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Texas Senate Term Drawings
TWO YEAR TERMS (2024): Sens. Carol Alvarado (D-Houston), Paul Bettencourt (R-Houston), Cesar Blanco (D-El Paso), Donna Campbell (R-New Braunfels), Sarah Eckhardt (D-Austin), Chuy Hinojosa (D-McAllen), Joan Huffman (R-Houston), Nathan Johnson (D-Dallas), Phil King...
SCOTX To Hear Arguments in Workers’ Compensation Case Venue Dispute
This morning the Texas Supreme Court will hear oral arguments in a venue dispute arising from a workers’ compensation case brought by a former player for the Dallas Cowboys. Great Divide Insurance Company v. Alcus Reshod Fortenberry (No. 21-1047) arose from an...
Dallas Court of Appeals Affirms Dismissal of Employment Discrimination Case
Mark Holloway v. Dallas County Hospital District d/b/a Parkland Health and Hospital System (No. 05-20-01114-CV; issued December 23, 2022) arose from allegations by a former employee of Parkland, who had been outsourced to a contractor that Parkland, discriminated...
Austin Court of Appeals Affirms SOAH Decision in Favor of Workers’ Compensation Carriers and Self-Insured Employers
In a significant victory for the medical cost containment provisions of the workers’ compensation system, the Austin Court of Appeals has affirmed the decision of several administrative law judges denying most of the reimbursement sought by hospitals that perform a...
Austin Court of Appeals Rules in Comptroller’s Favor in Franchise Tax Dispute
The Austin Court of Appeals has upheld a Comptroller rule that governs sourcing of a taxpayer’s gross receipts for purposes of apportioning them to Texas for franchise tax purposes. NuStar Energy, L.P. v. Glenn Hegar, Comptroller of Public Accounts of the State of...
Overflowing State Coffers Will Bust the Constitutional Cap on Rainy Day Fund in 2025
Comptroller Glenn Hegar’s biennial revenue estimate (BRE) for the 2024-25 fiscal biennium reveals something that no one probably ever thought possible: the state’s Economic Stabilization Fund (the so-called “Rainy Day Fund”) will hit its constitutional limit during...
Governor Abbott Appoints Koch To Criminal District Court No. 2 – Dallas County
Governor Greg Abbott has appointed Justin J. “J.J.” Koch to the Criminal District Court No. 2 in Dallas County for a term set to expire on December 31, 2024, or until his successor is duly elected and qualified. Justin J. “J.J.” Koch of Dallas is a former Dallas...
Watch the Deadlines and Read the Rules: Dallas Court of Appeals Dismisses Appeal of TCPA Ruling for Lack of Jurisdiction
In a case that, among other things, demonstrates the consequences of failing to timely file a notice of appeal in an accelerated appeal, the Dallas Court of Appeals has dismissed a plaintiff’s appeal of a trial court order dismissing some of his claims under the...
Dallas Court of Appeals Reverses TC Dismissal of Products Liability Case
The Dallas Court of Appeals has reversed a trial court summary judgment order dismissing a products liability action based on the 15-year statute of repose. Jennifer Parks, Individually and as Guardian of the Person and Estate of Samuel Rivera Gama, and Nicolasa...
TCJL Legislative Tracking Report 1-6-23
TCJL Tracked Bill List Friday, January 6, 2022 The 88th Legislature will convene on Tuesday, January 9. The bill filing period closes on Friday, March 10. To view individual bills, go to Texas Legislature Online – Bill Information...
SCOTX Denies Review in Chapter 74 Case Involving Sufficiency of Expert Report
Earlier today SCOTX denied review of a Houston [1st] Court of Appeals decision allowing a medical malpractice claim against two physicians and their employer hospital to go forward. Jerry M. Keepers, M.D., Eric Kay-Fung Chan, M.D., and Vista Community Medical...
South Carolina Supreme Court Strikes Down Six-Week Abortion Ban
A divided South Carolina Supreme Court has ruled the state’s six-week abortion ban unconstitutional under a privacy protection provision of the South Carolina constitution. Article I, § 10 of that document bars “unreasonable invasions of privacy.” The court held...