Newsroom
Does Proposed Constitutional Amendment (HJR 106) Attempt to Restrict Travel Across State Lines for Health Care Services?
A proposed constitutional amendment filed this week appears to do one thing, but it might in actuality do something quite different. HJR 106 would add a provision to the Texas Bill of Rights (Article I, Texas Constitution) to secure the right of a person “to travel...
El Paso Court of Appeals Reverses TC Dismissal of Health Care Liability Claim for Insufficient Expert Report
A patient went to an El Paso plastic surgery practice for a breast augmentation. The surgeon performed the implant surgery. A few days later a follow-up visit revealed that a small opening had occurred in the incision. The physician advised the patient to keep the...
Proposed Legislation Creates 51 New Causes of Action and 53 New Penalties Against Businesses, 19 Causes of Action and 21 Penalties Against Health Care Providers
With a little more than month before the bill filing deadline (March 10), TCJL is tracking dozens of bills that create new private causes of action, new liability for civil, administrative, and criminal penalties, and new liability for attorney’s fees. This broad...
Insurer’s Attempt to Collect Overpayments from Health Care Providers Ends in Disaster
An insurer that became ensnared in its own corporate practices has lost an appeal to the Fort Worth Court of Appeals as a result. United Healthcare of Texas, Inc. et al. v. Low-T Physicians Services, P.L.L.C., Low-T Physicians Professional Association, and Low-T...
Texas House Committee Chairs
DEANS OF THE HOUSE Tom Craddick (R) and Senfronia Thompson (D) SPEAKER PRO-TEM Charlie Geren (R) STANDING COMMITTEES Agriculture & Livestock - Chair Briscoe Cain (R) Appropriations - Chair Greg Bonnen (R) Business & Industry - Chair Oscar...
Fort Worth Court of Appeals Reverses TC, Orders Parties to Arbitration in Legal Malpractice Case
In a case that thoroughly reviews the law governing waiver of arbitration, the Fort Worth Court of Appeals has reversed a trial court order denying a law firm’s motion to compel arbitration in a legal malpractice case. Ferguson Braswell Fraser & Kubasta, P.C....
Fort Worth Court of Appeals Holds for Appraisal District in Compressor Case
The 2011 amendments to the Tax Code establishing a valuation methodology for a dealer’s heavy equipment inventor (DHEI) spawned a passel of litigation between appraisal districts and taxpayers, culminating in a decision by the Texas Supreme Court upholding the...
Bill Targets Manufacturers of Smart Phones and Tablets (HB 1936/SB 417)
Legislation has been filed in each house that would make a manufacturer of an electronic device, such as a smartphone or tablet, civilly liable if the device does not automatically enable a filter blocking sexually explicit content and a minor uses the device to...
How Will TCJL Statement of Conservative Business Principles Be Applied in Practice?
Preserving and Enhancing the Texas Miracle. Last week TCJL published its Statement of Conservative Business Principles, together with a “funnel” that graphically represents the questions we ask of legislation that may have a significant liability impact on Texas...
Eastland Court of Appeals Breaks Some New Ground in Mineral Conveyance Case
In a case notable for its interpretation of the term “net mineral acre” in a conveyance of mineral interests and its analysis of the estoppel-by-deed doctrine, the Eastland Court of Appeals has ruled in favor of the grantor, who asserted that the grant was burdened...