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SCOTX Responds to 5th Circuit Certified Question Regarding Interpretation of “Best Available Control Technology”
The Texas Supreme Court has responded to the U.S. Fifth Circuit Court of Appeals’ request for a state-law interpretation of the term “best available control technology” for purposes of the Texas Clean Air Act and TCEQ rules. Port Arthur Community Action Network v....
SCOTX Reverses Course, Grants Review in Default Judgment Case Involving Substitute Service on Secretary of State
After declining to grant review last June, the Texas Supreme Court has granted a motion for rehearing filed by defendants who took a default judgment resulting from allegedly ineffective service by the Texas Secretary of State. Huffman Asset Management, LLC and...
TCJL Tracking Report 2-14-25
TCJL Tracked Bill List February 14, 2025 New bills are in red. This list is current through Thursday, February 13, 2025. TCJL PRIORITY BILLS New Causes of Action Tort Liability Construction Law Freedom to Contract Health Care Liability Judicial...
89th Legislature – Texas House Standing Committee Appointments
Speaker Burrows releases committee assignments Deans of the House: Tom Craddick of Midland, Senfronia Thompson of Harris Speaker Pro Tem: Joe Moody of El Paso Agriculture & Livestock Appropriations Calendars Corrections Criminal Jurisprudence • S/C on...
SCOTX to Review Residual Fee Provision in Licensing Agreement for Hormone Replacement Therapy
The Texas Supreme Court has granted review of a Fort Worth Court of Appeals decision declining to apply the Covenant Not to Compete Act to a contract provision requiring a licensee to pay a residual fee to a licensor after switching to a licensor’s competitor’s...
TCJL Files Brief in Case Interpreting the Cap on Supersedeas Bond Amount
TCJL has filed an amicus curiae brief with the Texas Supreme Court in a critically important case involving the proper interpretation of § 52.006, CPRC, which caps the amount of a supersedeas bond at $25 million. As you may recall from our prior reports on the...
Dallas Court of Appeals Reverses TC Denial of Motion to Dismiss Health Care Liability Claim
The Dallas Court of Appeals has reversed a trial court denial of a dentist’s motion to dismiss for failure to serve an expert report under § 74.351, CPRC. Lynn Dental Care and Brock Lynn, DDS, MS, PLLC v. Nylonda Jazz Sharnese (January 16, 2025; No....
SCOTX Takes Pass on Truth as an Affirmative Defense to a Tortious Interference with Contract Claim
The Texas Supreme Court has passed up a chance to decide whether truth is an affirmative defense to a claim for tortious interference with a contract. Inwood National Bank and Inwood Bancshares, Inc. v. D. Kyle Fagin, Individually and as Trustee and Beneficiary of...
TCJL Tracking Report 2-7-25
TCJL Tracked Bill List February 7, 2025 New bills are in red. This list is current through Thursday, February 6, 2025. TCJL PRIORITY BILLS New Causes of Action Tort Liability Construction Law Freedom to Contract Health Care Liability Judicial...
Dallas Court of Appeals Reverses TC Denial of TCPA Motion to Dismiss
In a straightforward application of the Texas Citizens Participation Act (TCPA), the Dallas Court of Appeals has reversed and remanded the trial court’s denial of a physician practice’s TCPA motion to dismiss after a former patient filed an unsuccessful complaint...
ERISA updates
The following documents are available on the TCJL ERISA resource page ERISA Joint Association letter to Governor 2-5-25 AG Opinion KP-0480 2-5-25 Re: ERISA ERISA logo letter 2-3-25 ERISA logo letter 10-31-2024 TCJL Brief in Response to RQ-0539-KP Re: ERISA May 22,...
Dallas Court of Appeals Mandamuses Trial Court Denial of Defense Motion to Transfer Venue
The Dallas Court of Appeals has conditionally granted a writ of mandamus ordering a Dallas County Court at Law to abide by the Texas Tort Claims Act’s mandatory venue requirement. In re SPAN, Incorporated (No. 05-23-01071-CV; December 31, 2024) arose from a...