Newsroom
SCOTX Hands Victory to Taxpayer in Franchise Tax Apportionment Case
The Texas Supreme Court has ruled in favor of the taxpayer in a dispute with the Comptroller over the taxpayer’s apportionment of gross receipts from services performed in Texas. Sirius XM Radio, Inc. v. Hegar (No. 20-0462) posed the question of whether the monthly...
Pandemic Liability Protection Act: Is SB 6 Working?
Nearly a year has passed since the Legislature enacted SB 6, which extends liability protections to health care providers and businesses from lawsuits related to COVID-19. Has the bill been successful in its policy objective to prevent a wave of litigation in Texas...
Houston Court of Appeals Sends RPT Breach of Contract Claim Against City of Houston Back to Trial Court
As you may recall, just a week before the Republican Party of Texas’ 2020 convention was set to commence, Houston First Corporation, which operates the George R. Brown Convention Center, pulled the plug and cancelled its license agreement with the Party. The...
SCOTX Corrects Dallas Court of Appeals Over Enforcement of Contract with Arbitration Provision
In a per curiam opinion and without hearing oral arguments, the Texas Supreme Court has reversed a divided Dallas Court of Appeals for finding a contract and arbitration clause unenforceable in face of clear contractual language to the contrary. Baby Dolls Topless...
Corpus Christi Court of Appeals: Claim Against Forensic Pathologist Based on Autopsy Not a Health Care Liability Claim
In a case that is more complex than it looks, the Corpus Christi Court of Appeals has held that a claim against the pathologist who performed an autopsy under contract with Hidalgo County did not constitute a health care liability claim subject to Chapter 74, CPRC....
SCOTX Reverses El Paso Court of Appeals in Chapter 95 Case
The Texas Supreme Court has reversed the El Paso Court of Appeals and reinstated the trial court’s summary judgment order in SandRidge Energy, Inc. v. Barfield (No. 20-0369). The case involves several issues arising under Chapter 95, CPRC, which generally absolves...
Austin Court of Appeals Again Holds that GA-38 Prohibition of Mask Mandates Exceeds Governor’s Authority
As it did in a parallel case earlier this year, the Third Court of Appeals has affirmed a trial court’s exercise of subject matter jurisdiction and grant of temporary injunctive relief in a suit brough by local governmental entities against the Governor and...
SCOTX Issues Temporary Stay to Consider Mandamus in Product Liability Case
Last week the Texas Supreme Court issued a temporary stay of a Harris County trial court order compelling Kia Motors America to produce reams of documents of questionable relevance to the plaintiff’s product liability claim against the company. In Re Kia Motors...
SCOTX Decides Two Texas Health Care Liability Act Cases
The Texas Supreme Court issued two opinions addressing the contours of Chapter 74, CPRC, the Texas Health Care Liability Act enacted in 2003 as part of the comprehensive tort reform package. The decisions were handed down on February 25. The first case involves the...
A Note on SCOTX’s SB 8 Decision
With all of the national media attention focused on the Texas Supreme Court’s response to the U.S. Fifth Circuit Court of Appeals’ certified question regarding SB 8, we feel it is important to note exactly what the Court actually did. When the Court accepts a...
SCOTX Hands Down Two Key Premises Liability Decisions
On Friday the Texas Supreme Court issued two important premises liability decisions, the first adding to the jurisprudence surrounding Chapter 95, TPCR, critical piece of the 1995 tort reform package, and the second reaffirming a prior decision of the Court...
TCPA Does Not Shield Paralegal from Allegations She Stole $250K from Employer and Tried to Poison Him*
In a case with a fact pattern that could easily have been ripped from streaming television programming, the Austin Court of Appeals has affirmed a Hays County district court’s denial of a TCPA motion to dismiss. In Ashley Syzmonek and Paul Syzmonek v. Arturo Guzman...