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Not Lawsuits.
Amarillo Court of Appeals Dismisses Chapter 74 Claim for Inadequate Expert Report
Though it may seem repetitive to report on appellate decisions interpreting Chapter 74’s expert report requirement (§ 74.351, CPRC), we continue to do so in order to...
Dallas Court of Appeals Affirms Trial Court Attorney’s Fees Award for Frivolous TCPA Motion to Dismiss
In yet another case showing a patent abuse of the Texas Citizens Participation Act (Ch. 27, TCPA), the Dallas Court of Appeals has ruled that a trial court did not...
Third Court of Appeals Holds That ALJ Abused Discretion in Failing to Enforce Rule 11 Settlement Agreement
The Austin Court of Appeals has ruled that an administrative law judge has a ministerial duty to enforce a valid Rule 11 settlement agreement submitted by the...
Dallas Court of Appeals Affirms Denial of TCPA Motion to Dismiss in Discovery Abuse Case
The Dallas Court of Appeals has turned away another attempt to utilize the Texas Citizens Participation Act (TCPA; Chapter 27, CPRC) to avoid accountability for...
Eastland Case Tests 2011 Statute Concerning Correction Deeds
In 2009 the Texas Supreme Court handed down Myrad Props., Inc. v. LaSalle Bank Nat’l Ass’n, 300 S.W.3d 746 (Tex. 2009), which held that correction deeds should not...
SCOTX Rules in Oil and Gas Lease Interpretation Case
On Friday the Texas Supreme Court handed down a decision in Rosetta Resources Operating, LP v. Kevin Martin, Jamie Martin, and Ashley Lusk (No. 20-0898). On appeal...
Fourteenth Court of Appeals Tosses Improper Property Owner Valuation Testimony
In The State of Texas v. Audie Gray Family L.P. (No. 14-20-00206-CV), the Houston Court of Appeals [14th] considered whether a trial court abused its discretion in...
What Does the Demise of Roe v. Wade Mean for SB 8?
The breaking news that SCOTX is considering a draft opinion overturning Roe v. Wade, while not terribly surprising in itself, has raised a question in our mind about...
Houston [14th] Court of Appeals Dismisses Challenge to Harris County Judge COVID Order as Moot
The Fourteenth Court of Appeals has dismissed a challenge to Harris County Judge Lina Hidalgo’s order cancelling a foreclosure sale scheduled at Bayou Event Center...
SCOTX Denies Review in Chapter 74 Case Against Baylor Scott & White Health
A patient arrived at an emergency room with severe shoulder pain. The ER took vital signs, which were entered into a sepsis screen, and assigned an acuity level. The...
Fort Worth Court of Appeals Tackles Waiver, Pre-Certification Issues in Class Action Against Roofing Company
In a case that has been kicking around in the Texas court system since 2013, the Fort Worth Court of Appeals has for the second time allowed a class action to proceed against a roofing company that allegedly held itself out to be an unlicensed public adjuster. The...
Go Vote This Week! Early Voting May 16-20, Election Day May 24, 2022
Early voting started Monday for the Texas Primary Runoff. This runoff election covers local races and 48 state races, including 7 statewide, 2 senate, 23 house,12 congressional, and 4 state board of education seats. You can vote in the runoff even if you did not vote...
Fort Worth Court of Appeals Rules Pre-2019 Hospital Lien Statute Applies to Emergency Room Services
In 2019 the Texas Legislature amended the hospital lien statute (§ 55.002(a), Property Code) to clarify that the term “admitted to a hospital” included treatment in the emergency room without subsequent admission as an inpatient (see § 55.0015, Property Code). The...
Dallas Court of Appeals Affirms Trial Court Denial of TCPA Motion to Dismiss
It seems that the Texas Citizens Participation Act (Chapter 27, CPRC) is having a bad year in the appellate courts. The Dallas Court of Appeals has added to its woes, upholding a trial court order denying a TCPA motion to dismiss on the basis of untimeliness. The...
Amarillo Court of Appeals Dismisses Chapter 74 Claim for Inadequate Expert Report
Though it may seem repetitive to report on appellate decisions interpreting Chapter 74’s expert report requirement (§ 74.351, CPRC), we continue to do so in order to illustrate the importance of a highly qualified judiciary that will apply the law as the Legislature...
Dallas Court of Appeals Affirms Trial Court Attorney’s Fees Award for Frivolous TCPA Motion to Dismiss
In yet another case showing a patent abuse of the Texas Citizens Participation Act (Ch. 27, TCPA), the Dallas Court of Appeals has ruled that a trial court did not abuse its discretion by awarding attorney’s fees to a defendant forced to defend a frivolous TCPA motion...
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TCJL Journal
Fall 2019
- 2019 Legislators of the Year
- 86th Legislative Session Report
- Texas Civil Justice League Amicus Report
- Eminent Domain: Why S.B. 421 was a Litigation Nightmare
- Interim Study to Take Another Look at Judicial Selection
- Paid or Incurred: Next Frontier of Tort Reform? Close Paid or Incurred Loophole