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by Litigation
Amarillo Court of Appeals Upholds Jury Finding for Real Estate Investors on Veil-Piercing Theory
The Amarillo Court of Appeals affirmed a judgment based on a jury finding that a real estate developer created corporate entities to shield him from liability for...
Governor Abbott Appoints Don Huffines As Comptroller Of Public Accounts
Governor Greg Abbott today appointed Don Huffines as Comptroller of Public Accounts of Texas. “Don Huffines brings the right mix of business experience and...
Austin Court of Appeals Affirms TC Denial of Plaintiff’s TCPA Motion to Dismiss Claim for Sanctions
The Austin Court of Appeals has affirmed a trial court order denying Plaintiff’s TCPA motion to dismiss a motion for sanctions stemming from the filing of a lawsuit...
Did SCOTX Just Destabilize the Two-Year SOL in Chapter 74 Health Care Liability Actions?
by George Christian The Texas Supreme Court has reversed a Fort Worth Court of Appeals decision holding that a plaintiff’s claims against her counselor were...
SCOTX Reiterates That Nuisance Is Not a Cause of Action, Two-Year SOL Applies to Claims for Nuisance Injury to Property
by George Christian The Texas Supreme Court has granted a popular chain retail store’s petition for review in a case raising the issue of whether the two-year...
SCOTX Affirms Dallas Court of Appeals Reversal of $30 Million Judgment in Fraud Case
by George Christian The Texas Supreme has affirmed a Dallas Court of Appeals decision that overturned a $30 million judgment in a fraud case against a commercial...
SCOTX Holds That Independent Contractors Cannot Use Necessary-Use Exception to Impose Liability on General Contractors, Landowners
by George Christian Reversing a decision by the San Antonio Court of Appeals with significant negative consequences for property owners and general contractors, the...
Dallas Court of Appeals Throws Out UM/UIM Claim Where Plaintiff Didn’t Submit Evidence That the At-Fault Driver Was Uninsured or Underinsured
The Dallas Court of Appeals has affirmed a summary judgment against a pro se plaintiff who failed to prove that his UM/UIM claim was based on the at-fault driver’s...
Divided Dallas Court of Appeals Affirms TC Order Dismissing Plaintiffs’ Claims Under Rule 91a
A divided Dallas Court of Appeals has affirmed a trial court order dismissing claims against Morgan Stanley under Rule 91a. Collingwood USA, Inc. and Collingwood...
Dallas Court of Appeals Affirms Disciplinary Action Against Plaintiff’s Lawyer
The Dallas Court of Appeals has affirmed a judgment disciplining a plaintiff’s lawyer for failing to communicate with his client. Jervan Steven Wiltz v. Commission...
15th Court of Appeals Affirms TC Summary Judgment for Workers’ Compensation Carrier in Benefits Dispute
The 15th Court of Appeals has affirmed summary judgment in favor of a workers’ compensation carrier in a dispute with an injured worker over the scope of her injury. Stephanie Lovings v. American Zurich Insurance Company/Texas Department of Insurance Division of...
15th Court of Appeals Agrees with Trial Court That PUC Amendment to Rate Filing Package for Municipal Transmission Utility Was Arbitrary and Capricious
The 15th Court of Appeals has affirmed a Travis County district court ruling that the PUC violated its own rules when it made a significant change in its Rate Filing Package for municipal transmission facilities without giving public notice and holding a public...
Business Court Tosses Lawsuit Arising Out of Dispute Between Devotees of Indian Saint Sai Baba
The Business Court has granted summary judgment to defendants in a lawsuit brought by trustees who pushed forward with an election to divest the existing board of directors from the management of the temple but didn’t amend the nonprofit corporation’s certificate of...
15th Court of Appeals Rules for Comptroller in Franchise Tax Dispute Over COGS Deduction
The 15th Court of Appeals has affirmed a trial court judgment against two taxpayers whose franchise tax audit resulted in a deficiency. Toro Rojo, Inc. and Casco Hauling and Excavating Co. v. Kelly Hancock, Comptroller of Public Accounts of the State of Texas; and Ken...
15th Court of Appeals Rejects Breach of Contract, Takings Claims Against MD Anderson Based on Sovereign Immunity
The 15th Court of Appeals has reversed a trial court order denying MD Anderson’s plea to the jurisdiction in a suit alleging that it breached a license agreement with a cancer technology research firm. The Board of Regents of the University of Texas System, The...
Business Court Largely Dismisses Lawsuit by Disgruntled Parishioners Against Second Baptist Church of Houston
The Business Court has granted summary judgment to the Second Baptist Church on most claims brought by an association of church members that contested a change in church bylaws regarding the appointment of a new pastor and management of church assets. Jeremiah Counsel...
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