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by Litigation
Houston Court of Appeals [1st] Reverses TC Order Denying Physician’s Motion to Dismiss Chapter 74 HCLC Where Intervenors Failed to Serve Expert Report
The Houston [1st] Court of Appeals has reversed a trial court order denying a physician’s motion to dismiss claims that he changed a liver transplant list to exclude...
SCOTX Reverses Corpus Christi Court of Appeals Ruling in Slip-and-Fall Case
The Texas Supreme Court has reversed a Corpus Christi Court of Appeals decision overturning a Bexar County trial court’s grant of summary judgment in favor of HEB in...
Dallas Mavericks Defeat Dallas Stars in Business Court Thriller
The Dallas Mavericks have prevailed over the Dallas Stars in a dispute over control of the American Airlines Center. Dallas Sports Group, LLC and Radical Arena, Ltd....
Tyler Court of Appeals Upholds Denial of Chinese Tire Manufacturer’s Special Appearance in Product Liability Case
The Tyler Court of Appeals has affirmed a Gregg County district court’s denial of a Chinese tire manufacturer’s special appearance in a product liability action...
San Antonio Court of Appeals Rejects Tort Claims Act Suit by Survivors of Uvalde School Shooting
Affirming a Uvalde County trial court, the San Antonio Court of Appeals has held that survivors of the Robb Elementary shooting in Uvalde could not allege...
Dallas Court of Appeals Upholds $665,000 Noneconomic Damage Award in Trucking Accident Case
The Dallas Court of Appeals has affirmed a judgment awarding $665,000 to a plaintiff in a trucking case. SL Nabors Commercial/Residential Roofing, Ltd. v. Rico...
Corpus Christi/Edinburg Court of Appeals Rejects Taxpayers’ Claim That Chief Appraiser Acted Ultra Vires by Assessing Allegedly Exempt Property
The Corpus Christi/Edinburgh Court of Appeals has held that a taxpayer cannot allege an ultra vires claim to bypass the ARB process. Richard Molina, Chief Appraiser,...
Business Court Grants Partial Summary Judgment to Operator in Dispute Over Terms of Farmout Agreement
The Business Court has granted partial summary judgment to an operator in a dispute over the interpretation of a farmout agreement. May, et al. v. Ineos USA Oil...
Corpus Christi/Edinburg Court of Appeals reverses $15.8 Million Judgment Against Producer in Royalty Dispute
The Corpus Christi/Edinburg Court of Appeals has reversed a sizable judgment against an oil and gas producer in a dispute over the interpretation of the royalty...
SCOTX Reverses Austin Court of Appeals Decision, Rules That Defendant’s Untimely Designation of Causation Expert Had Good Cause
The Texas Supreme Court reversed an Austin Court of Appeals decision upholding a judgment against an Austin hydraulics company for breach of the implied warranty of...
Business Court Dismisses Fraud Claims Against Out-of-State Trailer Manufacturer for Lack of Jurisdiction
The Business Court has dismissed a truck and trailer financing company’s fraud claims against an Indiana-based trailer manufacturer for lack of jurisdiction. Daimer Truck Financial Services USA LLC v. Vanguard National Trailer Corporation, CIMC Reefer Trailer, Inc.,...
15th Court of Appeals Sides with Airline in Dispute With Comptroller Over Application of Franchise Tax to Transportation Revenues
In a case of first impression, the 15th Court of Appeals has held that the federal Anti-Head Tax Act preempts the application of the Texas franchise tax to revenues from an airline’s baggage fees, passenger ticket sales, and freight transportation apportioned to...
SCOTX Mandamuses Trial Court That Granted New Trial to Plaintiff After 11-1 Defense Verdict
The Texas Supreme Court has granted a physician’s petition for writ of mandamus to compel a trial court to vacate its order granting a new trial where the jury returned an 11-1 defense verdict. In re Leo Lapuerta, M.D., F.A.C.S., and The Plastic Surgery Institute of...
Austin Court of Appeals Enforces Arbitration Provision, Following TotalEnergies
The Austin Court of Appeals has reversed a trial court judgment on the basis that the parties’ agreement contained an arbitration clause that, by adopting AAA commercial rules, delegated arbitrability to the arbitrator. AutoLotto, Inc. v. Paychex, Inc. (No....
SCOTX Sides With Telecomm Provider in Dispute with San Antonio Electric Utility
The Texas Supreme Court has reversed a Corpus Christi Court of Appeals decision holding that 2005 changes to the Public Utility Regulatory Act did not apply to a 1984 agreement between a telecomm provider and San Antonio’s electric utility governing pole-attachment...
15th Court of Appeals Sides With State in Dispute Over Proceeds of $212.3 Million Medicaid Fraud Settlement
Reversing the trial court, the 15th Court of Appeals has held that the public disclosure exception to the Medicaid fraud statute applied to the claims of three qui tam relators for a share of $212.3 million settlement. State of Texas v. Alexandra Alvarez, Joshua...
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