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by Litigation
Houston [14th] Court of Appeals Reverses TC Order Granting Summary Judgment to Parties That Didn’t Request It
The Houston [14th] Court of Appeals has reversed and remanded an atypical breach of contract case in which the trial court granted summary judgment in favor of...
San Antonio [Fourth Division] Business Court Finds No Jurisdiction in Case Removed from Probate Court
The San Antonio [Fourth Division] Business Court has ruled that it does not have jurisdiction over a case removed from a probate court because Plaintiff didn’t agree...
MDL Panel Considering Transfer Petition for LNG Terminal Construction Accident
Defendants in a multi-party action arising from a construction accident at a Port Arthur LNG terminal have petitioned the multi-district litigation panel to transfer...
Houston [14th] Court of Appeals Rules That Foreign Judgment Creditors May Domesticate a New York Judgment in Texas and Seek Dismissal of Similar Texas Suit on Res Judicata Grounds
The Houston [14th] Court of Appeals has affirmed that filing motion to dismiss on res judicata grounds in a Texas lawsuit does not bar foreign judgment creditors...
Houston [14th] Court of Appeals Reverses $1.5 Million Punitive Damages Award in Questionable Fraud Lawsuit Over Nonsubscriber Policy
The Houston [14th] Court of Appeals has reversed a $1.5 million punitive damages judgment against a trucking company that procured a nonsubscriber policy for an...
Dallas Court of Appeals Overturns $34 Million Judgment Against Taiwanese Manufacturer for Lack of Jurisdiction
The Dallas Court of Appeals has reversed a $34 million default judgment against a Taiwanese electronics manufacturer. Polaris Electronic Co. Ltd. v. Raspberry 353...
SCOTX Stays Premises Liability Lawsuit Against Hospital to Consider Mandamus Petition in Discovery Dispute
The Texas Supreme Court has granted a hospital management company’s motion for an emergency stay while it considers the company’s petition for writ of mandamus in a...
SCOTX Grants Review of Austin Court of Appeals Decision Affirming Plaintiff’s Judgment in Implied Warranty Case
The Texas Supreme Court has agreed to review an Austin Court of Appeals decision upholding a judgment against an Austin hydraulics company for breach of the implied...
15th Court of Appeals Affirms Dismissal of Biotech Company’s Takings, Tort Claims Against Southwestern Medical Center in Dispute Over Cancer Research
The 15th Court of Appeals has affirmed a trial court order granting Southwestern Medical Center’s plea to the jurisdiction in suit filed by a biotech company whose...
SCOTX Grants Review in Legal Malpractice Case Raising Rule 91a, TCPA Questions
The Texas Supreme Court has granted review of an Austin Court of Appeals decision affirming trial court orders dismissing a legal malpractice case under Rule 91a....
Corpus Christi Court of Appeals Grants Mandamus in Dispute Over Validity of Venue-Selection Clause in Oil and Gas PSA
The Corpus Christi Court of Appeals has conditionally granted a group of oil producers’ petition for writ of mandamus seeking to invalidate a venue-selection clause, finding the agreement at issue did not involve a “major transaction” under § 15.020, CPRC. In Re INEOS...
15th Court of Appeals Mandamuses Collin County Trial Court That Ordered Production of Patients’ Medical Records Before Dallas County Trial Court Ruled on Motions for Protection
The 15th Court of Appeals has conditionally granted mandamus petitions filed by 22 nonparty patients whose medical records have been subpoenaed by the state in an SB 14 lawsuit against two physicians. In re Nonparty Patient No. 1, et al. (No. 15-25-00031(2)-CV;...
Eastland Court of Appeals Denies Oil and Gas Operator Mandamus to Lift Abatement of Dec Action Against Insurer in Third-Party Liability Case
In a third-party liability case involving an oil and gas operator, an oilfield services company, and the services company’s liability insurer, the Eastland Court of Appeals has denied the operator’s petition for writ of mandamus seeking to lift a trial court order...
Business Court Rules Natural Gas Seller That Declared Force Majeure During Winter Storm Uri Was Not Obligated to Purchase Gas on the Spot-Market
In a case arising from natural gas production interruptions caused by Winter Storm Uri, the Business Court [11TH Division] has ruled that a natural-gas purchase and sale agreement did not require the Seller to purchase gas on the spot market to meet its delivery...
Houston [14th] Court of Appeals Mandamuses Trial Court for Issuing TRO Without Jurisdiction
The Houston [14th] Court of Appeals has granted Texas Central Railroad’s petition for writ of mandamus to compel a Harris County district court to vacate an ex parte TRO in a class action lawsuit brought by “unsuspecting tenants” on the railroad’s property. In re...
Eastland Court of Appeals Reverses Judgment for Landowner Who Buried Producer’s Flowlines
The Eastland Court of Appeals has reversed a trial court judgment awarding damages to a surface estate owner who took it upon himself to bury a producer’s flow lines when the producer did not fully comply with a lease provision permitting the lessor to request...
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