Newsroom
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...
Travelers Redux: Eastland Court of Appeals Follows Tyler Court, Denies Motion to Compel Arbitration in Hailstorm Case
A hailstorm struck Comanche County in May 2019, damaging several buildings owned by the Gustine Independent School District. At the time of the storm, the district had coverage underwritten by the Texas Rural Education Association Risk Management Cooperative...
Governor Abbott Appoints Angela Colmenero As Interim Attorney General Of Texas
AUSTIN – Governor Greg Abbott today appointed Angela Colmenero as the interim Attorney General of Texas, under Article 15, Section 5 of the Texas Constitution, effective 10:00 AM on Friday, July 14. This announcement follows the departure of John Scott, who the...
Eastland Court of Appeals Reverses Summary Judgment in Favor of Operator in Royalty Nonpayment Case
In a royalty nonpayment case teeming with legal issues, the Eastland Court of Appeals has reversed a trial court judgment in favor of an oil and gas operator and remanded the case to an Ector County district court for trial. Perdido Properties LLC, On Behalf of and...
SCOTX Declines to Mandamus MDL Court in Port Neches Chemical Plant Explosion Case
In re First Reserve Management, L.P.; First Reserve Corporation, L.L.C.; FR XII Alpha AIV, L.P.; FR XII-A Alpha AIV, L.P.; FR Sawgrass, L.P.; and Sawgrass Holdings, L.P. (No. 22-0227; delivered June 23, 2023) arose from a massive explosion at a petrochemical...
Tyler Court of Appeals Affirms Trial Court Denial of Motion to Compel Arbitration in Insurance Case
Severe weather rolled through Houston County on April 6, 2019, damaging property owned by a school district. At the time of the storm, the district had coverage underwritten by the Texas Rural Education Association Risk Management Cooperative (TREA). The policy did...
HB 19 Business Court Step Forward for Judicial Reform in Texas
On June 9 Governor Abbott put his signature on HB 19, the hard-fought effort to establish a Texas business court along the lines of those in dozens of other states. The effort finally succeeded after not getting to the floor of the House in three consecutive...
Happy Fourth!
In honor of our nation's independence, we are taking a few days off from the news. Please have a safe and happy Fourth of July...
TCJL Amicus Report June 2023
TCJL Amicus Report June 2023 1. The Ohio Casualty Insurance Company v. Patterson-UTI Energy, Inc.; Patterson-UTI Management Services, LLC; Patterson-UTI Drilling Company, LLC; and Marsh USA, Inc.(No. 23-0006) This case arose from a personal injury action against...
SCOTX Reverses Fort Worth Court of Appeals in Case Involving Redemption of Shares of Professional Corporation
David A. Skeels v. Jonathan T. Suder, Michael T. Cooke; and Friedman, Suder & Cooke, P.C. (No. 21-1014; delivered June 23, 2023) arose from a dispute between shareholders in a law firm over the redemption of plaintiff’s shares upon his involuntary termination...
SCOTX Declines to Recognize Common Law Duty Owed By Third-Party Drug Testing Entity
In a case of first impression, a 6-3 majority of the Texas Supreme Court has held that a drug testing entity hired by an employer to test existing and prospective employees does not owe a duty of reasonable care to an employee in collecting and processing test...