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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...
Massive Consumer Data Privacy Bill Filed (HB 1844)
Earlier today Rep. Giovanni Capriglione (R-Southlake) introduced consumer data privacy legislation (HB 1844) that gives consumers certain rights that may be exercised at any time upon specific request to a controller of the data. These rights include: (1) to...
TCJL Legislative Tracking Report 2-3-23
TCJL Tracked Bill List Friday, February 3, 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 appear in red. New Causes of Action HB 319...
Corpus Christi Court of Appeals Mandamuses Trial Court for Denying Defendants Leave to Designate a Responsible Third Party
In a case arising from a horrific automobile rollover accident that killed one person and severely injured two others, the Corpus Christi Court of Appeals has held that a trial court abused its discretion when it denied defendants’ motion for leave to designate a...
Preserving and Enhancing the Texas Miracle: Texas Civil Justice League Statement of Conservative Business Principles
The Texas Civil Justice League (TCJL) was established in 1986 to work on a bipartisan basis with the state leadership and members of the Legislature on policies that strengthen the business climate and make Texas the best place in the nation to work and live. TCJL...
Corpus Christi Court of Appeals Rules That Retaliation Claim May Proceed Against College
A member of the faculty of Texas Southmost College was not retained after she quarreled with the administration in her capacity as president of the faculty senate. She sued the college for wrongful termination and alleged claims of age and gender discrimination, as...
Proposed Legislation Challenges Brainard Rule in UM/UIM Cases (HB 1320)
For the third consecutive session, legislation has been filed reversing in part the 2006 Texas Supreme Court decision in Brainard v. Trinity Universal Insurance Company, 216 S.W.3d 809 (Tex. 2006). Brainard held that an underinsured motorist carrier “is under no...
Bill Filed to Establish Procedures for Suits Against Transportation Network Companies (HB 1745)
Rep. Jeff Leach (R-Plano) has proposed legislation addressing litigation against transportation network companies (i.e., ridesharing providers). Rep. Leach filed similar legislation last session, but time ran out before it could be considered on the floor. HB 1745...
San Antonio Court of Appeals Reverses TC Denial of Motion to Compel Arbitration
In an opinion by Justice Alvarez, the San Antonio Court of Appeals has reversed a trial court order denying an employer’s motion to compel arbitration in a whistleblower situation. SSC Wimberley Operating Company, LLC v. Goodman (No. 04-22-00355-CV; filed January...
TCJL Legislative Tracking Report 1-27-23
TCJL Tracked Bill List Friday, January 27, 2022 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 appear in red. New Causes of Action HB 319...
SCOTX Rules that Arbitration Agreement Governs Children’s Claims in Construction Defect Case
In a pair of per curiam opinions, the Texas Supreme Court has ruled that the minor children of parents who sued a homebuilder for construction defects may be compelled to arbitrate along with their parents based on direct-benefits estoppel. Taylor Morrison of...
Recent Cases in Arkansas and Oklahoma Keep the Door to ERISA Pre-Emption Firmly Shut
As we have previously reported, legislation seeking to impose mandates or otherwise change the benefit structure of self-funded employer-sponsored health benefit plans (“ERISA” plans) threatens to undermine those plans by subjecting them to state-by-state...