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by Litigation
Houston [14th] Court of Appeals Reverses TC Award of Prejudgment Interest in Excess of UIM Policy Limits
The Houston [14th] Court of Appeals has affirmed a trial court judgment in favor of the insured in a UIM case but reversed the trial court’s award of prejudgment...
15th Court of Appeals Reverses TC Mandamus to Force DPS to Disclose Materials Related to Uvalde Shooting to News Organizations
The 15th Court of Appeals has reversed a summary judgment for news organizations that made Public Information Requests for all materials, current and future,...
15th Court of Appeals Affirms TC Reversal of TCEQ Decision to Issue Water-Rights Permit to Guadalupe-Blanco River Authority
The 15th Court of Appeals has affirmed a trial court ruling reversing TCEQ’s decision to grant a water-rights permit to a river authority for a substantial diversion...
Divided Houston [14th] Court of Appeals Holds That Third-Party Coverage Defendants in South Carolina Asbestos Case Have Standing to Appeal as Post-Judgment Intervenors in Texas Foreign Order Domestication Proceeding
Over a dissent, the Houston [14th] Court of Appeals has held that two insurers of a long dissolved Texas corporation facing an asbestos-related wrongful death suit...
Business Court Splits Baby in Dispute Over Settlement Proceeds in Suit Between Eagleford Gas Producers
Following the second-ever trial held in the Business Court, the court determined that a squabble over allocation of the proceeds (and responsibility for paying...
El Paso Court of Appeals Reverses TC Order Denying Medical Provider’s Objections to Plaintiffs’ Expert Reports
The El Paso Court of Appeals has returned a case to the trial court for erroneously overruling a home health care provider’s objections to Plaintiffs’ expert...
In Case of First Impression Dallas Court of Appeals Hears Relator’s Motion for Rehearing Where It Dismissed Relator’s Original Proceeding as Moot
In a case of first impression, the Dallas Court of Appeals heard a relator’s motion for rehearing following its dismissal of the relator’s petition for writ of...
Dallas Court of Appeals Reverses $12 Million Judgment, $700,000 Attorney’s Fee Award in Construction Contract Dispute
The Dallas Court of Appeals has reversed a $12 million judgment against a property owner and surety, along with $700,000 in attorney’s fees, in a breach of contract...
In Case of First Impression, Houston [14th] Court of Appeals Rules That Forum Non Conveniens Statute Does Not Permit Trial Courts to Consider Plaintiff’s Change of Residency to Texas After Suit is Filed
In a case of first impression, the Houston [14th] Court of Appeals has held that courts may not determine whether a plaintiff is a legal resident of Texas for...
Houston [14th] Court of Appeals Upholds Punitive Damages Award in Defamation Case
The Houston [14th] Court of Appeals has upheld a punitive damages award in a defamation case arising from a business split between insurance agents. Leonard Amell,...
Austin Court of Appeals Reversed TC Dismissal of Nuisance Claim Against Landowners Who Leased Property for Construction of Battery Storage System
The Austin Court of Appeals has reversed a trial court order dismissing a negligent nuisance claim against landowners who leased property to a subsidiary of Samsung for construction of a battery energy storage system. Jim Clements, Guadalupe Gutierrez, Cynthia...
Corpus Christi-Edinburg Court of Appeals Throws Out Lawsuit Filed by Parent Angry That Daughter Was Selected as Co-Captain of Cheer Team, Not Sole Captain
We know what you’re thinking, but this is not an April Fool’s joke. The Corpus Christi Court of Appeals has thrown out a lawsuit filed by a parent of a high-schooler who was named co-captain of her cheer team, instead of sole captain. La Joya Independent School...
Austin Court of Appeals Reverses TC Order Denying Motion to Transfer Venue in Dispute Over Royalties from Groundwater Leases
The Austin Court of Appeals has reversed a Travis County trial court’s denial of a defendant’s motion to transfer venue in a dispute over allegedly unpaid royalties on groundwater leases in Burleson and Milam Counties. The court held that the mandatory venue statute,...
Business Court Denies Summary Judgment for Plaintiffs in Loan Dispute Between Family Office and Investment Broker
The Business Court has largely denied an investor and her family office’s summary judgment motion against an investment broker who got sideways with the office over allegedly unauthorized investments. Jean Christine Thompson and Thompson Petroleum Corporation v....
Business Court Finds No Joint Venture, Non-Manager Fiduciary Duties in Real Estate Development Suit Involving Several LLCs
In one of those superb features of the Business Court—a Joint Advisory on Early Legal Issues—the court has disposed of two of Plaintiffs’ theories alleging joint venture and breach of fiduciary duties. Enosis Investments, LLC, et al. v. Brett Jensen, et al.; Brett...
SCOTX Upholds DSHS Commissioner’s Decision to Keep Delta-8-THC Off Limits
In a closely watched and highly contentious case with enormous impact on businesses across the state, the Texas Supreme Court has reversed a Travis County trial court’s injunction blocking the Department of Health Services from enforcing its decision to consider...
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