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A split panel of the Austin Court of Appeals has remanded a health care liability claim to a Bell County trial court based on the inadequacy of the plaintiff’s expert report required by Chapter 74, CPRC. In a majority opinion by Chief Justice Byrne, the court found...

The presumption of nonliability for products manufactured to meet or exceed mandatory federal safety standards, § 82.008, CPRC, is one of the cornerstones of the 2003 tort reform effort. This provision has come under repeated attack in product liability litigation...

In a decision that Texas businesses who retain national law firms should perhaps be aware of, the Fort Worth Court of Appeals has sided with the New York mega-firm Skadden, Arps in a dispute over discovery related to Skadden’s special appearance motion. In re...

The Texas Supreme Court has ruled in favor of the taxpayer in a dispute with the Comptroller over the taxpayer’s apportionment of gross receipts from services performed in Texas. Sirius XM Radio, Inc. v. Hegar (No. 20-0462) posed the question of whether the monthly...

Nearly a year has passed since the Legislature enacted SB 6, which extends liability protections to health care providers and businesses from lawsuits related to COVID-19. Has the bill been successful in its policy objective to prevent a wave of litigation in Texas...

As you may recall, just a week before the Republican Party of Texas’ 2020 convention was set to commence, Houston First Corporation, which operates the George R. Brown Convention Center, pulled the plug and cancelled its license agreement with the Party. The...

In a per curiam opinion and without hearing oral arguments, the Texas Supreme Court has reversed a divided Dallas Court of Appeals for finding a contract and arbitration clause unenforceable in face of clear contractual language to the contrary. Baby Dolls Topless...

In a case that is more complex than it looks, the Corpus Christi Court of Appeals has held that a claim against the pathologist who performed an autopsy under contract with Hidalgo County did not constitute a health care liability claim subject to Chapter 74, CPRC....

The Texas Supreme Court has reversed the El Paso Court of Appeals and reinstated the trial court’s summary judgment order in SandRidge Energy, Inc. v. Barfield (No. 20-0369). The case involves several issues arising under Chapter 95, CPRC, which generally absolves...

As it did in a parallel case earlier this year, the Third Court of Appeals has affirmed a trial court’s exercise of subject matter jurisdiction and grant of temporary injunctive relief in a suit brough by local governmental entities against the Governor and...

Last week the Texas Supreme Court issued a temporary stay of a Harris County trial court order compelling Kia Motors America to produce reams of documents of questionable relevance to the plaintiff’s product liability claim against the company. In Re Kia Motors...

The Texas Supreme Court issued two opinions addressing the contours of Chapter 74, CPRC, the Texas Health Care Liability Act enacted in 2003 as part of the comprehensive tort reform package. The decisions were handed down on February 25. The first case involves the...