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by Litigation
SCOTX Mandamuses Trial Court for Allowing Direct Liability Claim Against Trucking Company’s Customer in Wrongful Death Case
The Texas Supreme Court has granted a shipper’s petition for writ of mandamus after a trial court denied its Rule 91a motion to dismiss a wrongful death plaintiff’s...
Dallas Court of Appeals Affirms Defense Summary Judgment in Wrongful Death Case
The Dallas Court of Appeals has affirmed a Dallas County district court’s order granting summary judgment to an independent contractor and subcontractor in a...
SCOTX Reverses Fort Worth Court of Appeals Application of “Gist Rule” to a Royalty Dispute Involving Mineral Leases in West Virginia
The Texas Supreme Court has reversed a Fort Worth Court of Appeals decision overturning a trial court judgment awarding various equitable remedies to a plaintiff in...
Business Court Denies Defendants’ Motion to Remand Misappropriation of Trade Secrets Dispute to District Court
The Business Court has denied a motion by defendants in a misappropriation of trade secrets dispute to remand the case to the Harris County district court in which...
Business Court Grants Summary Judgment for Plaintiff in Dispute Over Acquisition of Weatherford Apartment Complex
In another of the real estate disputes that appear to be popular in the Business Court, the court has granted summary judgment to Plaintiff that sold a $76 million...
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...
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...
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...
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,...
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...
Houston [1st] Court of Appeals Reverses Dismissal of Workers’ Compensation Claim, Remands to Give Plaintifff Opportunity to Cure Jurisdictional Defects in Petition
The Houston [1st] Court of Appeals has reversed a trial court order dismissing a pro se plaintiff’s attempt to appeal the administrative determination of his workers’ compensation claim and remanded to allow him an opportunity to amend his petition. Esdras Nehemias...
Houston [1st] Court of Appeals Reverses Rule 91a Dismissal, Remands Contractor’s Breach of Policy and Extracontractual Claims Against Insurer
In a case that demarcates the boundary between Rule 91a (dismissal for failure to state a claim) and Rule 166a (summary judgment), the Houston [1st] Court of Appeals has reversed a trial court dismissing a contractor’s breach of contract and extracontractual claims...
Fort Worth Court of Appeals Affirms Dismissal of Lawsuit Against City of Arlington, Texas Rangers Over Baby Picture Included in Tribute to Plaintiff’s Great-Grandfather at Public Golf Course
The Fort Worth Court of Appeals has affirmed a Rule 91a dismissal of a Plaintiff’s suit against the City of Arlington and the Texas Rangers. The suit alleged that the City and the team profited from the use of an old newspaper article in which Plaintiff’s...
A Word from Chief Justice Scott Brister
Excerpt from Texas Civil Justice League Journal Summer 2026 Article by Chief Justice Scott Brister of the 15th Court of Appeals
New Statewide Court of Appeals Is a Boon to Texas Business and Industry
In 2023 the Texas Legislature created a new intermediate appellate court with statewide jurisdiction, the Fifteenth Court of Appeals. The court’s initial term began on September 1, 2024. The court has exclusive intermediate appellate jurisdiction over the...
Believe in the Rule of Law? Then Prove It.
Believe in the Rule of Law? Then Prove It by Supporting Texas Supreme Court, 15th Court of Appeals, and Intermediate Appellate Justices in Their Campaigns If you don’t read anything else in this newsletter, please read this. The matter is too serious to overlook or...
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