No Regulation
by Litigation
Austin Court of Appeals Rejects Surety’s Limitations Defense, Affirms Trial Court Denial of Its Rule 91a Motion
A divided Austin Court of Appeals has affirmed a trial court order denying a surety’s Rule 91a motion to dismiss on the basis that a county’s claim for performance...
SCAC Set to Take Up TPLF As Other States (Even New York and California!) Move to Regulate the Industry
We understand that the Texas Supreme Court Advisory Committee has placed proposed rule-making concerning third party litigation financing on its August 29 meeting...
Corpus Christi Court of Appeals (Again) Mandamuses Hidalgo County Trial Court in Windstorm Case
Stop us if you’ve heard this before, but the Corpus Christi Court of Appeals has once again mandamused a Hidalgo County trial court (this time a district court) for...
Austin Business Court Denies Antitrust Case Defendants’ Attempt to Shield Customer List from Discovery
The Austin Business Court (Third Division) has denied a motion to reconsider its prior ruling allowing Plaintiff in an antitrust suit to obtain discovery of a...
Corpus Christi Court of Appeals Chastises Hidalgo County JP, County Courts for Exceeding Their Jurisdiction by Resolving Title to Real Property
The Corpus Christi Court of Appeals has reversed a Hidalgo County court’s decision granting a party possession and ownership of commercial property and dismissed the...
Houston [14th] Court of Appeals Rules Highway Contractor Immunity Doesn’t Apply to Accident That Occurred During Construction
In a negligence suit involving the immunity of highway construction contractors employed by TxDOT, the 14th Court of Appeals has ruled that the ultimate...
Tyler Court of Appeals Denies Mandamus Relief in Discovery Dispute in Chapter 74 Health Care Liability Case
In re: Regency HIS of Longview, LLC d/b/a Longview Hill Nursing and Rehabilitation Center (No. 12-25-00082-CV; July 31, 2025) arose from a Chapter 74 health care...
For Second Time in Two Weeks, Corpus Christi Court of Appeals Mandamuses Hidalgo County Court for Ignorning the Law in a Windstorm Case
For the second time in just two weeks, the Corpus Christi Court of Appeals has chastised a Hidalgo County Court judge to follow the law in a windstorm case. In re...
Eastland Court of Appeals Rejects Bad Faith, DTPA Claims in Case Arising from Comprehensive Settlement Agreement under the pre-1989 Workers’ Compensation Statute
The Eastland Court of Appeals has reversed a judgment against a workers’ compensation carrier for bad faith and DTPA violations arising out of a dispute over the...
Corpus Christi Court of Appeals Forced to Mandamus Hidalgo County Court Not Once But Twice in Hailstorm Case
The Corpus Christi Court of Appeals has for the second time conditionally granted an insurer’s petition for writ of mandamus for a Hidalgo County trial court’s abuse...
Dallas Court of Appeals Reverses TC Order Denying Defendants’ Special Appearance in Wrongful Death Case
In a wrongful death suit concerning courts’ personal jurisdiction over non-resident defendants, the Dallas Court of Appeals has reversed a trial court’s order denying Defendants’ special appearance and dismissed the suit for lack of personal jurisdiction. Electronic...
Houston [1st] Court of Appeals Reverses Mental Anguish, Attorney’s Fee Award in Windstorm Case
The Houston [1st] Court of Appeals has thrown out a $300,000 award for mental anguish damages and $250,000 in plaintiff’s attorney’s fees in a Hurricane Harvey roof damage case. Homeowners of America Insurance Company v. Emilio Menchaca (No. 01-23-00633-CV; July 31,...
Governor Abbott Adds Legislation To Special Session #2 Agenda
August 25, 2025 Governor Greg Abbott today sent a message to the Texas Legislature expanding the Special Session #2 agenda to include legislation that will improve public safety and the security of Texas elections. The Special Session #2 additional agenda items...
Fort Worth Court of Appeals Applies BRP-Rotax Decision to Dismiss Product Liability Lawsuit Against Italian Medical Device Manufacturer
SCOTX’s recent opinion in BRP-Rotax GmbH Co. KG v. Shaik (No. 23-0756; June 20, 2025) continues to make the rounds in the intermediate courts of appeal. THD S.p.A. v. Jeffry Allen Pegg and Jennifer Pegg (No. 02-24-00490-CV; July 31, 2025) arose from alleged injuries...
Austin Court of Appeals Rejects Surety’s Limitations Defense, Affirms Trial Court Denial of Its Rule 91a Motion
A divided Austin Court of Appeals has affirmed a trial court order denying a surety’s Rule 91a motion to dismiss on the basis that a county’s claim for performance on the bond was statutorily time-barred. Great American Insurance Company of New York v. Williamson...
SCAC Set to Take Up TPLF As Other States (Even New York and California!) Move to Regulate the Industry
We understand that the Texas Supreme Court Advisory Committee has placed proposed rule-making concerning third party litigation financing on its August 29 meeting agenda. This is certainly timely, given that four states--Colorado, Georgia, Kansas, and Oklahoma--have...
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