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by Litigation
Beaumont Court of Appeals Denies Mandamus Relief, Upholds TC Order Denying Defendant’s Motion to Compel Arbitration in Personal Injury Case
The Beaumont Court of Appeals has denied defendant’s petition for writ of mandamus and affirmed a trial court order denying its motion to compel arbitration in a...
Houston [14th] Court of Appeals Mandamuses Trial Court for Overbroad Discovery Order in Wrongful Death Case
The Houston [14th] Court of Appeals granted mandamus relief to a defendant in a wrongful death case after trial court ordered overbroad and irrelevant discovery. In...
Eastland Court of Appeals Largely Affirms Defense Judgment in Driver’s Suit Against Lyft, Liberty Mutual
The Eastland Court of appeals has for the most part affirmed a trial court order granting summary judgment to Lyft and its insurer, Liberty Mutual, in a case...
15th Court of Appeals Affirms TC Denial of University’s Plea to the Jurisdiction in Breach of Construction Contract Case
The 15th Court of Appeals has turned away an attempt by Texas A&M University to get out of paying the balance of a construction contract for a new building on...
15th Court of Appeals Rules for Manufacturer in Dispute Over Manufacturing Sales Tax Exemption
The 15th Court of Appeals has affirmed a Travis County district court ruling in favor of the taxpayer in a dispute with the Comptroller over the application of the...
SCOTX Reverses Dallas Court of Appeals, Rules That a Tornado is a Windstorm
Almost two years ago we reported on a Dallas Court of Appeals decision holding that a homeowners insurance policy with a special deductible for damage caused by a...
San Antonio Court of Appeals Hands Bexar CAD Major Defeat in Taxpayer Lawsuit
The San Antonio Court of Appeals has dealt the Bexar Central Appraisal District a legal defeat that cost local governments in the county millions of dollars in...
Houston [1st] Court of Appeals Affirms TC Denial of Chapter 74 Motion to Dismiss for Inadequate Expert Report
In this interlocutory appeal, the Houston [1st] Court of Appeals affirmed the trial court’s order denying a motion to dismiss a healthcare liability claim based on...
Corpus Christi Court of Appeals Reverses TC Order Denying Trustee’s TCPA Motion to Dismiss as to Some Claims, Not Others
In this interlocutory appeal, Frost Bank contended the TC erred in denying its motion to dismiss under the Texas Citizens Participation Act (TCPA). Frost Bank v....
SCOTX to Hear Arguments in Big Qui Tam Medicaid Fraud Case
This morning SCOTX will hear oral arguments in a case analyzing the materiality requirements of “false statement” and “omission” claims under the Texas Medicaid...
San Antonio Court of Appeals Rules That Defaulting Defendants Satisfied Craddock Standard, Remands for New Trial
Stricker Construction, LLC v. H&E Equipment Services, LLC (No. 04-24-00751-CV; January 21, 2026) arose from a dispute between a construction company and an equipment dealer. Stricker entered into an agreement with H&E to rent equipment under which H&E...
SCOTX Grants Mandamus Relief, Orders Galveston County Court-at-Law Judge to Render Take-Nothing Judgment for Bell Helicopter in Statute of Repose Case
The Texas Supreme Court has granted Bell Helicopter’s petition for writ of mandamus to compel a Galveston County trial court to render summary judgment in its favor under the federal statute of repose for general aviation aircraft. In re Bell Helicopter Services, Inc....
15th Court of Appeals Holds State Immune from Breach of Lease Claim by Private Landlord
The 15th Court of Appeals, apply a recent ruling in an almost identical case, has held that the State has immunity against a breach of lease claim because the statutory waiver of immunity for “state agencies” does not apply to it. State of Texas, Acting By and Through...
Business Court Dismisses Former LLC Member’s Derivative Claims for Lack of Standing
The Business Court has ruled that a member of an LLC previously compelled to assign his membership interest by court order lacks standing to bring derivative claims on behalf of the LLC. Michael D. Crain, individually and derivatively on behalf of Northern Crain...
14th Court of Appeals Enforces Joint Venture Agreement in Dispute Between Midstream Entities Over Ownership of Fractionator
The 14th [Houston] Court of Appeals has affirmed a trial court summary judgment in a dispute between midstream companies over whether a new fractionator was a joint venture asset. Mont Belvieu Caverns, LLC; Enterprise Products of Texas Operating LLC; and Enterprise...
Houston [1st] Court of Appeals Upholds TC Sanctions in Bad Faith Merger Tax Lawsuit
The Houston [1st] Court of Appeals has upheld a trial court’s sanctions against a New York lawyer for filing a bad faith suit to enjoin the merger of two energy companies in order to extort a settlement. Dr. Robert Corwin, Richard B. Brualdi, and the Brualdi Law Firm,...
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