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Dallas Court of Appeals Denies Mandamus Big Dollar Dispute Over Option, Gas Gathering Contract
The Dallas Court of Appeals has declined to mandamus a trial court who realigned the parties to a gas gathering contract dispute three weeks before trial. In re...
SCOTX Denies Review in Constitutional Challenge to City Ordinance Restricting Food Trucks
The Texas Supreme Court has declined to review a case challenging a South Padre Island city ordinance that requires a new food truck vendor to secure the signature...
Austin Court of Appeals Reverses Trial Court Denial of TCPA Motion to Dismiss
In a case stemming from a highly publicized dispute between a dozens of Texas State University students and an apartment complex in San Marcos, the Austin Court of...
SCOTX Reverses Waco Court of Appeals in Contract Dispute
In a per curiam opinion, the Texas Supreme Court, without hearing oral argument, has granted a petition for review and reversed the Waco Court of Appeals’ judgment...
El Paso Court of Appeals Reverses Summary Judgment in Favor of Shell Subsidiary
The El Paso Court of Appeals has revived a lawsuit filed against SWEPI LP, a subsidiary of Royal Dutch Shell. Iskandia Energy Operating, Inc. v. SWEPI LP d/b/a Shell...
Governor Abbott Appoints Three To Harris County Judicial District Courts
Governor Greg Abbott has appointed Aaron Burdette to the 486th Judicial District Court, Lori Ann DeAngelo to the 487th Judicial District Court, and Matthew Peneguy...
SCOTX Mulling TWIA Petition for Review in Judicial Exclusivity Case
The Texas Supreme Court has received merits briefing in a case that could have a significant impact on the way TWIA litigation is handled in Texas courts. Texas...
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Beaumont Court of Appeals Upholds Exclusive Remedy in TWIA Claims
In an important decision reinforcing the 2011 TWIA reforms (HB 3), the Beaumont Court of Appeals has ruled that TWIA cannot be sued for breach of the duty of good...
Austin Court of Appeals Upholds DWC Administrative Penalties Against TPS Fund
The Austin Court of Appeals has affirmed trial court order denying the Texas Political Subdivisions Joint Self-Insurance Fund’s (TPS Fund) plea to the jurisdiction...
Houston [1st] Court of Appeals Pours Out Buzbee Law Firm Attempt to Compel Arbitration in Tortious Interference Case
Handing down a second defeat in the same case, the Houston [1st] Court of Appeals has held that the Buzbee Law Firm cannot invoke arbitration after having aggressively pursued litigation on the merits and failed. Anthony G. Buzbee and Anthony G. Buzbee, LP d/b/a The...
SCOTX Issues Stay in Trucking Case Discovery Dispute
The Texas Supreme Court has granted temporary relief while it considers a petition for writ of mandamus in dispute over a Concho County trial court’s spoliation order in a commercial trucking accident case. In re Tri-National, Inc. (No. 23-081; stay order issued...
SCOTX Mulling Over Dispute Between City and Management District Over Chapter 311 Agreement
A municipal management district and county that contracted with the City of Arcola to develop an 83-acre tract using tax increment financing under Chapter 311, Tax Code, has successfully obtained emergency relief pending a decision of the Houston [1st] Court of...
SCOTX Denies Review in Pair of Major Franchise Tax Cases
Over strenuous objections of business taxpayer organizations, the Texas Supreme Court has denied review of a pair of Austin Court of Appeals’ decisions upholding the Comptroller’s interpretation a 2007 statute dealing with the treatment of proceeds from the sale of...
Dallas Court of Appeals Denies Mandamus Big Dollar Dispute Over Option, Gas Gathering Contract
The Dallas Court of Appeals has declined to mandamus a trial court who realigned the parties to a gas gathering contract dispute three weeks before trial. In re Energy Transfer LP (formerly known as Energy Transfer Operating, L.P.) and ETC Texas Pipeline, Ltd. (No....
SCOTX Denies Review in Constitutional Challenge to City Ordinance Restricting Food Trucks
The Texas Supreme Court has declined to review a case challenging a South Padre Island city ordinance that requires a new food truck vendor to secure the signature of an owner of an existing free-standing food unit on the island in order to be eligible for a permit....
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Summer 2021
Highlights
TCJL 2021 Legislators of the Year
• Senator Kelly Hancock (R-North Richland Hills)
• Senator Brian Birdwell (R-Granbury)
• Senator Lois Kolkhorst (R-Brenham)
• Representative DeWayne Burns (R-Cleburne)
• Representative Joe Deshotel (D-Beaumont)
• Representative Reggie Smith (R-Sherman)
2021 Session Report
• Judicial Reform
• Tort Liability
• Medical Liability
• Product Liability
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Amicus Report
• In Re Leon Paul Savoy
• In Re ExxonMobil
• In Re K&L Auto Crushers and Gothard
• In Re Southwestern Energy
• ExxonMobil v San Francisco
• Plaquemines Parish v Riverwood
• Signature Industrial and Ogden v International Paper
• Brewer v Lennox
• Van Dyke v Builders West
• Texas Mutual v PHI Air Medical
• Khosrow Sadeghian v Jaco
• Hlavinka v HSC
• In re Academy
87th Legislature Shrinks Government Power During Pandemic
Dallas Court Upholds Nuclear Verdict in Product Liability Case
Eminent Domain Reforms Enacted
SCOTX Addresses Paid or Incurred, Medical Expense Affidavits
Redistricting
SCOTX Approves Use of Declaratory Judgment Act, Attorney Fees in UIM Cases
Chairman’s Column
TCJL Board of Directors