Newsroom
SCOTX Rejects Loss of Market/Book Value Measure of Consequential Damages
In August, 2020, TCJL filed an amicus curiae brief in Signature Industrial Services, LLC and Jeffry Ogden v. International Paper Company (No. 20-0396), a contractual damages case that arose from a $775,000 construction contract for the installation of machinery at...
Personal Jurisdiction Case Once Again Reveals Rift in Dallas Court of Appeals
As we reported last August, the Dallas Court of Appeals’ ruling in Steward Health Care Sys. LLC v. Saidara, 633 S.W.3d 120 (Tex. App.—Dallas 2021, no pet.) uncovered serious divisions within the Dallas Court of Appeals over how the court handled the majority...
SCOTX Sends §18.001 Medical Affidavit Case Back to Trial Court for Second Try
In a per curiam opinion (In re Oscar Degaberto Flores and Rivas Trucking Specialty, LLC., No. 20-0602), the Texas Supreme Court has “invited” a Dallas trial court to revisit its orders striking §18.001 counteraffidavits from a physician and chiropractor challenging...
Austin Court of Appeals Declines to Overrule Trial Court Injunction Blocking Enforcement of Governor’s Emergency Order Nullifying Harris County Mask Mandate
The Austin Court of Appeals has declined a request by Governor Abbott and Attorney General Paxton (the “state”) to order a Travis County trial court to withdraw a temporary injunction against enforcement of Harris County’s mask mandate, which, with certain...
President of U.S. Chamber Institute for Legal Reform Publishes Op-Ed on Trucking Litigation Reform
Harold Kim, President of the U.S. Chamber of Commerce Institute for Legal Reform (ILR), has published an op-ed in the national legal publication Law360. The op-ed calls for trucking litigation reform in the wake of the rising number of nuclear verdicts against...
Time to Revisit the Standards for Awarding Mental Anguish Damages?
The return of nuclear verdicts to Texas courts (and attorney television advertising) and the recently launched efforts of the medical malpractice plaintiff’s bar to convince the federal courts to strike down Texas’ cap on noneconomic damages in medical liability...
SCOTX Denies Request to Enjoin Elections in Redrawn Harris County Commissioners Precincts
In an opinion jointly authored by Justice Jimmy Blacklock and newly appointed Justice Evan Young, the Texas Supreme Court has declined to intervene in the 2022 election for two seats on the Harris County Commissioners Court (HCCC). Five voters filed a petition for...
Fifth Circuit Rejects Restaurant’s Bid to Recover Lost Revenue from COVID-19 Shutdown Under Commercial Insurance Policy
In an opinion handed down on January 5, the U.S. Court of Appeals for the Fifth Circuit had held that a restaurant’s commercial property insurance policy does not cover lost revenue from the suspension of dine-in services during the COVID-19 pandemic. The court...
SCOTX Sets Hearing Date in Retroactive Statute Case
The Texas Supreme Court will take up a question certified from the U.S. Fifth Circuit regarding the constitutionality of a statute enacted by the Texas Legislature in 2011 as it applies to oral agreements entered into prior to the effective date of the statute....
SCOTX Asks for Merits Briefing on Mental Anguish Damages in Trucking Case
A controversial Dallas Court of Appeals opinion filed in late November 2020 has reached the merits briefing stage at the Texas Supreme Court. In addition to the very significant substantive law issue in the case—what standards must a trial court and jury follow in...
Bench Trial Reset in Winnett v. Frank
Originally set for this Friday, January 7, the bench trial in Winnett v. Frank has been rescheduled for Friday, February 4, at 9:30 am. As you recall, a group of plaintiffs in medical liability cases across the state have sued numerous health care providers...
Houston [1st] Court of Appeals Largely Affirms TC Denial of TCPA Claims
In a case arising from a business relationship between friends gone to pot, the Houston [1st] Court of Appeals has substantially upheld a trial court order denying a motion to dismiss under the Texas Citizens Participation Act (Ch. 27, CPRC). The facts in...