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by Litigation
Business Court Rules That Company Agreement Required Minority Owner to Transfer Its Member Units Following Sale of 100% of Company
The Business Court has rejected the attempt by a minority equity holder in a limited partnership to block a sale of the entity to a third-party. Energy Founders...
Business Court Rejects Former Director/Member’s Motion to Compel Advancement of Defense Costs
The Business Court has denied a former company director’s motion to compel the advancement of defense costs in a lawsuit brought by entity to whom the director was...
Justices Young, Sullivan, and Hawkins Call for SCOTX to Bolster Bostic’s Proof-of-Dose Requirement in Asbestos Cases
In an opinion concurring with SCOTX’s denial of review of an asbestos case from the Houston [14th] Court of Appeals, Justice Young, joined by Justices Sullivan and...
Business Court Dismisses Fraud Claims Against Out-of-State Trailer Manufacturer for Lack of Jurisdiction
The Business Court has dismissed a truck and trailer financing company’s fraud claims against an Indiana-based trailer manufacturer for lack of jurisdiction. Daimer...
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...
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...
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...
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...
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...
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...
Waco Court of Appeals Finds That Insurer Has Duty to Defend in Dispute over Coverage in Third-Party Liability Suit
The Waco Court of Appeals has ruled that an insurer had a duty to defend under a CGL policy in a third-party liability case in which the plaintiff’s worker status arguably fell outside a broad exclusion for employee lawsuits. Admiral Insurance Company v. Lippert...
Divided SCOTX Holds That Scope of Utility Easement by Estoppel Is Limited to Original Investment in Poles and Wires
The Texas Supreme Court has reversed a San Antonio Court of Appeals ruling that allowed an electric utility’s to upgrade a power line on an easement acquired in the 1940s. In a 5-4 decision, the Court held that although the utility established that it had an easement...
SCOTX Rules That $25 Million Cap on Amount of Supersedeas Bond Applies on Per Judgment Debtor Basis
In a 5-4 decision, the Texas Supreme Court has held that the $25 million cap on the amount of a supersedeas bond applies on a per judgment debtor basis. TCJL filed an amicus curiae brief in the case arguing that the statute, § 52.006, CPRC, establishes an aggregate,...
Corpus Christi-Edinburg Court of Appeals Rejects County’s, ISD’s Immunity Claims in Disputes with Contractors Hired to Repair Hurricane Harvey Damage
The Corpus Christi-Edinburg Court of Appeals has affirmed three TC orders denying a county’s and ISD’s plea to the jurisdiction in a payment dispute with general contractors over repairs to damage caused by Hurricane Harvey. Aransas County v. NorthStar Recovery...
Beaumont Court of Appeals Mandamuses Trial Court for Refusal to Bifurcate Trial on Policy Benefits, Bad Faith Claims
The Beaumont Court of Appeals has granted an insurer’s petition for writ of mandamus vacating a trial court order denying its motion to bifurcate a trial arising from a dispute over property damage allegedly caused by a hurricane. In re Covington Specialty Insurance...
ILR: British TV series Mr. Bates vs. The Post Office Propels and Third Party Litigation Funding (TPLF)
ITV’s Mr. Bates vs. The Post Office Highlights Problematic TPLF Practices January 22, 2024 In recent weeks, the gripping new British TV series Mr. Bates vs. The Post Office, broadcast by ITV, has propelled third party litigation funding (TPLF) into the spotlight. TPLF...
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