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.
Houston [1st] Court of Appeals Affirms TC Denial of Chapter 74 Motion to Dismiss for Inadequate Expert Report
In this interlocutory appeal, the Houston [1st] Court of Appeals affirmed the trial court’s order denying a motion to dismiss a healthcare liability claim based on an inadequate expert report. In Methodist Health Centers and The Methodist Hospital v. Scott Mackender...
Corpus Christi Court of Appeals Reverses TC Order Denying Trustee’s TCPA Motion to Dismiss as to Some Claims, Not Others
In this interlocutory appeal, Frost Bank contended the TC erred in denying its motion to dismiss under the Texas Citizens Participation Act (TCPA). Frost Bank v. Michele Glenn, Individually, Perry Hiller, Individually and as Duly Appointed Administrator of the Estate...
SCOTX to Hear Arguments in Big Qui Tam Medicaid Fraud Case
This morning SCOTX will hear oral arguments in a case analyzing the materiality requirements of “false statement” and “omission” claims under the Texas Medicaid Fraud Prevention Act (TMFPA). The Houston [1st] Court of Appeals reversed and remanded a lower court’s...