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SCOTX Grants Review in $13 Million Oil-and-Gas Lease Dispute
The Texas Supreme Court has agreed to review a Beaumont Court of Appeals decision upholding a $13.1 million judgment in favor of lessors of oil-and-gas leases in Hardin and Jefferson Counties. Samson Exploration, LLC v. Joe A. Bordages Jr., et al. (No. 22-0215;...
SCOTX Finds No Abuse of Discretion in Trial Court Decision to Allow Defense Witness Testimony in Death Case
Overturning a split panel of the Houston [14th] Court of Appeals, the Texas Supreme Court has restored a trial court’s denial of plaintiff’s motion to exclude the testimony of a defense witness under Texas Rule of Civil Procedure 193.6(a). That rule prohibits “a...
SCOTX Reverses and Remands to Waco Court of Appeals on Arbitrability Issue
In a per curiam opinion, the Texas Supreme Court has directed the Waco Court of Appeals to reconsider a decision affirming a trial court order denying a motion to compel arbitration. Alliance Auto Auction of Dallas, Inc. v. Lone Star Cleburne Autoplex, Inc. (No....
SCOTX Issues Emergency Stay of Trial Court’s Net-Worth Order
In re Waukesha-Pearce Industries, LLC (No. 23-0070; stay issued August 29, 2023) arose from a wrongful death and personal injury action stemming from a three-vehicle collision. Plaintiffs requested, and after argument and hearing the trial court granted, discovery...
Fort Worth Court of Appeals Reverses TCPA Dismissal in Dispute Between Investment Firms
The Fort Worth Court of Appeals has reversed a trial court order dismissing an investment firm’s defamation and business disparagement lawsuit against one of its brethren. Nexpoint Advisors, L.P. v. United Development Funding IV and Mike Wilson (No. 02-22-00427-CV;...
Fort Worth Court of Appeals Reverses Summary Judgment in Trucking Accident Case
Plaintiff brought suit against the driver and owner of a commercial vehicle for personal injuries suffered in an accident. Defendants answered with a general denial and asserted affirmative defenses, including release. As they pointed out in their motion for...
Austin Court of Appeals Reverses Course, Overturns TCPA Dismissal of Legal Malpractice Claim
On motion for rehearing, the Austin Court of Appeals has withdrawn its previous opinion and judgment and substituted a new opinion in a legal malpractice action that the trial court dismissed under the Texas Citizen Participation Act. In 2014 plaintiff started a...
SCOTX Sets Nuclear Verdict Product Liability Case for Oral Argument
The presumption of nonliability for products manufactured to meet or exceed mandatory federal safety standards, § 82.008, CPRC, is one of the cornerstones of the 2003 tort reform effort. This provision has come under repeated attack in product liability litigation...
Dallas Court of Appeals Reverses and Remands TCPA Dismissal
In 2018 parties entered into a contract for the joint provision of investment advisory services. They soon fell out and in April 2020 signed a confidential settlement agreement to get out of the mess. The agreement contained a mutual confidentiality and...
SCOTX Holds TCPA Inapplicable to Dispute Between Former and Current Owner of Houston Astros
The Texas Supreme Court has held that the Texas Citizens Participation Act, as it existed prior to the 2019 legislative reforms, does not apply to a dispute between Drayton McLane, the former owner of the Houston Astros, and Jim Crane, who bought the team in 2011...
Dallas Court of Appeals Makes Split Decision in Medical Malpractice Case
A 91-year-old nursing facility resident with a history of dementia, hypertension, and transient ischemic attack had to be hospitalized shortly after an increase in her Coumadin dosage. She was diagnosed with a urinary tract infection and subsequently suffered nasal...
10th Circuit Rules ERISA Pre-empts Oklahoma PBM Restrictions
During the 2023 legislative session, legislation (HB 2021) was introduced requiring a pharmacy benefit manager (PBM) contracted to administer a self-funded, employer-sponsored employee benefit plan governed by the Employer Retirement Income Security Act of 1974...