Newsroom
SCOTX Responds to Fifth Circuit in Eight-Corners Rule Case
In an opinion authored by Justice Huddle, the Texas Supreme Court has held that courts may consider extrinsic evidence of coverage facts when the “eight-corners rule” cannot determine coverage because of gaps in the plaintiff’s pleading. Monroe Guaranty Insurance...
Volkswagen Jurisdiction Case Reaches SCOTX
A civil enforcement action by the State of Texas, Travis County, and other local governmental entities against Volkswagen Aktiengesellschaft (VW Germany) has spawned a jurisdictional dispute that will be heard by the Texas Supreme Court later this month. The State...
Winnett Bench Trial Notes
On Wednesday afternoon, U.S. District Judge Lee Yeakel heard arguments in Winnett et al. v. Pham, M.D. et al. (No. 1:20-CV-01155-LY). As you recall, this case, brought by numerous plaintiffs with health care liability claims against various physicians and hospitals...
SCOTX Clarifies Scope of Discovery under Rule 120a, TCRP (Special Appearance)
Rule 120a, TRCP, the procedure under which a nonresident defendant may appear in a Texas court for the sole purpose of contesting personal jurisdiction, authorizes a trial court to order a continuance to allow an opposing party to obtain jurisdictional...
TCJL PAC 2022 Primary Judicial Endorsements
Texas Civil Justice League PAC 2022 Primary Election March 1, 2022 Early Voting Begins February 14, 2022 [pdf-embedder url="https://tcjl.com/wp-content/uploads/2022/02/TCJL-PAC-2022-Primary-Judicial-Endorsements-1-31-2022.pdf" title="TCJL PAC 2022 Primary Judicial...
SCOTX Reaffirms Obligation to Enforce Contracts as Written in Mineral Royalty
A deed conveying a mineral estate must be construed the same way as any other contract: according to the language the parties use to express their agreement within the context in which they made the agreement. So ruled the Texas Supreme Court in Nettye Engler...
Winnett Bench Trial This Afternoon
Federal district judge Lee Yeakel will conduct a bench trial this afternoon in WinnetIt, et al. v. Frank, et al. (No. 1:20-cv-01155-LY). As we have previously reported, this suit challenges the constitutionality of Texas' cap on noneconomic damages. The individual...
SCOTX to Consider Whether TCEQ or the Courts Have Exclusive Jurisdiction to Determine Ownership of Water Rights
Last year a divided Waco Court of Appeals decided that a district court properly dismissed a dispute between private parties over the ownership of certain water rights for lack of subject matter jurisdiction. The trial court ruled, and a majority of the court of...
Supreme Court Advisory Committee Considers Remote Jury Trials and Other Proceedings
On Friday last the Supreme Court Advisory Committee discussed proposed new rules to the Texas Rules of Civil Procedure enabling a court “to allow or require a participant to appear at a court proceeding in person—by being physically in the courtroom—or remotely by...
Amarillo Court of Appeals Allows Constitutional Challenge to Public Adjuster Conflict-of-Interest Statute
In the wake of a series of hailstorms that resulted in a huge spike in roof claims (not to mention litigation against insurers), the Texas Legislature passed a bill requiring licensing of public adjusters and prohibiting roofing contractors from adjusting insurance...
13th COA Allows Regulatory Taking Case Against the City of San Antonio to Proceed
In a memorandum opinion authored by Justice Tijerina, the Corpus Christi Court of Appeals has affirmed a Bexar County district court’s denial of the City of San Antonio’s plea to the jurisdiction in a suit brought by the owners of a cement batching plant. The City...
SCOTX Grants Review in Case Involving Key Piece of 2003 Tort Reform
A case involving the application of a central provision of the 2003 medical liability reforms has reached the Texas Supreme Court. Columbia Valley Health Care System, L.P. d/b/a Valley Regional Medical Center v. A.M.A., A Minor, By and Through His Mother, Ana...