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Houston [14th] Court of Appeals Reverses $1.5 Million Punitive Damages Award in Questionable Fraud Lawsuit Over Nonsubscriber Policy
The Houston [14th] Court of Appeals has reversed a $1.5 million punitive damages judgment against a trucking company that procured a nonsubscriber policy for an...
Dallas Court of Appeals Overturns $34 Million Judgment Against Taiwanese Manufacturer for Lack of Jurisdiction
The Dallas Court of Appeals has reversed a $34 million default judgment against a Taiwanese electronics manufacturer. Polaris Electronic Co. Ltd. v. Raspberry 353...
SCOTX Stays Premises Liability Lawsuit Against Hospital to Consider Mandamus Petition in Discovery Dispute
The Texas Supreme Court has granted a hospital management company’s motion for an emergency stay while it considers the company’s petition for writ of mandamus in a...
SCOTX Grants Review of Austin Court of Appeals Decision Affirming Plaintiff’s Judgment in Implied Warranty Case
The Texas Supreme Court has agreed to review an Austin Court of Appeals decision upholding a judgment against an Austin hydraulics company for breach of the implied...
15th Court of Appeals Affirms Dismissal of Biotech Company’s Takings, Tort Claims Against Southwestern Medical Center in Dispute Over Cancer Research
The 15th Court of Appeals has affirmed a trial court order granting Southwestern Medical Center’s plea to the jurisdiction in suit filed by a biotech company whose...
SCOTX Grants Review in Legal Malpractice Case Raising Rule 91a, TCPA Questions
The Texas Supreme Court has granted review of an Austin Court of Appeals decision affirming trial court orders dismissing a legal malpractice case under Rule 91a....
SCOTX Denies Review of Dallas Court of Appeals Decision Remanding Plaintiffs’ Mexican Law Claims Against Dallas-Based Common Carrier
In a case we missed the first time around, the Texas Supreme Court has denied review of a Dallas Court of Appeals decision reversing part of a summary judgment...
15th Court of Appeals Rules for Comptroller in Chapter 313 Case
In a case involving the former Chapter 313 tax limitation statute, the 15th Court of Appeals has affirmed a trial court order granting the Comptroller’s plea to the...
Dallas Court of Appeals Partly Affirms, Partly Reverses and Remands Summary Judgment in Favor of Insurers in COVID-19 Business Interruption Claim
In a case involving policy exclusions purporting to exclude commercial losses stemming from the COVID-19 pandemic, the Dallas Court of Appeals has in large part...
Eastland Court of Appeals Mandamuses Trial Court for Sanctioning Non-Party in Insurance Claim Dispute
The Eastland Court of Appeals has granted a petition for writ of mandamus ordering a trial court to vacate an order levying sanctions against the Texas Property and...
SCOTX Reverses Appraisal Award Based on Evident Partiality Rule
The Texas Supreme Court ha reversed a trial court order confirming an appraisal award where a neutral appraiser failed to disclose prior to his appointment that one of the parties would tip him for the appointment. Kevin Burke, et al. v. Houston PT BAC Office Limited...
Business Court Rejects Oil and Gas Leasholder’s Attempt to Claim Third-Party Beneficiary Status under Waiver Agreement Between Operators
In an opinion by Judge Bullard, the Business Court has granted a defendant operator’s plea to the jurisdiction on the basis that Plaintiff leaseholder was not a third-party beneficiary of an agreement between operators to waive objections to each other’s off-lease...
Business Court Applies Anti-Fracturing Rule to Dismiss Legal Malpractice, Fraud, and Other Claims Added to Case After Removal
The Business Court has dismissed for lack of jurisdiction a legal malpractice claim, as well as numerous fraud and breach of fiduciary duty claims under the anti-fracturing rule, that Plaintiff added to the case after removal from district court. Michael D. Crain,...
Dallas Court of Appeals Affirms Take-Nothing Judgment for Defendants in Wrongful Death Case
The Dallas Court of Appeals has upheld a trial court’s take-nothing judgment in a workplace fatality case in which the jury found that the decedent was 51% responsible for his injury. Maria de los Angeles Rodriguez, Individually and as the Administrator of the Estate...
SCOTX Throws Out Candidate’s Suit to Compel RPT to Put Him on the Ballot
In a per curium opinion, SCOTX has rejected former Justice Steven Wayne Smith’s petition for writ of mandamus seeking placement on the Republican Party primary ballot, despite failing to satisfy the statutory petition requirement. In re Steve Smith (No. 25-1107;...
Fort Worth Court of Appeals Affirms TC Order Denying Chapter 74 Motion to Dismiss for Deficient Expert Report
Based on the health care providers’ failure to preserve their objections to the plaintiffs’ supplemental expert report, the Fort Worth Court of Appeals has had no choice but to affirm a trial court order denying the providers’ motion to dismiss Plaintiffs’ wrongful...
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