Newsroom
Houston [1st] Court of Appeals Rules for Pipeline Company in Construction Dispute
The Houston [1st] Court of Appeals has affirmed a summary judgment in favor of a pipeline company in a dispute with its contractor over liability for various change orders requested by the contractor. Wood Group USA, Inc. v. Targa NGL Pipeline Company, LLC (No....
TCJL Files Brief in Chapter 21 Employment Discrimination Case
TCJL has filed an amicus brief in a case out of the Dallas Court of Appeals that could vastly expand the scope of Chapter 21, Labor Code, actions against employers for discrimination based on a “perceived” disability. Dallas County Hospital District d/b/a Parkland...
Houston [1st] Court of Appeals Upholds Big Attorney’s Fee Award in Defense and Indemnity Case
Tite Water Energy, LLC v. Wild Willy’s Welding LLC (No. 01-22-00158-CV; issued August 31, 2023) arose from personal injury lawsuit involving an explosion at a saltwater reclamation plant in Kingfisher, Oklahoma, owned by Devon Energy Corporation. While the injured...
Houston [1st] Court of Appeals Reverses TC Denial of Special Appearance in Legal Malpractice Case
In a case involving legal representation across state lines, the Houston [1st] Court of Appeals has ruled that a Harris County district erred when it denied the special appearances of a Louisiana law firm and one its lawyers in a legal malpractice case. John P....
Corpus Christi Court of Appeals Upholds TC Rejection of Chapter 74 Expert Report
In an appeal from a Cameron County district court, the Corpus Christi Court of Appeals has held that the trial court did not abuse its discretion in finding a medical malpractice plaintiff’s expert report inadequate under Chapter 74, CPRC. Eva Hernandez, as Next...
TxDOT Tort Claims Act Case Gets SCOTX’s Attention
The Texas Supreme Court will hear a case brought by landowners against TxDOT for damages resulting from the removal of trees and brush from their property. Texas Department of Transportation v. Mark Self and Birgit Self (No. 22-0585; 02-21-00240-CV; delivered April...
TCJL Files Brief in Discovery Abuse Case
TCJL has filed an amicus brief in the Texas Supreme Court in a troubling case of discovery abuse from a Dallas County Court at Law. In re Lyft (No. 23-0379) arose from a personal injury lawsuit in which plaintiff sought discovery of Lyft’s excess insurance...
Pandemic Liability Protection Act (SB 6, 2021) Served Its Purpose, Faces Legal Challenge
With the termination of Governor Abbott’s declared state of emergency for COVID-19 on June 15, the more than three-year period covered by the Pandemic Liability Protection Act (SB 6, 2021) has likewise come to an end. By all accounts, SB 6 succeeded in making sure...
Corpus Christi Court of Appeals Reverses TC Grant of Landowners’ Bill of Review in Inverse Condemnation Case
Plaintiffs own property within the city, which owns and operates a leaky underground water pipe running through the property that has repeatedly flooded it, despite the city’s efforts to repair the pipe. Plaintiffs sued the city, asserting claims of inverse...
TCJL Files Brief in Fifth Circuit Question to SCOTX Regarding Attorney’s Fees Under 2017 Hailstorm Legislation
On July 12 the U.S. Court of Appeals for the Fifth Circuit requested the Texas Supreme Court to weigh in on the effect of the Texas Legislature’s 2017 amendments to the Texas Prompt Payment of Claims Act, Chapter 542A, Insurance Code. The amendments responded to...
SCOTX Grants Review in Railroad Accident Wrongful Death Case
On September 1 the Texas Supreme Court granted review of a San Antonio Court of Appeals decision reversing a summary judgment in favor of the railroad company in a wrongful death claim. Lonestar Resources, Inc., Ezra Alderman Ranches, Inc., and Union Pacific...
SCOTX Will Review Constitutional Challenge to Public Adjuster Law (Chapter 4102, Insurance Code)
In the wake of a series of 2003 hailstorms that resulted in a huge spike in roof claims (not to mention litigation against insurers), the Texas Legislature passed a bill requiring licensing of public adjusters and prohibiting roofing contractors from adjusting...