency stay while it considers an insurer’s petition for writ of mandamus in an underinsured motorist case. As in the other three cases, In re State Farm Mutual Automobile...
SCOTX Grants Review in Collateral Estoppel Case Arising From Dismissal of Colorado Lawsuit on Basis of Personal Jurisdiction
The Texas Supreme Court has agreed to hear an interesting case from the Dallas Court of Appeals applying the doctrine of collateral estoppel to a jurisdictional ruling by a Colorado federal court. Farmland Partners, Inc. v. First Sabrepoint Capital Management,...
Proposed Legislation Takes Aim at AI Giants
The biggest players in the artificial intelligence universe, such as Google, Meta, Apple, and Amazon, will have to give the attorney general access to their records to ensure compliance with a new AI regulatory law proposed by Senate State Affairs Chair Brian...
SCOTX Reverses El Paso Court of Appeals in Wrongful Termination Case
The Texas Supreme Court has reversed an El Paso Court of Appeals decision overturning a summary judgment in favor of a hospital that terminated a nurse for violating is employment policies. Scott & White Memorial Hospital d/b/a Baylor Scott & White McLane...
SCOTX Stays Trial Court Order Compelling Corporate Representative Deposition
In yet another UIM case in which plaintiffs are seeking to depose an insurer’s corporate representative and adjusters, the Texas Supreme Court has stayed a trial court order denying the insurer’s motion to quash and compelling the depositions. In re State Farm...
Beaumont Court of Appeals Enforces Arbitration Clause in Suit Against Homebuilder
The Beaumont Court of Appeals has reversed a trial court order denying a homebuilder’s motion to compel arbitration in a suit brought by second purchasers of a home. Lennar Homes of Texas Land and Construction, Ltd. and Lennar Homes of Texas Sales and Marketing,...
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...