Newsroom
SCOTX Reverses Dallas Court of Appeals’ Remand for New Trial
The Texas Supreme Court has reversed a Dallas Court of Appeals ruling that remanded for new trial a case based on a spoliation instruction that Plaintiff asked for and relied on to avoid having to adequately prove its damages. Ron Valk d/b/a Platinum Construction...
Business Court Rules That Company Agreement Required Minority Owner to Transfer Its Member Units Following Sale of 100% of Company
The Business Court has rejected the attempt by a minority equity holder in a limited partnership to block a sale of the entity to a third-party. Energy Founders Fund, LP v. Phillip Daskevich and Cris Curnutt Daskevich (2026 Tex. Bus. 18; April 10, 2026) arose from...
Business Court Rejects Former Director/Member’s Motion to Compel Advancement of Defense Costs
The Business Court has denied a former company director’s motion to compel the advancement of defense costs in a lawsuit brought by entity to whom the director was obliged to transfer his membership units. Energy Founders Fund, LP v. Phillip Daskevich and Cris...
Justices Young, Sullivan, and Hawkins Call for SCOTX to Bolster Bostic’s Proof-of-Dose Requirement in Asbestos Cases
In an opinion concurring with SCOTX’s denial of review of an asbestos case from the Houston [14th] Court of Appeals, Justice Young, joined by Justices Sullivan and Hawkins, called for the Court to clarify that the proof-of-dose requirement for establishing...
Business Court Dismisses Fraud Claims Against Out-of-State Trailer Manufacturer for Lack of Jurisdiction
The Business Court has dismissed a truck and trailer financing company’s fraud claims against an Indiana-based trailer manufacturer for lack of jurisdiction. Daimer Truck Financial Services USA LLC v. Vanguard National Trailer Corporation, CIMC Reefer Trailer,...
15th Court of Appeals Sides with Airline in Dispute With Comptroller Over Application of Franchise Tax to Transportation Revenues
In a case of first impression, the 15th Court of Appeals has held that the federal Anti-Head Tax Act preempts the application of the Texas franchise tax to revenues from an airline’s baggage fees, passenger ticket sales, and freight transportation apportioned to...
SCOTX Mandamuses Trial Court That Granted New Trial to Plaintiff After 11-1 Defense Verdict
The Texas Supreme Court has granted a physician’s petition for writ of mandamus to compel a trial court to vacate its order granting a new trial where the jury returned an 11-1 defense verdict. In re Leo Lapuerta, M.D., F.A.C.S., and The Plastic Surgery Institute...
Austin Court of Appeals Enforces Arbitration Provision, Following TotalEnergies
The Austin Court of Appeals has reversed a trial court judgment on the basis that the parties’ agreement contained an arbitration clause that, by adopting AAA commercial rules, delegated arbitrability to the arbitrator. AutoLotto, Inc. v. Paychex, Inc. (No....
SCOTX Sides With Telecomm Provider in Dispute with San Antonio Electric Utility
The Texas Supreme Court has reversed a Corpus Christi Court of Appeals decision holding that 2005 changes to the Public Utility Regulatory Act did not apply to a 1984 agreement between a telecomm provider and San Antonio’s electric utility governing pole-attachment...
15th Court of Appeals Sides With State in Dispute Over Proceeds of $212.3 Million Medicaid Fraud Settlement
Reversing the trial court, the 15th Court of Appeals has held that the public disclosure exception to the Medicaid fraud statute applied to the claims of three qui tam relators for a share of $212.3 million settlement. State of Texas v. Alexandra Alvarez, Joshua...
Justice Young Invites Litigants to Bring TUFTA Cases to SCOTX
In a statement in connection with SCOTX’s denial of rehearing of a petition for review, Justice Evan Young has invited litigants with disputes implicating the Texas Uniform Fraudulent Transfer Act to bring cases to SCOTX for review. The case at hand, Executive...
SCOTX Reverses San Antonio Court of Appeals Decision Favoring Royalty Owner in Dispute With Operator
In a case that attracted a lot of interest from producers and royalty owners, the Texas Supreme Court has reversed a San Antonio Court of Appeals decision holding that an oil and gas deed that reserved a royalty on minerals “produced from the above described...