Newsroom
TCJL Files Brief Defending Constitutionality of Pandemic Liability Protection Act (SB 6)
The Texas Supreme Court has accepted a certified question from the U.S. Fifth Circuit Court of Appeals in a case with the potential to expose thousands of Texas health care providers and businesses to liability stemming from the COVID-19 pandemic. As the primary...
TCJL Files Brief Supporting Dismissal of Landlord-Tenant Class Action
Yesterday TCJL filed an amicus brief in the Texas Supreme Court arguing that a class action brought against a corporate landlord based on alleged “overcharges” of certain fees should be dismissed under legislation enacted in 2017 to transfer exclusive jurisdiction...
Fifth Circuit Certifies 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 542, Insurance Code. The amendments responded to the...
TCJL Files Brief in Class Action Certification Case
Today TCJL filed an amicus brief in USAA Casualty Insurance Company v. Sunny Letot, Individually and On Behalf of All Others Similarly Situated (No. 22-0238) In this puzzling case, the Dallas Court of Appeals affirmed a trial court order certifying a class action...
Dallas Court of Appeals Reverses Trial Court Ordering Arbitration in Wrongful Death Case
The Dallas Court of Appeals has held that a rehabilitation facility sued for wrongful death failed to carry its evidentiary burden that a valid arbitration agreement existed between the facility and plaintiff. Roger Cornell Fox, Individually and on Behalf of the...
Dallas Court of Appeals Reverses Trial Court Dismissal of Lawsuit on Forum Non Conveniens Grounds
In what appears to be a case of first impression, the Dallas Court of Appeals has held that a nonresident party who filed a lawsuit in Texas and litigated the matter to summary judgment waived its reliance on the common law doctrine of forum non conveniens. The...
Beaumont Court of Appeals Affirms Waiver of Governmental Immunity in Hurricane Harvey-related Lawsuit Against ISD
The Beaumont Court of Appeals has upheld a trial court denial of a school district’s plea to the jurisdiction in a contract dispute between the district and a public adjuster in the wake of Hurricane Harvey. Beaumont Independent School District v. LRG-Loss Recovery...
Beaumont Court of Appeals Mandamuses Trial Court That Reinstated Personal Injury Case After Expiration of Plenary Power
In a case with somewhat unusual procedural facts, the Beaumont Court of Appeals has issued a conditional writ of mandamus directing a Montgomery County trial court to vacate an order reinstating a lawsuit after dismissing it for want of prosecution. In re Dakota...
Corpus Christi Court of Appeals Splits in Medical Malpractice Case
A split decision by a panel of the Corpus Christi Court of Appeals in a medical malpractice has drawn a second dissenting opinion criticizing the majority of the panel for blocking en banc review of its decision. Octavio Aguilera; The Schumacher Group of Texas,...
SCOTX Declines Review of Sales Tax Refund by Gaming Company
The Texas Supreme Court has denied a petition for review in a case involving a gaming company’s contract with a local VFW post to offer a “sweepstakes game” in return for a percentage of the proceeds. Sidetracked Bar, LLC v. Glen Hegar, Comptroller of Public...
San Antonio, Austin Courts of Appeals Appear to Issue Contradictory Opinions on Standard of Review of Agency Orders
Last week we reported on the Texas Supreme Court’s decision to grant review in a case from the San Antonio Court of Appeals involving an administrative order issued by the Railroad Commission. On the same day, the Court denied a motion for rehearing in a Austin...
SCOTX Declines Review of Tort Claims Act Case Involving TXDOT
The Texas Supreme Court has declined to hear a split decision of the Waco Court of Appeals, which reversed a trial court denial of the Texas Department of Transportation’s plea to the jurisdiction based on sovereign immunity. Kathleen Galloway-Powe, Individually...