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Business Court Dismisses Veil-Piercing, Breach-of-Contract Claims Under Rule 91a
The Business Court [Eighth Division] has granted a Rule 91a motion to dismiss veil-piercing and breach-of-contract claims in a dispute between a California-based...
Amarillo Court of Appeals Mandamuses Trial Court for Denying Defendant’s Designation of RPT in Dram Shop Case
The Amarillo Court of Appeals has granted a bar owner’s mandamus petition after the trial court denied its motion for leave to designate a responsible third party....
SCOTX Reverses San Antonio Court of Appeals, Finds Trial Court Committed Harmful Error in Allowing Expert Witness, a Former Judge, to Instruct the Jury About the Law
The Texas Supreme Court has reversed the San Antonio Court of Appeals and remanded for new trial an heirship dispute turning on whether the deceased father had a...
TCJL Files Amicus Brief in Easement by Estoppel Case
TCJL has filed an amicus brief in a case argued before the Texas Supreme Court earlier this week. Boerschig v. Rio Grande Electric Cooperative, Inc. (24-0213) arose...
San Antonio Court of Appeals Affirms TC Denial of TCPA Motion to Dismiss in Oil and Gas Dispute
The San Antonio Court of Appeals has affirmed a trial court’s denial of an oil and gas operator’s TCPA motion to dismiss an adjoining lease owner’s...
El Paso Court of Appeals Grants Permissive Appeal, Rules That Res Judicata Does Not Bar Mineral Interest Owners Suit Against Producer
In a decision on a permissive appeal, the El Paso Court of Appeals has reversed a trial court summary judgment order determining that res judicata does not apply to...
In Concurring Opinion, Justice Young Points To Conflict Between Houston Courts of Appeals on Evidentiary Status of Superseded Admissions
In an opinion concurring with the Texas Supreme Court’s denial of a city’s petition for review in a Tort Claims Act case, Justice Evan Young pointed out a conflict...
In Concurrence, Justice Busby Takes Issue With El Paso Court of Appeals Majority in Subsurface Trespass Case
In a case with significant ramifications for the oil and gas industry which we first reported last January, the Texas Supreme Court has denied review of a split El...
Justice Gunn Advocates Change in Texas Law to Permit Appeal of Trial Court Order for New Trial in Bench Cases
Texas appellate courts have long permitted a party to seek mandamus relief if a trial court set aside a jury verdict and ordered a new trial. But they have also...
Dallas Court of Appeals Rejects Appeal Based on Rule 306 (Definiteness of a Judgment) Insufficiency Argument
The Dallas Court of Appeals has affirmed summary judgment against a defendant in a breach of contract action who complained that the judgment insufficiently...
San Antonio Court of Appeals Affirms Summary Judgment for Possessor in Adverse Possession Case
The San Antonio Court of Appeals has upheld a trial court order granting summary judgment to defendants who acquired title to the disputed property by adverse possession. All Known, Unknown, and Known but Unfound Heirs, Executors, Administrators, Successors, Assigns,...
Amarillo Court of Appeals Reverses $300,000 Judgment in DTPA Case
The Amarillo Court of Appeals has reversed a judgment on a $300,000 verdict for alleged knowing violations of the DTPA. Wolfcreek Minerals, LLC and Brett Duke v. Warren Power & Machinery, L.P. d/b/a Warren Cant and Irock Crushers, LLC (No. 07-24-00056-CV; August...
In Concurring Opinion, Justice Gunn Urges Prohibition on Pretext Instructions
Houston [1st] Court of Appeals Justice David Gunn has urged Texas appellate courts to rule that trial courts do not have discretion to submit pretext instructions that “single out one side’s take on key testimony and prod the jury to find for that side.” Though he...
Waco Court of Appeals Reverses TC Denial of Arbitration in Case Involving Incorporation by Reference Doctrine
The 10th Court of Appeals reversed a trial court order denying the motion to compel arbitration in a breach of contract dispute involving application of the incorporation by reference doctrine. Mitchell Constuction Company, Inc. v. Superior Commercial Concrete, LLC...
SCOTX Rejects Candidate’s Mandamus Petition Seeking Access to GOP Primary Ballot
In the second of two mandamus proceedings, the Texas Supreme Court has rejected a last-ditch effort by Supreme Court candidate David Rogers to land a spot on the GOP primary ballot. The court earlier denied a similar petition for writ of mandamus by former SCOTX...
Houston [1st] Court of Appeals Reverses $46 Million Judgment in Favor of Refinery Owner in Dispute with Contractor Over Indemnity Provision
The Houston [1st] Court of Appeals has held that an indemnity provision in a master contract between a refinery owner and a contractor did not impose a comparative indemnity obligation on the contractor. It thus reversed a $46 million judgment in favor of the owner....
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