No Regulation
by Litigation
15th Court of Appeals Reverses TC Mandamus to Force DPS to Disclose Materials Related to Uvalde Shooting to News Organizations
The 15th Court of Appeals has reversed a summary judgment for news organizations that made Public Information Requests for all materials, current and future,...
15th Court of Appeals Affirms TC Reversal of TCEQ Decision to Issue Water-Rights Permit to Guadalupe-Blanco River Authority
The 15th Court of Appeals has affirmed a trial court ruling reversing TCEQ’s decision to grant a water-rights permit to a river authority for a substantial diversion...
Divided Houston [14th] Court of Appeals Holds That Third-Party Coverage Defendants in South Carolina Asbestos Case Have Standing to Appeal as Post-Judgment Intervenors in Texas Foreign Order Domestication Proceeding
Over a dissent, the Houston [14th] Court of Appeals has held that two insurers of a long dissolved Texas corporation facing an asbestos-related wrongful death suit...
Business Court Splits Baby in Dispute Over Settlement Proceeds in Suit Between Eagleford Gas Producers
Following the second-ever trial held in the Business Court, the court determined that a squabble over allocation of the proceeds (and responsibility for paying...
El Paso Court of Appeals Reverses TC Order Denying Medical Provider’s Objections to Plaintiffs’ Expert Reports
The El Paso Court of Appeals has returned a case to the trial court for erroneously overruling a home health care provider’s objections to Plaintiffs’ expert...
In Case of First Impression Dallas Court of Appeals Hears Relator’s Motion for Rehearing Where It Dismissed Relator’s Original Proceeding as Moot
In a case of first impression, the Dallas Court of Appeals heard a relator’s motion for rehearing following its dismissal of the relator’s petition for writ of...
Dallas Court of Appeals Reverses $12 Million Judgment, $700,000 Attorney’s Fee Award in Construction Contract Dispute
The Dallas Court of Appeals has reversed a $12 million judgment against a property owner and surety, along with $700,000 in attorney’s fees, in a breach of contract...
In Case of First Impression, Houston [14th] Court of Appeals Rules That Forum Non Conveniens Statute Does Not Permit Trial Courts to Consider Plaintiff’s Change of Residency to Texas After Suit is Filed
In a case of first impression, the Houston [14th] Court of Appeals has held that courts may not determine whether a plaintiff is a legal resident of Texas for...
Houston [14th] Court of Appeals Upholds Punitive Damages Award in Defamation Case
The Houston [14th] Court of Appeals has upheld a punitive damages award in a defamation case arising from a business split between insurance agents. Leonard Amell,...
Business Court Finds Jurisdiction in Royalty Dispute Over Frac Sand Sales
The Business Court has ruled that it has jurisdiction over a breach of contract action involving a frac sand company’s alleged failure to pay royalties to a sales...
15th Court of Appeals Sides with Airline in Dispute With Comptroller Over Application of Franchise Tax to Transportation Revenues
In a case of first impression, the 15th Court of Appeals has held that the federal Anti-Head Tax Act preempts the application of the Texas franchise tax to revenues from an airline’s baggage fees, passenger ticket sales, and freight transportation apportioned to...
SCOTX Mandamuses Trial Court That Granted New Trial to Plaintiff After 11-1 Defense Verdict
The Texas Supreme Court has granted a physician’s petition for writ of mandamus to compel a trial court to vacate its order granting a new trial where the jury returned an 11-1 defense verdict. In re Leo Lapuerta, M.D., F.A.C.S., and The Plastic Surgery Institute of...
Austin Court of Appeals Enforces Arbitration Provision, Following TotalEnergies
The Austin Court of Appeals has reversed a trial court judgment on the basis that the parties’ agreement contained an arbitration clause that, by adopting AAA commercial rules, delegated arbitrability to the arbitrator. AutoLotto, Inc. v. Paychex, Inc. (No....
SCOTX Sides With Telecomm Provider in Dispute with San Antonio Electric Utility
The Texas Supreme Court has reversed a Corpus Christi Court of Appeals decision holding that 2005 changes to the Public Utility Regulatory Act did not apply to a 1984 agreement between a telecomm provider and San Antonio’s electric utility governing pole-attachment...
15th Court of Appeals Sides With State in Dispute Over Proceeds of $212.3 Million Medicaid Fraud Settlement
Reversing the trial court, the 15th Court of Appeals has held that the public disclosure exception to the Medicaid fraud statute applied to the claims of three qui tam relators for a share of $212.3 million settlement. State of Texas v. Alexandra Alvarez, Joshua...
Justice Young Invites Litigants to Bring TUFTA Cases to SCOTX
In a statement in connection with SCOTX’s denial of rehearing of a petition for review, Justice Evan Young has invited litigants with disputes implicating the Texas Uniform Fraudulent Transfer Act to bring cases to SCOTX for review. The case at hand, Executive...
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