Oral argument scheduled in TWIA case

The 14th District Court of Appeals [Houston] has scheduled oral argument in Texas Windstorm Insurance Association v. Dickinson Independent School District on September 14. TCJL filed an amicus brief in this case last week. Although the case is not governed by the TWIA reforms enacted by the Legislature in 2011, TCJL argues that the Court of Appeals should consider the irregularities in the appraisal process in the trial court in light of the reforms and correct what we believe to be egregious abuses of the civil justice system. The case also illustrates the importance of the appellate courts in correcting trial courts that do not follow the law. Legislative reforms are only part of the solution to civil justice reform. If the courts do not properly apply and enforce what the Legislature does, we’re just spinning our wheels.
Want new articles directly to your inbox?
Subscribe to our Publishing Service.
Dallas Court of Appeals Reverses TC Order Vacating $36 Million Arbitration Award
The Dallas Court of Appeals has reversed a trial court order vacating a $36 million arbitration award in a separation dispute between a corporate director and consultant and various investment funds. Sheldon Stein v. Beneficient f/k/a The Beneficient Company Group,...
Houston [1st] Court of Appeals Reverses TRO in Breach-of-Contract Dispute Over Payment for Crude Oil Deliveries
The Houston [1st] Court of Appeals has reversed and remanded a trial court's grant of a TRO freezing the transfer of an energy marketing assets pending determination of a breach-of-contract suit. Axis Energy Marketing, LLC v. Apricus Enterprises, LLC (No....
Justice Boatman Calls on SCOTX to Consider Whether TRCP 251, 252 Apply to Motions for Continuance of a No Evidence Summary Judgment Hearing
In a case in which plaintiffs moved for continuance of a no evidence summary judgment hearing on the basis that their attorney’s death (which defendants knew about and served the deceased lawyer with its motion anyway) left them without inadequate time for discovery,...