Newsroom
City of Austin’s CodeNEXT Requires Compliance with Statutory Notice and Protest Provisions, Court of Appeals Says
For those of us who reside in the Capitol City, the long saga of the city’s expensive and bitterly contested effort to overhaul its land development code is a source of extreme angst to some and endless entertainment for others. The most recent shoe to drop is the...
Houston Court of Appeals [14th] Rules That Texas Has Specific Jurisdiction over Facebook in Sex-Trafficking Lawsuit
In an important decision concerning whether global social media companies may be haled into Texas courts to answer for alleged statutory violations, the 14th Court of Appeals has affirmed a trial court order denying Facebook’s special appearance. Facebook, Inc. v. ...
El Paso Court of Appeals Oks Tax Ferret Contract Between ISD and Attorney
In a decision with potentially important implications for taxpayers, the El Paso Court of Appeals has reversed a trial court order dismissing a school district’s appeal of an ARB denial of the district’s challenge of the valuation of certain mineral interests. In...
Eight-liners Are Unconstitutional Lotteries, Fort Worth Court of Appeals Holds
In a blow to the gambling industry and slot-machine lovers everywhere, the Fort Worth Court of Appeals has ruled that eight-liner machines are unconstitutional under Art. III, § 47, which affirmatively requires the Legislature to pass laws prohibiting lotteries. If...
Houston Court of Appeals [14th] Affirms Denial of TCPA Motion to Dismiss in Environmental Contamination Case
Parallel with its sister court, the Fourteenth Court of Appeals has held that the Texas Citizens Participation Act (Chapter 27, CPRC) does not apply to plaintiffs’ suit against a railroad for personal injury claims based on the railroad’s alleged contamination of...
Houston Court of Appeals [1st] Affirms Denial of TPCA Motion to Dismiss Under 2019 Amendments
In a signal victory for proponents of the 2019 amendments to the Texas Citizens Participation Act (Chapter 27, CPRC), the First Court of Appeals in Houston applied the new law to affirm a trial court’s denial of a motion to dismiss a property owner’s lawsuit...
SCOTX Accepts Review in Oil and Gas Lease Interpretation Case
In a case with potentially far-reaching implications for the oil patch, the Texas Supreme Court has granted review of a decision of the Corpus Christi Court of Appeal construing an add-back provision in an oil and gas lease as entitling the lessor to royalties on...
SCOTX Avoids Standing Issue in “Save Chick-fil-A” Case
Partially overturning a decision of the San Antonio Court of Appeals, the Texas Supreme Court has sent the case seeking to enforce the so-called “Save Chick-fil-A Act” back to the trial court so that the plaintiffs may replead jurisdictional facts. In Patrick Van...
Senate Interim Charges
Dan Patrick Lieutenant Governor of Texas President of the Senate FOR IMMEDIATE RELEASE Monday, April 4, 2022 CONTACT: 512-463-0715 Lt. Gov. Dan Patrick Releases 2022 Interim Charges to the Texas Senate AUSTIN – Lt. Gov. Dan Patrick has asked committees of the...
Texas Hispanic Policy Foundation: Statewide Runoff and General Election Poll
This report draws on a March (18-28) 2022 survey of 1,435 Texas registered voters and examines the vote intention for the November 2022 races for Texas governor, lieutenant governor and attorney general and for the May 2022 Democratic lieutenant governor and...
SCOTX Takes Chapter 74 Health Care Liability Case from Dallas Court of Appeals
In yet another case of murky dealings in the Dallas Court of Appeals, SCOTX has accepted review of split en bancdecision involving whether a plaintiff’s wrongful death claim comes under Chapter 74 and thus requires an expert report. Collin Creek Assisted Living...
Tyler Court of Appeals Rules Slip-and-Fall in Nursing Home Not a Health Care Liability Claim
Ordinarily we would not report on a case that appears to be a straightforward application of Chapter 74’s definition of a health care liability claim, but a recent Tyler Court of Appeals opinion caught our attention because it appears to have involved, whether...