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More Jobs.
Not Lawsuits.
Houston [1st] Court of Appeals Mandamuses TC For Not Enforcing Forum Selection Clause
The Houston [1st] Court of Appeals has ordered a Harris County district court to dismiss a lawsuit based on a forum selection clause stipulating that disputes...
SCOTX Grants Review in Important Excess Insurance Policy Interpretation Case
In late 2022 we reported on a Houston [14th] Court of Appeals case in which the court rejected the insurer’s argument that an excess policy with a “following form”...
San Antonio Court of Appeals Affirms TC Denial of Motion to Compel Arbitration in Personal Injury Case
Bite Entertainment, LLC d/b/a Urban Air South San Antonio; UATP Management, LLC d/b/a Urban Air Adventure Parks; UATP IP, LLC; UA Attractions, LLC; and Allen Van...
SCOTX Grants Review in Royalty Dispute in Second Go Around
After declining to review a Corpus Christi Court of Appeals’ decision in favor of a royalty owner, the Texas Supreme Court has agreed to hear a second decision from...
Houston [14th] Court of Appeals Throws Out Adverse Possession Claim Involving Railroad Easement Conveyed to the State
The State of Texas v. Miller Machine & Welding, Inc. (No. 14-23-00201-CV; May 7, 2024) arose from an adverse possession claim for title to part of a railroad...
SCOTX Proposes New Rules Enhancing Access to Justice for Low-Income Texans
Faced with a persistent and growing gap between the need for pro-bono legal services and the human and financial resources necessary to provide adequate...
Applying Dominant Jurisdiction Rule, Houston [1st] Court of Appeals Orders TC to Transfer Contract Case Involving Delivery of Contaminated Crude Oil to Midland County
In re Axis Energy Marketing, LLC (No. 01-23-00906-CV; April 23, 2024) arose from a pair of lawsuits stemming from the delivery of allegedly contaminated oil to a...
SCOTX Reverses Trial Court, Court of Appeals Sanctions Against Vexatious Litigant
In a case involving a sitting Travis County district judge and three former justices of the Austin Court of Appeals, the Texas Supreme Court has reversed a decision...
Houston [1st] Court of Appeals Grants Mandmus Ordering TC in Commercial Vehicle Case to Permit Defense Neurological Expert to Examine Plaintiff
In re First Transit, Inc. (No. 01-23-00619-CV; April 23, 2024) arose from a personal injury suit in which Plaintiff alleges injuries received in a collision between...
SCOTX Sides With Austin Court of Appeals, Says Trial Courts Can Hear Taxpayer Challenges to Validity of Agreements with Appraisal Districts
The Texas Supreme Court has resolved a conflict between the Amarillo and Austin Courts of Appeals, affirming the Austin court’s holding that trial courts have...
Following SCOTX, Houston [14th] Court of Appeals Holds That Type A Economic Corporations Do Not Have Governmental Immunity
The Houston [14th] Court of Appeals has ruled that Type A economic development corporations, although their liability is limited by statute, are not entitled to governmental immunity from suit. In Hitchcock Industrial Development Corp. v. Cressman Tubular Products...
SCOTX Grants Emergency Stay in Motion for New Trial Case Where Trial Court Set Aside a Final Judgment Based on Rule 11 Settlement Agreement
The Texas Supreme Court has granted a temporary stay pending consideration of a petition for writ of mandamus in a divorce case in which a trial court granted a party’s motion for new trial after the parties had reached a pair of Rule 11 settlement agreements. The...
SCOTX Denies Mandamus in Case Pitting Powerhouse Appellate Firms
In a case pitting appellate firms who are frequent flyers at the Texas Supreme Court, the Court has denied several defendants’ petition for writ of mandamus that claimed a series of procedural abuses by the trial court in a personal injury action. In re C&J Well...
SCOTX Grants Review of Dallas Court of Appeals Decision Involving Texas Dram Shop Act
The Texas Supreme Court has granted a restaurant’s petition for review of a Dallas Court of Appeals’ decision reversing a summary judgment in its favor. Raoger Corporation d/b/a Cadot Restaurant v. Barrie Myers (No. 05-21-00988-CV; No. 23-0662; granted September 27,...
Governor Abbott Appoints Gunn To First Court Of Appeals
Governor Greg Abbott has appointed longtime appellate lawyer David Gunn to the First Court of Appeals, Place 4, for a term set to expire on December 31, 2026. Gunn replaces Justice April Farris, whom the Governor appointed to the new statewide 15th Court of Appeals....
SCOTX Agrees to Hear Chapter 74 Case Involving Pit Bull Attack at Restaurant
In a somewhat unusual case, the Texas Supreme Court has granted a physician’s petition for review of a Houston [1st] Court of Appeals determination that a claim against the physician based on the physician's letter regarding the suitability of a pit bull as a service...
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