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by Litigation
SCOTX Reverses Houston [14th] Court of Appeals Decision Declining to Dismiss Suit Against City Based on Emergency Exception to Tort Claims Act
The Texas Supreme Court has reversed a Houston [14th] Court of Appeals decision that a plaintiff in a personal injury action against the City of Houston raised a...
Houston Business Court Considers Standard of Proof for Separate Attorney’s Eyes Only Designation in Protective Orders
The Houston-area business court [Eleventh Division] has issued an opinion setting out how to apply a balancing test to the question of (1) whether a protective order...
SCOTX Rules That District Court, Not Workers’ Comp Division, Determines Whether Alleged Injury is Work-Related if Employee Didn’t File Claim Raising the Issue
Affirming the Corpus Christi Court of Appeals, the Texas Supreme Court has held that district courts, rather than the Workers’ Compensation Division, have...
SCOTX to Review San Antonio Court of Appeals Decision Holding That Running, Jogging, and Walking Are Not Recreational
In a decision reminiscent of the Dallas Court of Appeals’ pronouncement that a tornado is not a windstorm, the Texas Supreme Court has granted the City of San...
SCOTX Splits 5-4 in Case Stemming from Service Dog Attack on Child
In a case we reported last October, the Texas Supreme Court has affirmed a Houston [1st] Court of Appeals determination that a claim against the physician based on...
Senate Version of Federal Tax Bill Imposes Tax on TPLF Proceeds
Whatever one thinks about the policy of allowing huge hedge funds, some of which are foreign-owned, monetize our court system through third-party litigation funding...
Sponsor the TCJL 39th Annual Meeting & CLE on November 5, 2025
TCJL 39th Annual Meeting & CLE on November 5, 2025 Wednesday, November 5, 2025 Headliners Club 221 West 6th Street...
SCOTX Grants Review in Case Involving Constitutionality of Chapter 380 Economic Development Grant
The Texas Supreme has granted a financial institution’s petition for review of a Waco Court of Appeals decision upholding the termination of a Chapter 380 economic...
Justice Young Invites Reconsideration of SCOTX’s Interpretation of Tort Claims Act Jurisdictional Notice Requirement
In an opinion concurring with the Texas Supreme Court’s denial of a petition for review, Justice Evan Young and three of his colleagues have called for a...
HB 3441 (Vaccine Advertising Ban) Faces Long Constitutional Odds Under SCOTUS First Amendment Jurisprudence
As we reported numerous times this session, legislation was proposed and ultimately enacted imposing civil liability on a vaccine manufacturer for advertising a...
Texas Supreme Court Finds No Jurisdiction in Products Liability Case Against Foreign Manufacturer of Fuel Pumps
The Texas Supreme Court has reversed a Corpus Christi Court of Appeals decision affirming a trial court order denying the special appearance of a South Korean parts manufacturer of an allegedly defective fuel pump. Hyundam Industrial Company, Ltd. v. Paul Swacina, as...
SCOTX Finds No Jurisdiction Over Austrian Aircraft Engine Manufacturer in Product Liability Lawsuit
In a case in which TCJL filed an amicus curiae brief in support of an Austrian aircraft-engine manufacturer in a product liability suit, SCOTX has reversed a Dallas Court of Appeals’ decision that Texas courts had no specific jurisdiction over the manufacturer by...
SCOTX Establishes Standard for Recovery of Equitable Monetary Damages in Breach of Contract Cases Where Nonbreaching Party Seeks Specific Performance
In a case that conjures up William Blackstone’s Commentaries on the Laws of England (1765-69), the Texas Supreme Court has held that the Waco Court of Appeals did not properly consider the rule of equity that permits an award of monetary damages to a party seeking...
TCJL Final Bill Tracking Report 6-23-25
TCJL Tracked Bill List 6.23.25 June 23, 2025 This list reflects final action. New actions are highlighted in red. TCJL PRIORITY BILLS New Causes of Action Tort Liability Construction Law Freedom to Contract Health Care Liability Judicial Matters/Practice of Law...
SCOTX Reverses Houston [14th] Court of Appeals Decision Declining to Dismiss Suit Against City Based on Emergency Exception to Tort Claims Act
The Texas Supreme Court has reversed a Houston [14th] Court of Appeals decision that a plaintiff in a personal injury action against the City of Houston raised a material fact issue as to whether a police officer responding to an emergency acted with willful or wanton...
Houston Business Court Considers Standard of Proof for Separate Attorney’s Eyes Only Designation in Protective Orders
The Houston-area business court [Eleventh Division] has issued an opinion setting out how to apply a balancing test to the question of (1) whether a protective order should have a separate “Attorney’s Eyes Only” designation, and (2) if so, whether the AEO information...
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