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Houston [14th] Court of Appeals Affirms Denial of Special Appearance in Jones Act Case
A Jones Act case involving an injury to a Louisiana resident in Louisiana will proceed in a Harris County district court, according to a recent opinion by the Houston [14th] Court of Appeals. Marquette Transportation Company, LLC and Marquette Transportation...
TCJL Legislative Tracking Report 1-20-23
TCJL Tracked Bill List Friday, January 20, 2022 The bill filing period closes on Friday, March 10. To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx New bills appear in red. New Causes of Action HB 319...
Houston [14th] Court of Appeals Holds That Insurer Waived Special Appearance
The Houston [14th] Court of Appeals has affirmed a trial court denying defendant’s special appearance on the basis that defendant waived its special appearance when it asked for and received a hearing on its forum non conveniens motion prior to hearing the special...
SCOTX Reverses Amarillo Court of Appeals in Discovery Rule Case
In a per curiam opinion delivered last week, the Texas Supreme Court has reversed an Amarillo Court of Appeals decision holding “that the discovery rule delays accrual and limitations until the claimant also knows of the wrongful acts and actors, without requiring...
Proposed Legislation Defines Certain Theaters as Sexually-Oriented Businesses (HB 643, HB 708, HB 1266, SB 476)
Theaters that stage performances of certain plays by William Shakespeare would be defined as “sexually oriented businesses” under four identical bills introduced thus far. HB 643, HB 708, HB 1266, and SB 476 would amend § 243.002, Local Government Code, to subject...
Can Texas Prosecute Providers of Medical Treatments Legal in Other States But Criminalized in Texas?
One of the lightning-rod issues likely to energize legislative debate this session involves a highly complex and arcane question of federal constitutional law: can Texas prosecute someone for receiving, performing, or “aiding and abetting” medical treatment that is...
Corpus Christi Court of Appeals Dismisses Case for Failure to File Certificate of Merit
In a case concerning the definition of the practice of engineering for purposes of Chapter 150, CPRC, the Corpus Christi Court of Appeals has reversed a trial court order denying an engineering firm’s motion to dismiss because plaintiff failed to file a certificate...
San Antonio Court of Appeals Throws Out Sanctions Award Under TCPA
The San Antonio Court of Appeals has reversed a trial court award of attorney’s fees against a party for seeking dismissal of the other party’s motion for monetary sanctions. Whataburger Restaurants LLC and Crystal Krueger v. Sadok Ferchichi and Martina Coronado...
Corpus Christi Court of Appeals Allows Defamation Claims Involving Prominent Pop Star to Proceed
In a case that has been shuttling between trial and appellate courts since 2009, the Corpus Christi Court of Appeals has ruled that Gloria de Los Angeles Trevino Ruiz, known also as Gloria Trevi, can proceed on some of her defamation claims against several Mexican...
Responding to Fifth Circuit, SCOTX Says No Implied Cause of Action Under Insurance Code’s Emergency Care Statutes
The Texas Supreme Court has ruled that a pre-2020 statute requiring health benefit plans to pay out-of-network emergency care providers at “usual and customary” rates does not imply a private cause of action by providers that dispute the amount of reimbursement for...
San Antonio Court of Appeals Enforces Arbitration Case in Personal Injury Case
In a case raising the question of whether plaintiff employee sued a non-signatory to an arbitration agreement between the employee and his employer to avoid the agreement, the San Antonio Court of Appeals has reversed a trial court order denying the employer’s...
Noting the TCPA “Morass,” Dallas Court of Appeals Reverses Award of Attorney’s Fees for Frivolous TCPA Motion
In an opinion by Justice Goldstein, the Dallas Court of Appeals said out loud what virtually every other trial and appellate court judge or justice might on occasion think themselves: the TCPA’s aspiration may be “laudable, its application has been stretched to the...