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by Litigation
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...
Dallas Business Court Dismisses Fraud Claim Against Healthcare Lab and Diagnostic Company Based on Limitations
Applying the discovery rule, the Dallas [First Division] Business Court has held that an investment fund brought a fraudulent concealment claim against a healthcare...
Houston [1st] Court of Appeals Reverses $15 Million Judgment Against CenterPoint in Third-Party Liability Case
The Houston [1st] Court of Appeals has reversed a $15 million judgment against CenterPoint Energy in a premises liability case. CenterPoint Energy Houston Electric,...
Houston Business Court Rules in Dispute Over Terms of Natural Gas Purchase and Sale Agreement Arising from Winter Storm Uri
The Houston [11th Division] Business Court has determined that a pipeline term added by the seller of natural gas to a form purchase-and-sale contract was binding on...
Eastland Court of Appeals Takes Two Permissive Appeals, Affirms Two Summary Judgments in Dispute Over Assignment of Mineral Interests
The 11th Court of Appeals has affirmed two partial summary judgements granted by a Midland trial court in a mineral interest dispute that generated two permissive...
SCOTX Grants Review of Corpus Christi Court of Appeals Reversal of Defense Summary Judgment in Slip-and-Fall Case
The Texas Supreme Court has granted review of a Corpus Christi Court of Appeals decision reversing a Bexar County trial court’s grant of summary judgment in favor of...
Divided 15th Court of Appeals Affirms TC Dismissal of Oncor Suit Seeking Review of PUC’s Order in Rate Case
A divided 15th Court of Appeals has dismissed a utility’s petition for judicial review of a PUC rate order on the basis that the utility didn’t file a second motion...
SCOTX Set to Review San Antonio Court of Appeals Decision Applying Easement by Estoppel Rule in Power Line Case
The Texas Supreme Court has granted review of a San Antonio Court of Appeals decision affirming a trial court judgment recognizing an electric co-op’s easement by...
El Paso Court of Appeals Reverses TC for Failing to Comply with SCOTX Mandamus Ruling
The El Paso Court of Appeals has admonished an El Paso district court for failing to comply with a mandamus order issued by the Texas Supreme Court. Rudolph...
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 chemical compound was used by Southwestern researchers under a contract with a third party. Curadev...
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. Amber Carden and William Duncan McGee v. Minton, Bassett, Flores & Carsey, P.C. and John C. Carsey,...
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 against a Dallas-based common carrier on claims asserted under Mexican law. Jose Luis Varela as...
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 jurisdiction in a case in which the Comptroller withdrew a certificate of limitation after the law...
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 reversed and remanded a summary judgment in favor of the excess insurers. While the court upheld summary...
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 Casualty Insurance Guaranty Association (TPCIGA), a non-party to a lawsuit between an insured and its...
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