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More Jobs.
Not Lawsuits.
SCOTX Reverses Dallas Court of Appeals for Second Time in Chapter 95 Case Against Homebuilder
In a case making its second appearance from the Dallas Court of Appeals, the Texas Supreme Court has for the second time reversed the court of appeals’ decision in a...
Corpus Christi Court of Appeals Holds That Claim Against Private Mental Health Facility for Leaving Minor Patient Asleep in Child-Locked Ban Not Subject to Chapter 74
Texas Laurel Ridge Hospital, L.P. d/b/a Laurel Ridge Treatment Center v. Belinda Mainor and Michael Mainor, Individually and as Next Friend of J.B., A Minor Child...
In Rare Rehearing, SCOTX Reverses Course in Wrongful Death Case Arising from Railroad Crossing Accident
Given how rarely the Texas Supreme Court grants motions for rehearing, its decision last December to reopen a wrongful death case struck us as very significant. As...
Austin Court of Appeals Reverses TC Denial of Motion to Compel Arbitration in Dispute Between Elon Musk’s Boring Company and Contractor
The Austin Court of Appeals has sided with The Boring Company, an entity created by Elon Musk in 2017 to tackle urban traffic by digging tunnels for high-speed...
Austin Court of Appeals Sides With the Texas Tribune, Reverses TC Denial of TCPA Motion to Dismiss
In a case arising from a news story involving the founder of a telemedicine business to expand his business by seeking contracts with local governments during the...
SCOTX Overturns Austin Court of Appeals Decision Invalidating PUC’s Approval of ERCOT Emergency Wholesale Pricing Protocol
The Texas Supreme Court reversed an Austin Court of Appeals decision invalidating a PUC order setting market clearing prices at the maximum level in the event of an...
SCOTX Holds That Business Organizations Code Does Not Limit Common Law Liability for Torts Committed by Corporate Officers or Agents
In a potentially important decision regarding the scope of the Business Organization Code’s limitation of individual liability for corporate shareholders or members...
Austin Court of Appeals Affirms Forum Non Conveniens Dismissal in Wrongful Death Action
The Austin Court of Appeals has upheld a Bell County trial court order dismissing a wrongful death case on forum non conveniens grounds. Shirley McDonald v. Transco,...
Applying Statutory Government Standards Defense, SCOTX Reverses Nuclear Verdict in Seatbelt Case
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...
Beaumont Court of Appeals Upholds $50,000 in Attorney’s Fees in UIM Case With Total Damages of $115,000
Farmers Texas County Mutual Insurance Co. v. Floyd Barr (No. 09-22-00321-CV; May 23, 2024) arose from a declaratory judgment act claim against Farmers for UIM...
Houston [1st] Court of Appeals Enforces Arbitration Agreement in Dispute Over Agreement to Settle Employee’s Sexual Assault Claim
The Houston [1st] Court of Appeals has affirmed a trial court order compelling arbitration of an employee’s claim that her employer breached an agreement settling the employee’s claims involving a sexual assault by another employee. Jane Doe v. Occidental Petroleum...
Houston [1st] Court of Appeals Affirms TC Denial of Motion to Arbitrate in Case Involving Online Loan Application
Over an unfiled dissent, the Houston [1st] Court of Appeals has affirmed a trial court denial of a motion to arbitrate a dispute over a loan agreement where an online loan application contained an arbitration clause. Discovery Bank v. Marcus Miller (No....
Houston [1st] Court of Appeals Rules TCPA Inapplicable to Breach of Fiduciary Duty Claim Against Law Firm
The Houston [1st] Court of Appeals has reversed a trial court ruling dismissing an oil and gas producer’s breach of fiduciary duty lawsuit against a prominent Houston law firm. Stephen H. Dernick and David D. Dernick v. Foley & Lardner LLP, successor- in -...
SCOTX Mandamuses Trial Court That Compelled a Defendant to Produce Self-Incriminating Discovery in Violation of Fifth Amendment
The Texas Supreme Court has ordered a trial court to vacate parts of an order granting a motion to compel a defendant’s response to interrogatories that would incriminate him in a separate criminal prosecution. In re Taylor Brock Peters (No. 23-0611; October 4, 2024)...
SCOTX Remands Case to Trial Court That Refused to Consider Responses to Summary Judgment Motions Filed a Day Late
The Texas Supreme Court has held that a trial court abused its discretion when it denied a motion to file a response to a summary judgment tendered one day late where the attorney submitted an affidavit stating that a calendaring error caused the late filing. Georgia...
TCJL, US Chamber Institute for Legal Reform, Lawyers for Civil Justice Respond to TPLF Opposition
September 25, 2024 TCJL, ILR and LCJ filed a letter with Judge Harvey Brown in response to the opposition letter by Hance Scarborough, representing the International Legal Finance Association ("ILFA"). See a comprehensive collection of TPLF documents on the TPLF...
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