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Speaker Phelan announces additional Texas House priorities for 88th Legislature on economic and workforce development
by: Rep. Phelan, Dade 02/28/2023 Austin, Texas — Speaker of the Texas House Dade Phelan announced today additional key legislative priorities of the chamber that are aimed at defending the state’s economic growth over the past two years and creating an opportunity...
Austin Court of Appeals Upholds Validity of DWC Rules Relating to Eligibility for Supplemental Income Benefits
On Tuesday the Austin Court of Appeals handed down a decision in a case challenging the validity of the Division of Workers' Compensation's rules that specify eligibility requirements for supplemental income benefits (SIBs) for injured employees searching for...
Make Summary Denials of Permissive Appeals Reviewable on Abuse of Discretion Standard (HB 1561/SB 1603)
In June 2022, a divided Texas Supreme Court ruled that §51.014(f), CPRC, gives a court of appeals unfettered discretion to deny a permissive interlocutory appeal, as long as the court minimally complies with TRAP 47.1, which requires the court to give basic reasons...
TCJL Asks Fort Worth Court of Appeals to Reach SB 8 Constitutional Issues
In two cases currently pending before the Fort Worth Court of Appeals, TCJL has filed amicus letters urging the Court to adjudicate the constitutional issues raised by SB 8, the legislation creating a no-injury cause of action by any person against any person for...
SCOTX Upholds Dismissal of Defamation Lawsuit Against Anti-Abortion Activist
The Texas Supreme Court has ruled that characterizing abortion support organizations as “murderers” engaged in criminal activity is constitutionally protected political speech. In two cases consolidated for oral argument, The Lilith Fund for Reproductive v. Mark...
SCOTX Rules That One-Half of One-Eighth Equals One-Half
In a delightful (that is, unless you’re on the losing side) opinion by Justice Young, the Texas Supreme Court has ruled that the use of the term “one-half of one-eighth” in a 1924 deed reserving a mineral interest reserved one-half of the interest, not...
SCOTX Upholds Constitutionality of Settlement Credit
In a case of great significance to the 2003 medical and tort liability reforms, the Texas Supreme Court has upheld the application of the dollar-for-dollar settlement credit and ordered the trial court to award part of the plaintiff’s damages in periodic payments,...
TCJL Legislative Tracking Report 2-24-23
TCJL Tracked Bill List Friday, February 24, 2023 The bill filing period closes on Friday, March 10. To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx New bills and actions appear in red. Please note the...
Red McCombs (1927-2023)
TCJL mourns the passing of Red McCombs earlier this week. Red was a special friend of this organization. For at least the past three decades, he served as the Chair of the TCJL Political Action Committee. In that capacity, Red made an invaluable contribution to the...
Austin Court of Appeals Affirms TC Order Sanctioning Vexatious Litigant
In a case involving a sitting Travis County district judge and three former justices of the Austin Court of Appeals, the Austin Court of Appeals has upheld a trial court order granting the judicial defendants relief from a vexatious litigant. Mary Louise Serafine...
SCOTX Upholds Constitutionality of Settlement Credit
Today the Texas Supreme Court issued its ruling in Jesus Virlar, M.D. and GMG Health Systems Associates, P.A., a/k/a and d/b/a Gonzaba Medical Group v. Jo Ann Puente (No. 20-0923), a medical malpractice case in which plaintiffs asserted that the Chapter 33, CPRC,...
Governor Abbott Appoints Harbin To State Commission On Judicial Conduct
Governor Greg Abbott has appointed Cliff Harbin to the State Commission on Judicial Conduct for a term set to expire on November 19, 2023. The Commission regulates the conduct of the state judiciary, including the power to recommend for retirement, censure,...