No Regulation
by Litigation
Reversing San Antonio Court of Appeals, SCOTX Holds That A Turkey Trot is “Recreational”
In a decision reminiscent of the Dallas Court of Appeals’ pronouncement that a tornado is not a windstorm, the Texas Supreme Court reversed a San Antonio Court of...
SCOTX Upholds “Location of Buyer” Sourcing Rule for Apportioning Texas Receipts Under Franchise Tax
In an important tax decision for the state, the Texas Supreme Court has affirmed an Austin Court of Appeals ruling that upheld a Comptroller rule that governs...
Eastland Court of Appeals Holds That Oilfield Anti-Indemnity Act Does Not Bar Contractor From Enforcing, as Third-Party Beneficiary, Mutual Defense and Indemnification Agreement Between Operator and Oilfield Services Provider
In a case that thoroughly reviews the question of whether the Texas Oilfield Anti-Indemnity Act (Chapter 127) excludes claims by third-party beneficiaries to enforce...
SCOTX Reverses Houston [1st] Court of Appeals Affirmation of $26 Million Award to Fracking Water Supplier in Breach of Contract Case
The Texas Supreme Court has reversed a Houston [1st] Court of Appeals decision affirming a sizable judgment in favor of a fracking water supplier in a breach of...
SCOTX Reverses El Paso Court of Appeals Decision Holding That 1/128 Fixed Royalty Really Meant 1/16 Floating Nonparticpating Interest
The Texas Supreme Court has reversed an El Paso Court of Appeals decision that misapplied the Court’s ruling in Van Dyke v. Navigator Group to find that a deed...
Divided SCOTX Reverses Beaumont Court of Appeals in Important Contractual Indemnity Case
A closely divided Texas Supreme Court has reversed a Beaumont Court of Appeals decision that erroneously applied the express negligence rule to an indemnity...
SCOTX Reverses El Paso Court of Appeals Decision Blocking Landowner from Appealing Groundwater District’s Denial of Party Status
A unanimous Texas Supreme Court has reversed two El Paso Court of Appeals’ decisions holding that it lacked jurisdiction to consider a landowner’s appeal of the...
Houston [14th] Court of Appeals Affirms TC Order Granting Summary Judgment for Employer in Dispute Over Arbitration Agreement
The Houston [14th] Court of Appeals has affirmed a TC order granting an employer’s motion for summary judgment in case in which an arbitrator determined that...
Governor Abbott Appoints Laura Pratt To Seventh Court of Appeals
Governor Greg Abbott appointed Laura Pratt to the Seventh Court of Appeals, Place 2 for a term set to expire December 31, 2026, or until her successor shall be duly...
15th Court: Chief Justice Brister Calls Out Private Litigation Fund’s Qui Tam Action for Perpetrating a “Fraud” and “Privateering” at Expense of the Public
Dissenting from the majority’s decision to deny mandamus relief to a defendant in a Medicaid fraud qui tam lawsuit brought by a private litigation fund, Chief Justice Scott Brister, following up on Justice Evan Young and James Sullivan’s concurring opinion in an...
Texas Business Leaders Release Statement Condemning Outside Interference in Corporate Relocations
AUSTIN, TEXAS – A coalition of leading Texas business trade associations today issued a joint statement strongly objecting to the increasing interference of outside influencers and proxy advisory firms attempting to dissuade companies from redomiciling in the Lone...
SCOTX Reinstates Rule 91a Dismissal of Fraud Claim Against DART Contractor
The Texas Supreme Court has reversed a Dallas Court of Appeals decision throwing out a trial court order dismissing a Rule 91a motion to dismiss a subcontractor’s fraud claim against a contractor hired by DART to provide certain transit services. MV Transportation,...
SCOTX Rules That VELO Pouches Are Taxable as Tobacco Substitutes
In an opinion that significantly affects the growing market for nicotine products that don’t contain tobacco, the Texas Supreme Court has held that VELO pouches, which are made of non-tobacco plant matter soaked with nicotine isolate, are taxable as a “tobacco...
SCOTX Mandamuses Dallas County Trial Court for Denying Insurers’ Motion to Compel Appraisal Under Commercial Property Policy
The Texas Supreme Court has granted a group of insurance companies’ petition for writ of mandamus to compel a Dallas County trial court to grant their motion to compel appraisal in a dispute with three national commercial property owners over damage to a warehouse...
Beaumont Court of Appeals Reverses TC Order Denying Special Appearance of South Carolina Entity in Texas Contract Dispute
The Beaumont Court of Appeals has reversed a trial court order denying the special appearance of a South Carolina defendant from a lawsuit arising out of a contract between Texas entities. Vikor Scientific, LLC v. Kachina Air, Inc., GAO Air, LLC f/k/a GSAIC, LLC,...
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