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More Jobs.
Not Lawsuits.
Fort Worth Court of Appeals Holds TCPA Inapplicable to Declaratory Judgment Action Challenging Constitutionality of SB 8
Joining the Austin Court of Appeals, the Fort Worth Court of Appeals has held that the Texas Citizens Participation Act (Ch. 27, CPRC) cannot be used to shut down an...
Dallas Court of Appeals Reverses County Court At Law Dismissal of Landlord’s Eviction Action for Abuse of Discretion
A routine landlord-tenant dispute is not something we would ordinarily report, but we note this one out of the Dallas Court of Appeals because it appears to involve...
Amarillo Court of Appeals Affirms Judgment Against TxDOT in Motorcyle Accident Case
The Amarillo Court of Appeals has held that the Texas Tort Claims Act’s limitation on a governmental entity’s liability in a premises liability case did not apply...
Houston [14th] Court of Appeals Mandamuses TC for Granting Plaintiff’s Massive Discovery Request Prior to Hearing on Defense Motion to Compel Arbitration
In re Energy Transfer LP, Enable Midstream Partners, LP, and Enable GP, LLC (No. 14-23-00479-CV; February 6, 2024) arose from a personal injury action brought by an...
El Paso Court of Appeals Upholds Exclusion of Defense Video Evidence in Trucking Case
National Oil Well Varco, LP and Kenneth Beauford v. Elmer Sanchez (No. 08-23-00096-CV; February 9, 2024) arose from a rear-end collision in which company truck...
Corpus Christi Court of Appeals Kicks Insufficient Chapter 74 Expert Report Back to Trial Court
The Corpus Christi Court of Appeals has reversed and remanded a trial court ruling denying a health care provider’s motion to dismiss for failure to comply with the...
San Antonio Court of Appeals Mandamuses Trial Court for Improperly Granting New Trial to Plaintiff in Personal Injury Action
The San Antonio Court of Appeals has conditionally granted a defendant’s petition for writ of mandamus against a Karnes County trial court that granted a prevailing...
SCOTX Holds That Settlement Means Settlement, Rejecting Plaintiff’s Attempt to Evade Application of the Settlement Credit
Cracking the whip on an effort to evade the one-satisfaction rule, the Texas Supreme Court has held that a settlement agreement with an agreed judgment of $1.9...
In Concurring Opinion Justice Young Calls for Judgment Rendition Reform
Concurring in an opinion in which the Texas Supreme Court held that a judgment sent by e-mail to each party’s attorney in a divorce case was not “rendered” because...
SCOTX Rules for Lenders in Statute of Limitations Case on Certified Question from Fifth Circuit
In a case of great interest to lenders, the Texas Supreme Court responded to a certified question from the U.S. Fifth Circuit Court of Appeals regarding the...
Dallas Court of Appeals Affirms Dismissal of Product Liability Suit for Failure to Serve a Compliant Certificate of Merit
Logical Systems, Inc. d/b/a Logical Systems, LLC v. Edgar Berrios, Individually and As Next Friend of CA.B., Cesar Berrios, and Estela A Quintos Lopez (No. 05-23-00662-CV; February 9, 2024) arose from an accident in which Plaintiff Edgar Berrios’s arm was severed...
SCOTX Denies Review in Controversial Chapter 74 Expert Report Case
The Texas Supreme Court has denied review in a Chapter 74 health care liability case that split the Corpus Christi Court of Appeals right down the middle. Elizar Costilla, Individually and as the Representative of the Estate of Kristy Renee Costilla, Deceased, and as...
Divided Dallas Court of Appeals Holds (Incredibly) That a Tornado is Not a Windstorm
In an opinion that borders on the bizarre, a split Dallas Court of Appeals panel has held that a homeowners insurance policy with a special deductible for damage caused by a “windstorm” does not apply to damage caused by a tornado. That was the dispute in Jeff Mankoff...
Divided Austin Court of Appeals Reverses TC Summary Judgment Severing Plaintiff’s Vicarious Liability Claim Against Driver’s Employer in Trucking Case
Over a vigorous dissent, the Austin Court of Appeals has reversed a trial court order granting summary judgment and severing Plaintiff’s vicarious liability claim against a truck driver’s employer. Sarah Cook v. Texas Highway Walls, LLC (No. 03-22-00736-CV; February...
In Case of First Impression, Houston [14th] Court of Appeals Reverses Asbestos MDL Court’s Defense Ruling on Summary Judgment Motion
In a case of first impression, the Houston [14th] Court of Appeals has reversed an Asbestos MDL pre-trial court order granting a no-evidence summary judgment in an asbestosis case. Frank Burford, Individually and as Representative of the Heirs and Estate of Carolyn...
SCOTX Grants Rehearing in Dispute Between San Antonio Auto Dealer, Distributor, and Texas Department of Motor Vehicles
In late September of last year, the Texas Supreme Court denied the petition for review of an El Paso Court of Appeals decision in favor of the Texas Department of Motor Vehicles and Hyundai Motor America in suit brought by a franchisee. The denial triggered a strong...
TCJL Legislative
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TCJL Journal
Summer 2021
Highlights
Chairman’s Column
George Christian Award: Tribute to Chief Justice Nathan Hecht
Rob Looney Award to Chairman Jeff Leach
Super Staffer Awards: Recognizing Outstanding Legislative Staff
- Lauren Young
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2023 Annual Meeting
2024 Annual Meeting
88th Legislative Session Report
- Part 1: TCJL Priority Bills Passed in the 88th Session
- Part 2: Civil Justice-Related Bills that Failed in 2023
- Part 3: How Did TCJL’s Statement of Conservative Business Principles Fare?
- Part 4: Eminent Domain Update
- Part 5: Special Session Report – Legislature Prohibits Vaccine Mandates
TPLF: Third Party Litigation Funding
Pandemic Liability Two Years On
Texas Judges
2024 Elections Report
What’s on the Web
Amicus Report