Newsroom
TCJL Recognized in NPR Story on HB 3058
You can read the article here: https://www.npr.org/sections/health-shots/2023/08/22/1195115865/texas-abortion-bans-softened-quietly
Amarillo Court of Appeals Overturns Million-Dollar Award in Contract Dispute Involving Austin Business
In another case transferred to the Amarillo Court of Appeals for docket equalization, this time from Travis County, the Amarillo Court of Appeals has reversed a substantial award of contract and tort damages, as well as a significant award of attorney’s fees, and...
Amarillo Court of Appeals Reverses Trial Court Denial of Motion to Compel Arbitration
In a case transferred from the San Antonio Court of Appeals for docket equalization purposes, the Amarillo Court of Appeals has reversed a Bexar County district court’s order denying a party’s motion to compel arbitration. Global Building, LLC v. Aulukista, LLC,...
El Paso Court of Appeals Stays Out of Dispute Between Catholic Diocese and Parishioners
A group of parishioners, led by their parish priest, sought approval from the presiding bishop to build a new church. Thinking that the bishop granted approval, the parishioners raised about $1.4 million for the project. Plans were drawn up and city permits...
El Paso Court of Appeals Rules Affirms Summary Judgment for Operator in Oil and Gas Lease Dispute
Applying its own precedent, the El Paso Court of Appeals has ruled that a co-tenant in a producing oil and gas lease cannot extend the primary term of its lease on the basis of the other co-tenant’s production rather than its own. David W. Cromwell v. Anadarko...
San Antonio Court of Appeals Upholds Legislative Immunity from Suit Challenging COVID-19 Measures
The San Antonio Court of Appeals has affirmed a trial court order dismissing a lawsuit filed against the Texas House and Senate for certain legislative actions taken in response to the COVID-19 pandemic. Koepke v. Texas State Senate and Texas House of...
Houston [14th] Court of Appeals Reverses Award of Attorney’s Fees in Commercial Lease Dispute
In our ongoing effort to identify appellate opinions that deal with attorney’s fee awards, a recent Houston [14th] Court of Appeals decision deserves notice for its application of SCOTX precedent requiring claimants seeking to recover attorney’s fees to segregate...
Houston [14th] Court of Appeals Affirms Specific Jurisdiction Over Lithium-Ion Battery Manufacturer and Distributor
Applying a recent decision of the Texas Supreme Court, the Houston [14th] Court of Appeals has held that a Harris County district court may exercise personal jurisdiction over two foreign manufacturers that distributed lithium-ion batteries in Texas. Like its...
Houston [14th] Court of Appeals Rejects Vacatur of Arbitration Award for Arbitrator Partiality
In a case that offers an excellent review of Texas law governing vacatur of an arbitration award based on “the evident partiality of an arbitrator appointed as a neutral arbitrator,” the Houston [14th] Court of Appeals has upheld a Harris County district court’s...
Austin Court of Appeals Rules that Fifth Circuit Has Exclusive Jurisdiction Over TCEQ Permit for LNG Terminal
In a case that once again belies the need for a statewide court of appeals to decide administrative law matters, the Austin Court of Appeals has dismissed a lawsuit challenging the Texas Commission on Environmental Quality’s decision to issue a permit to the...
SCOTX Denies Emergency Stay in Apex Deposition Matter
Yesterday the Texas Supreme Court denied an emergency stay to block a Dallas Court of Appeals’ decision denying a writ of mandamus based on a trial court’s proposed order compelling the testimony of the chairman of the board of a pipeline company. The underlying...
SCOTX Accepts Certified Question from Fifth Circuit on Limitations Issue
In a case of great interest to lenders, the Texas Supreme Court has agreed to answer a certified question from the U.S. Fifth Circuit Court of Appeals regarding the application of Texas’ four-year statute of limitations to real property liens under § 16.035, CPRC....