Newsroom
Houston [1st] Court of Appeals Mandamuses Trial Court for Denying Insurer’s Rule 91a Motion
The Houston [1st] Court of Appeals has mandamused a trial court for denying an insurer’s Rule 91 motion where the insurer timely paid the appraisal award in full. In re American Risk Insurance Company, Inc. (No. 01-25-00575-CV; November 25, 2025) arose from a...
Business Court Rejects Plaintiff’s Claim of Membership in an LLC, Dismisses Claims for Declaratory Relief, Accounting, Breach of Fiduciary Duties, Fraud
Esteban Quintero and ATS Concrete Services, Inc. v. Urban Infrastruction LLC and Anup Tamrakar (No. 25-BC01A-0022’ 2026 Tex. Bus. 3; January 26, 2026) arose from Quintero’s request that the Business Court reconsider a previous order granting Defendants’s motion for...
El Paso Court of Appeals Affirms TC Denial of Motion to Compel Arbitration Based on FAA Exemption of Transportation Workers
The El Paso Court of Appeals has applied an exemption to the Federal Arbitration Act for transportation workers actively engaged in interstate commerce. In LKQ Automotive d/b/a Keystone Automotive Industries, Inc. and Jesus Duron v. Adan Robert Romo (No....
Houston [14th] Court of Appeals Again Affirms Denial of TCPA Motion to Dismiss
The Houston [14th] Court of Appeals has affirmed the trial court’s ruling that the TCPA did not apply to Defendant Hutchison’s counterclaim for breach of fiduciary duties. Jeff Carlson and Daniel Calderon v. Hutchison, Incorporated, Farm & Ranch Holdings, LLC,...
Houston [14th] Court of Appeals Affirms TC Denial of TCPA Motion to Dismiss in Dispute Between Investor and Investment Fund
Hatteras Evergreen Private Equity Fund, LLC, and Hatteras Investment Partners LP v. Longboard Capital, LLC (No. 14-24-00938-CV; November 20, 2025) arose from a business deal gone terribly awry. Longboat invested $1,250,000 in Hatteras’s investment fund and...
In Concurring Opinion, Justice Young Identifies Misprision of 1915 Precedent Cited by Court of Appeals to Reverse TC Order Granting Rule 91a Motion to Dismiss
In a case in which the Texas Supreme Court denied review, Justice Young has issued a concurring opinion identifying an issue that could trouble the trial and appellate courts in years to come: whether and under what circumstances a trial court should consider the...
Dallas Court of Appeals Reverses TC Dismissal of Hospitals’ Reimbursement Claims Against Health Insurer
The 5th Court of Appeals reversed a trial court order dismissing with prejudice breach of claims of several hospitals’ claims against an insurer on the basis that the claims were barred by the Insurance Code. Dallas Medical Center, LLC (d/b/a Dallas Medical...
Corpus Christi Court of Appeals Upholds Summary Judgment for Insurer in UIM Case
In a case transferred from the Fort Worth Court of Appeals, the Corpus Christi Court of Appeals has affirmed a trial court order granting summary judgment on behalf of the insurer in a UIM coverage dispute. Debora Hughey and Larry Hughey v. Liberty County Mutual...
Austin Court of Appeals: Abortion Funds Have Standing to Challenge SB 8, TCPA Inapplicable, Clearing Way for SCOTX Consideration
On remand from the Texas Supreme Court, the Austin Court of Appeals has held that patients, physicians, and abortion funds have standing to challenge the constitutionality of the Texas Heartbeat Act, SB 8. The court further affirmed the MDL pretrial court’s order...
SCOTX Vacates Default Judgment, Holds That Whitney Certificate Is Not Irrebuttable Evidence of Substituted Service
The Texas Supreme Court has reversed a Corpus Christi Court of Appeals decision affirming a default judgment on the basis that the secretary of state’s Whitney certificate showing that substituted service was returned undeliverable from an address provided by...
Corpus Christi Court of Appeals Upholds Summary Judgment for Producer in Royalty Dispute
The Corpus Christi Court of Appeals has affirmed a summary judgment and attorney’s fee award for a producer in a royalty dispute. Roane-Williams Texas Minerals, LLC v. EOG Resources, Inc. and Reagan Smith Energy Solutions, Inc. (No. 13-23-00569; November 6, 2025)...
Business Court Grants Summary Judgment for AT&T in Defamation Case
Fiberwave, Inc. f/k/a Spearhead Consulting, Inc. v. AT&T Enterprises, LLC f/k/a AT&T Corp. v. Fiberwave, Inc. f/k/a Spearheading Consulting, Inc. Spearhead Networks Tech, Inc., Faisal Chaudhry, and Chris Percy (No. 25-BC01A-0013; 2026 Tex. Bus. 2; January...