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TCJL Legislative Tracking Report 5-19-23
TCJL Tracked Bill List May 19, 2023 May 20 is the last day for House committees to report Senate bills and joint resolutions. May 21 is the last day for distribution...
San Antonio Court of Appeals Sides with Landowner in Tort Claims Act Case Against a County Commissioner
Jim Wells County Commissioner Rene Chapa ordered a work crew to cut down dozens of trees along County Road 352. The crew entered the property of the Perez Ranch to...
Substitute for HB 5 Laid Out in Senate Committee
At this morning’s Senate Business & Commerce Committee hearing on HB 5, the new school tax incentive program, Chairman Schwertner laid out a substitute...
Austin Court of Appeals Sides with Comptroller in Franchise Tax Refund Case
The Austin Court of Appeals has upheld the comptroller’s denial of a franchise tax refund in a case involving the calculation of “total revenue” for purposes of the...
Fort Worth Court of Appeals Reverses Dismissal of Health Care Liability Claim
The Fort Worth Court of Appeals has reversed a Denton County trial court’s dismissal of a health care liability claim based on the adequacy of plaintiff’s expert...
Houston [1st] Court of Appeals Upholds Discovery Order Compelling NRG’s Former Chief Operating Officer to Give Deposition in Louisiana Case
In a very instructive analysis of the apex-deposition rule, the Houston [1st] Court of Appeals has affirmed a trial court order compelling the former COO of NRG...
SCOTX Holds That Subsequent Purchaser of Home Must Arbitrate Under the Original Purchaser’s Sale Agreement
The Texas Supreme Court has held that the subsequent purchaser of a residence is bound by the arbitration clause in the original buyer’s purchase-and-sale agreement...
SCOTX Affirms Dallas Court of Appeals in Case Involving Construction of a Release
The Texas Supreme Court has affirmed a Dallas Court of Appeals decision holding that a broad form release provision in an acreage swap agreement between oil and gas...
SCOTX Reverses Dallas Court of Appeals in Multi-Million-Dollar Noneconomic Damages Case
The Texas Supreme Court has reversed a Dallas Court of Appeals decision affirming a multi-million-dollar judgment in favor of the plaintiffs in a fatality accident...
Antitrust Enforcement Bill Runs Counter to Conservative Legal Principles (HB 5214)
Earlier this week we reported on House passage of HB 5214, which expands Texas antitrust law by rejecting the so-called “Illinois Brick Doctrine,” which provides...
Important Legislative Deadlines
88th Legislature Regular Session Deadlines for Action Under House and Senate Rules Highlights Monday, May 8, 2023 Last day for House committees to report HBs/HJRs Tuesday, May 9, 2023 Last House daily calendar with HBs/HJRs must be distributed Thursday, May 11, 2023...
SCOTX Rejects Tax Ferret Contract Between ISD and Attorney
In a decision with important implications for taxpayers, the Texas Supreme Court has reversed an El Paso Court of Appeals decision permitting a school district’s appeal of an ARB denial of the district’s challenge of the valuation of certain mineral interests to go...
Amarillo Court of Appeals Holds That Non-Operating Working Interest in Oil-and-Gas Lease May Be Adversely Possessed
Over a dissent, the Amarillo Court of Appeals has ruled that title to a non-operating working interest in a mineral lease may pass by adverse possession. PBEX II, LLC; PBEX Operations, LLC; PBEX Operating, LTD; Word B. Wilson Investments, LP; Primero Energy, LLC;...
Dallas Court of Appeals Rules for Insurer in Attorney’s Fees Case Under 2017 Hailstorm Legislation
In an important decision interpreting Chapter 542A, Insurance Code, enacted by the Legislature in 2017 to curb abuses in claims for property damage arising from hail, wind, or rainstorms, the Dallas Court of Appeals has held that an insurer that pays the amount of the...
TCJL Legislative Tracking Report 5-19-23
TCJL Tracked Bill List May 19, 2023 May 20 is the last day for House committees to report Senate bills and joint resolutions. May 21 is the last day for distribution of a House daily calendar with Senate bills and joint resolutions (by 10 p.m.). May 23 is the last day...
San Antonio Court of Appeals Sides with Landowner in Tort Claims Act Case Against a County Commissioner
Jim Wells County Commissioner Rene Chapa ordered a work crew to cut down dozens of trees along County Road 352. The crew entered the property of the Perez Ranch to execute their orders and cut down trees located entirely on ranch property, as well as on the public...
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TCJL Journal
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
• Eminent Domain
• Oil & Gas Litigation
• Commercial Litigation
• Employment Law
• Construction Law
• Procedure/Discovery/Privilege/Limitations
• Insurance
• Workers Compensation
• Civil Rights
• Court Records, Filing Fees, and Costs
• Judicial Matters
• Jury Matters
• Attorney’s Fees
• Practice of Law
• Landlord-Tenant
• Administrative Procedures
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