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by Litigation
SCOTX Grants Review in Challenge to Comptroller’s Single-Factor Apportionment Rule
The Texas Supreme Court has granted a taxpayer’s petition for review of an Austin Court of Appeals that upheld a Comptroller rule that governs sourcing of a...
Governor Abbott Announces Special Session Agenda
Governor Greg Abbott today issued a proclamation identifying 18 agenda items for the upcoming Special Session that begins at 12:00 PM on Monday, July 21. "We...
Fort Worth Business Court Dismisses Some Claims Arising from LLC Company Agreement, Stays Others Pending Arbitration
Taking up a case arising out of the Business Organizations Code, the Fort Worth [Eighth Division] of the business court has applied Rule 91a to dispose of some...
SCOTX Orders Nuisance Claims Against Transmission and Distribution Utilities Dismissed in Winter Storm Uri Litigation
The Texas Supreme Court has ordered the dismissal with prejudice of thousands of nuisance claims against electric transmission and distribution utilities in a...
SCOTX Affirms Dallas Court of Appeals Opinion Allowing Pilot Union Lawsuit Against Boeing to Go Forward in State Court
The Texas Supreme Court has affirmed a Dallas Court of Appeals’ decision holding that the federal Railway Labor Act (RLA)(45 USC § 151a) does not pre-empt a pilots...
SCOTX Mandamuses Houston [14th] Court of Appeals to Consider Whether Judgment Debtor Posted Adequate Alternative Security
In a per curiam opinion, SCOTX sent the matter back to the court of appeals. Issue one was the dispute over ex-husband’s net worth. After detailing the applicable...
SCOTX Reverses Plainly Erroneous El Paso Court of Appeals Decision in Commercial Trucking Case
The Texas Supreme Court has reversed a divided El Paso Court of Appeals’ ruling that a plaintiff in a commercial trucking case presented more than a scintilla of...
SCOTX Reverses Nuclear Verdict in Werner Case
In a case in which we and just about every other organization on the defense side of the bar appeared as amici, the Texas Supreme Court has reversed a Houston [14th]...
SCOTX Mandamuses South Texas Trial Court in Phantom Damages Case
The Texas Supreme Court has granted a major corporation’s petition for mandamus in a South Texas in which the plaintiff’s lawyer, operating under letters of...
SCOTX Rules That Produced Water Conveys to the Producer Under a Typical Oil-and-Gas Lease
In a case closely watched by oil and gas producers and surface owners, the Texas Supreme Court has decided that produced water, the chemical mix of brine and...
TCJL Files Amicus Brief in Easement by Estoppel Case
TCJL has filed an amicus brief in a case argued before the Texas Supreme Court earlier this week. Boerschig v. Rio Grande Electric Cooperative, Inc. (24-0213) arose from a dispute between a property owner and an electric co-op over the validity of an easement granted...
San Antonio Court of Appeals Affirms TC Denial of TCPA Motion to Dismiss in Oil and Gas Dispute
The San Antonio Court of Appeals has affirmed a trial court’s denial of an oil and gas operator’s TCPA motion to dismiss an adjoining lease owner’s “failure-to-protect” claim. EOG Resources, Inc. v. CNH Enterprise Holdings, Ltd. (No. 04-24-00160-CV; September 30,...
El Paso Court of Appeals Grants Permissive Appeal, Rules That Res Judicata Does Not Bar Mineral Interest Owners Suit Against Producer
In a decision on a permissive appeal, the El Paso Court of Appeals has reversed a trial court summary judgment order determining that res judicata does not apply to a dispute over ownership of Loving County mineral interests. Ridgefield Permian Minerals, LLC and Jim...
In Concurring Opinion, Justice Young Points To Conflict Between Houston Courts of Appeals on Evidentiary Status of Superseded Admissions
In an opinion concurring with the Texas Supreme Court’s denial of a city’s petition for review in a Tort Claims Act case, Justice Evan Young pointed out a conflict between the First and Fourteenth Court of Appeals that the Court will eventually need to address. City...
In Concurrence, Justice Busby Takes Issue With El Paso Court of Appeals Majority in Subsurface Trespass Case
In a case with significant ramifications for the oil and gas industry which we first reported last January, the Texas Supreme Court has denied review of a split El Paso Court of Appeals decision holding that a mineral lessee does not have standing to sue a pipeline...
Justice Gunn Advocates Change in Texas Law to Permit Appeal of Trial Court Order for New Trial in Bench Cases
Texas appellate courts have long permitted a party to seek mandamus relief if a trial court set aside a jury verdict and ordered a new trial. But they have also denied a party’s right to appeal a new trial order from a bench trial. This was the question before the...
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