Newsroom
Houston [1st] Court of Appeals Decides Burden of Proof Issue in Property Tax Appeal
The Houston [1st] Court of Appeals has upheld a trial court judgment that neither the property owner or the appraisal district met its burden of proof in an appeal pursuant to Chapter 42, Tax Code. Providence Town Square Houston, LTD. v. Harris County Appraisal...
SCOTX Denies Mandamus in Eviction Moratorium Case
On December 10 SCOTX denied the landlord’s petition for mandamus. As a reminder, here is our previously published discussion of the case. A case challenging the authority of local courts to ignore the law and deny landlords writs of possession in eviction cases has...
Dallas Court of Appeals Holds Denial of Rule 91a Motion to Dismiss Not Reviewable After Plaintiff Wins Jury Trial
The Dallas Court of Appeals has joined its sister court in Amarillo in holding that the trial court’s denial of a Rule 91a motion to dismiss for failure to state a claim is not reviewable on appeal if the plaintiff proceeds to trial and proves “facts sufficient to...
SCOTX Reverses Course, Grants Review in Case Involving Enforceability of Indemnity Agreement
In a case with massive implications for commercial construction contracts, the Texas Supreme Court is poised to decide whether an indemnitee may enforce an indemnification provision in a construction contract when the indemnitee has settled with parties other than...
Austin Court of Appeals: Insured Can Pursue Extracontractual Claims Against Insurer that Paid Full Benefits Under UM/UIM Policy
In a decision that could further erode SCOTX’s 2006 ruling in Brainard v. Trinity Universal Life Ins. Co., the Austin Court of Appeals has given the green light to an insured to pursue common law bad faith and statutory unfair settlement practices claims against...
SCOTX to Consider Extent of TCEQ’s Obligation to Explain Changes to ALJ Findings of Fact and Conclusions of Law
The Texas Supreme Court has granted review in a case that could have significant implications for TCEQ’s authority to override an administrative law judge’s findings of fact or conclusions of law. Nicky E. Dyer; Flora Harrell; Edgar Hoagland; Shirley Hoagland;...
TCJL Files Amicus Brief in Second CGL Coverage Case Arising from Baytown Refinery Accident
As we reported nearly three months ago, the First Court of Appeals [Houston] handed down a decision in a coverage dispute between an additional insured and CGL carriers that flatly contravenes recent SCOTX precedent. In the related appeals National Union Fire...
SCOTX Grants Mandamus in Paid or Incurred Case Involving Letters of Protection
In a per curiam opinion, the Texas Supreme Court has granted mandamus relief to a relator whose discovery requests for relevant evidence of a health care provider’s negotiated rates for specific services performed on behalf of a plaintiff in a personal injury...
Governor Abbott Appoints Levonius to 481st Judicial District Court
Governor Greg Abbott has appointed Crystal Edmonson Levonius as Judge of the 481st Judicial District Court in Denton County, effective January 1, 2022, for a term set to expire December 31, 2022, or until her successor shall be duly elected and qualified. Crystal...
SCOTX Abates Toyota Case Pending Trial Court Approval of Settlement
Last week the Texas Supreme Court abated Toyota Motor Corporation v. Reavis (No. 21-0575) pending the approval of a settlement agreement between the parties by a Dallas County distrift court. In October TCJL filed an amicus brief asking the Texas Supreme Court to...
Houston [14th] Court of Appeals Allows Property Owners to Proceed Against River Authority on Statutory Takings Claims
The legal ramifications of Hurricane Harvey continue to percolate through the courts. In San Jacinto River Auth. v. Brocker, et al., (No. 14-18-00517-CV), property owners sued SJRA when their houses were flooded by a release of water from Lake Conroe dam. They...
San Antonio Court of Appeals Reverses Grant of Rule 91 Motion to Dismiss
It has been 10 years since the Legislature, as part of the “loser pays” legislation championed by former Governor Rick Perry, directed the Texas Supreme Court to adopt a rule authorizing a trial court to dismiss a cause of action that has no basis in law or fact....