Newsroom
SCOTX Grants Review in Eminent Domain Case Involving Common Carrier Pipeline
The Texas Supreme Court has accepted review of a Houston [1st] Court of Appeals decision holding that evidence of a common carrier pipeline's contract with an unaffiliated third-party for the transportation of the third party's product to its manufacturing facility...
Eastland Court of Appeals: TCPA Applies to Taxing Unit Challenge to Appraised Value
The Eastland Court of Appeals has sent a lawsuit back to a Scurry County district court that denied a taxpayer’s motion to dismiss an appeal by Scurry County taxing units of an ARB decision denying reappraisal of certain property over a five-year period. The...
SAWS Prevails in Dispute with Developer
The San Antonio Court of Appeals has reversed a trial court’s denial of the San Antonio Water System’s (SAWS) plea to the jurisdiction in a breach of contract case. City of San Antonio v. Campbellton Road, L.T.D. (No. 04-20-00569-CV) arose from an agreement between...
San Antonio Court of Appeals Splits Over Interpretation of MFN Clause in Oil and Gas Lease
In a potentially important decision for the oil patch, the San Antonio Court of Appeals has affirmed a $41 million judgment against an operator for failing to pay bonuses owed under a Most Favored Nation (MFN) clause. In a 2-1 decision, the court of appeals held...
Tyler Court of Appeals Affirms Summary Judgment in Product Liability Case
The Tyler Court of Appeals has affirmed both traditional and no evidence summary judgments in favor of four product manufacturers in connection with 2016 boating accident that killed one passenger and left another with a severe brain injury. Anthony Henegar and...
Austin Court of Appeals Finds Trial Judge Abused Discretion in UM/UIM Case
In a memorandum opinion authored by Chief Justice Byrne and joined by Justices Triana and Kelly, the Austin Court of Appeals has conditionally granted an insurer’s petition for mandamus based on the trial court’s denial of the insurer’s motion to sever contractual...
SCOTX: Implied Revocation Doctrine Alive and Well in Texas
The Texas Supreme Court has ruled that the implied revocation doctrine adopted by the Court in a 1947 case remains the law of Texas and applies to all contracts, not just those involving the sale of real estate. In Angel and South State Bank, N.A. v. Tauch (No....
Fifth Circuit Punts SB 8 Enforcement Issue to SCOTX
In a split 2-1 decision, a three-judge panel of the U.S. Fifth Circuit Court of Appeals has certified a question to the Texas Supreme Court concerning the interpretation of several state licensing and regulatory statutes that may authorize some state officials to...
SCOTX Sets Oral Argument in Redistricting Case
The Texas Supreme Court will hear oral argument in Abbott v. Mexican American Legislative Caucus (No. 22-0008) on March 23 at 9 a.m. MALC, Senators Gutierrez and Eckhardt, Rueben Cortez, Jr., and Tejano Democrats filed suit in Travis County challenging the...
Buzbee Law Firm Loses TCPA Appeal in Tortious Interference Suit
Last September we reported that SCOTX had denied review of an appeal from the El Paso Court of Appeals in which the court rejected an attempt by the Buzbee Law Firm to dismiss an El Paso physician’s defamation lawsuit under the Texas Citizen Participation Act (Ch....
SCOTX Issues 47th Emergency Order Since Pandemic Commenced
The Texas Supreme Court has updated its emergency order to extend remote proceedings in civil and criminal cases through April 1, 2022. It further permits municipal and justice courts to continue modifying or suspending pretrial or trial hearing deadlines through...
TCJL Files Brief in Case Challenging Constitutionality of Settlement Credit
TCJL has filed an amicus curiae brief in Jesus Vilar, M.D. and GMG Health Systems Associates, P.A. a/ka and d/b/a Gonzaba Medical Group v. Jo Ann Puente (No. 20-093), which is currently pending on petition for review before the Texas Supreme Court. The case raises...