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by Litigation
Fort Worth Court of Appeals Affirms Rule 91a Dismissal of DTPA, Fraud Claims
The Fort Worth Court of Appeals has upheld a trial court order granting Defendants’ Rule 91a motion to dismiss fraud and DTPA claims. The Fort Worth Court of Appeals...
Dallas Court of Appeals Reverses TC Denial of Chapter 74 Motion to Dismiss Negligence and Death Claims Against Hospice Provider
In a medical negligence case of involving the scope of the statutory definition of a health care liability claim, the Dallas Court of Appeals has reversed a trial...
Business Court Awards Specific Performance, Attorney’s Fees in Dispute Over Buy-Sell Option Clause in Company Agreement
The Business Court has granted a defense motion for summary judgment in a dispute over the enforceability of a buy-sell option clause in three nearly identical...
Waco Court of Appeals Decides Case With Competing Trial Court Orders Stating Findings of Facts and Conclusions of Law
In a case raising the issue of the status of conflicting trial court orders stating findings of fact and conclusions of law, the Waco Court of Appeals has held that...
El Paso Court of Appeals Splits Baby in Oil and Gas Dispute, Holds That a Horizontal Wellbore Begins at Kick-Off Point Regardless of Angle
On remand from the Texas Supreme Court, the El Paso Court of Appeals has construed the term “horizontal drilling” in a retained-acreage clause to begin at the point...
Lt. Gov. Patrick Releases First Round of Interim Charges
Lt. Gov. Dan Patrick has issued his first round of interim charges for Texas Senate committees to study in preparation for the 90th Legislature. Lt. Gov. Patrick...
Corpus Christi Court of Appeals Upholds Trial Court’s Application of TRCP 39 (Mandatory Joinder) to Dismiss Royalty Suit
The Corpus Christi Court of Appeals has affirmed a trial court judgment dismissing a royalty owner lawsuit against several producers because the owners didn’t comply...
Houston [1st] Court of Appeals Mandamuses Trial Court for Denying Insurer’s Rule 91a Motion
The Houston [1st] Court of Appeals has mandamused a trial court for denying an insurer’s Rule 91 motion where the insurer timely paid the appraisal award in full. In...
Business Court Rejects Plaintiff’s Claim of Membership in an LLC, Dismisses Claims for Declaratory Relief, Accounting, Breach of Fiduciary Duties, Fraud
Esteban Quintero and ATS Concrete Services, Inc. v. Urban Infrastruction LLC and Anup Tamrakar (No. 25-BC01A-0022’ 2026 Tex. Bus. 3; January 26, 2026) arose from...
El Paso Court of Appeals Affirms TC Denial of Motion to Compel Arbitration Based on FAA Exemption of Transportation Workers
The El Paso Court of Appeals has applied an exemption to the Federal Arbitration Act for transportation workers actively engaged in interstate commerce. In LKQ...
SCOTX Mandamuses Trial Court That Granted New Trial to Plaintiff After 11-1 Defense Verdict
The Texas Supreme Court has granted a physician’s petition for writ of mandamus to compel a trial court to vacate its order granting a new trial where the jury returned an 11-1 defense verdict. In re Leo Lapuerta, M.D., F.A.C.S., and The Plastic Surgery Institute of...
Austin Court of Appeals Enforces Arbitration Provision, Following TotalEnergies
The Austin Court of Appeals has reversed a trial court judgment on the basis that the parties’ agreement contained an arbitration clause that, by adopting AAA commercial rules, delegated arbitrability to the arbitrator. AutoLotto, Inc. v. Paychex, Inc. (No....
SCOTX Sides With Telecomm Provider in Dispute with San Antonio Electric Utility
The Texas Supreme Court has reversed a Corpus Christi Court of Appeals decision holding that 2005 changes to the Public Utility Regulatory Act did not apply to a 1984 agreement between a telecomm provider and San Antonio’s electric utility governing pole-attachment...
15th Court of Appeals Sides With State in Dispute Over Proceeds of $212.3 Million Medicaid Fraud Settlement
Reversing the trial court, the 15th Court of Appeals has held that the public disclosure exception to the Medicaid fraud statute applied to the claims of three qui tam relators for a share of $212.3 million settlement. State of Texas v. Alexandra Alvarez, Joshua...
Justice Young Invites Litigants to Bring TUFTA Cases to SCOTX
In a statement in connection with SCOTX’s denial of rehearing of a petition for review, Justice Evan Young has invited litigants with disputes implicating the Texas Uniform Fraudulent Transfer Act to bring cases to SCOTX for review. The case at hand, Executive...
SCOTX Reverses San Antonio Court of Appeals Decision Favoring Royalty Owner in Dispute With Operator
In a case that attracted a lot of interest from producers and royalty owners, the Texas Supreme Court has reversed a San Antonio Court of Appeals decision holding that an oil and gas deed that reserved a royalty on minerals “produced from the above described acreage”...
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