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by Litigation
Dallas Court of Appeals Reverses and Remands TC Denial of Landscape Architect’s Motion to Dismiss for Plaintiff’s Failure to File Certificate of Merit
The Dallas Court of Appeals has reversed a trial court order denying a landscape architect’s motion to dismiss Plaintiff’s wrongful death action based on Plaintiff’s...
Texarkana Court of Appeals Reverses Substantial Default Judgment in Property Damage Case
The Texarkana Court of Appeals has reversed a default judgment entered against a defendant whom the plaintiff failed to serve with an amended petition that added a...
Amarillo Court of Appeals Throws Out Suit Challenging Constitutionality of Requiring A License to Practice Law
The Amarillo Court of Appeals has held that a plaintiff who wanted to represent clients in probate court without bothering to obtain a law license does not have...
El Paso Court of Appeals Dismisses Neighbors’ Claims Against Real Estate Developer for Negligent Nuisance on Ripeness Doctrine
The El Paso Court of Appeals has applied the ripeness doctrine to dismiss neighboring landowners’ suit against a real estate developer for negligent nuisance....
Beaumont Court of Appeals Enforces Forum-Selection Clause in Dispute Between Missouri Franchisor and Texas Franchisee
The Beaumont Court of Appeals has overturned a trial court order denying a Missouri-based franchisor’s motion to dismiss an application for a TRO brought by its...
A Primer on Standing Doctrine
Excerpt from the TCJL Journal Summer 2026, by George Christian (Full PDF here) - The enactment of SB 8 in 2023 and subsequent legislation allowing members of...
2026 TCJL Amicus Report
Excerpt from TCJL Journal Summer 2026 (full Journal pdf): The year 2025 was a fairly standard year for the amicus program. We filed seven briefs, five in the Texas...
Waco Court of Appeals Reverses TC Summary Judgment Against Operator in Dispute with Contractor
The Waco Court of Appeals has reversed a trial court summary judgment against an oil and gas company owned by former State Senator Steve Ogden in a dispute over...
Eastland Court of Appeals Affirms Defense Summary Judgment in Case of Wal-Mart Customer’s Murder in Parking Lot
The Eastland Court of Appeals has affirmed a trial court order granting summary judgment to Wal-Mart and Greyhound in a case in which a Wal-Mart customer was...
Tyler Court of Appeals Affirms TC Denial of Chapter 74 Motion to Dismiss Health Care Liability Claim for Inadequate Expert Report
The Tyler Court of Appeals has affirmed a trial court order denying a physician’s motion to dismiss a health care liability claim based on an inadequate expert...
SCOTX Holds That Independent Contractors Cannot Use Necessary-Use Exception to Impose Liability on General Contractors, Landowners
by George Christian Reversing a decision by the San Antonio Court of Appeals with significant negative consequences for property owners and general contractors, the Texas Supreme Court has ruled for the first time that independent contractors may not recover in...
Dallas Court of Appeals Throws Out UM/UIM Claim Where Plaintiff Didn’t Submit Evidence That the At-Fault Driver Was Uninsured or Underinsured
The Dallas Court of Appeals has affirmed a summary judgment against a pro se plaintiff who failed to prove that his UM/UIM claim was based on the at-fault driver’s insurance status. Alvin Jones v. Progressive Insurance (No. 05-25-00231-CV; April 7, 2026) arose from a...
Divided Dallas Court of Appeals Affirms TC Order Dismissing Plaintiffs’ Claims Under Rule 91a
A divided Dallas Court of Appeals has affirmed a trial court order dismissing claims against Morgan Stanley under Rule 91a. Collingwood USA, Inc. and Collingwood Brookshire USA, Inc. v. Morgan Stanley & Co., LLC (No. 05-24-00629-CV; April 10, 2026) arose from a...
Dallas Court of Appeals Affirms Disciplinary Action Against Plaintiff’s Lawyer
The Dallas Court of Appeals has affirmed a judgment disciplining a plaintiff’s lawyer for failing to communicate with his client. Jervan Steven Wiltz v. Commission for Lawyer Discipline (No. 05-25-00994-CV; April 14, 2026) stemmed from a grievance filed by a family...
Dallas Court of Appeals Reverses and Remands TC Denial of Landscape Architect’s Motion to Dismiss for Plaintiff’s Failure to File Certificate of Merit
The Dallas Court of Appeals has reversed a trial court order denying a landscape architect’s motion to dismiss Plaintiff’s wrongful death action based on Plaintiff’s failure to file a certificate of merit. LandDesign, Inc. v. Johnathan Postell, Individually and as...
Texarkana Court of Appeals Reverses Substantial Default Judgment in Property Damage Case
The Texarkana Court of Appeals has reversed a default judgment entered against a defendant whom the plaintiff failed to serve with an amended petition that added a more “onerous” cause of action. It further reversed damages, attorney’s fees, and sanctions awards for...
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