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Houston [14th] Court of Appeals Orders Winter Storm Uri MDL Judge to Dismiss Some Plaintiff Claims in Bellwether Suits Against Transmission and Distribution Utilities
In another chapter of the ongoing litigation triggered by the effects of Winter Storm Uri, the Houston [14th] Court of Appeals has partially granted the utilities’...
El Paso Court of Appeals Holds That Limitations Bars Health Care Liability Suit Against Texas Tech
The El Paso Court of Appeals has thrown out a medical malpractice case against Texas Tech Health Science Center in El Paso based on limitations despite plaintiff's...
Dallas Court of Appeals Affirms Summary Judgment in Workers’ Compensation Exclusive Remedy Case
The Dallas Court of Appeals has upheld a trial court order granting summary judgment in favor of an employer based on the exclusive remedy of workers’ compensation....
Citing Lyle Lovett, Amarillo Court of Appeals Affirms TC Grant of Special Appearances to Canadian Entities
In an entertaining and somewhat offbeat opinion citing no less an authority on Texas than Lyle Lovett, the Amarillo Court of Appeals has affirmed a trial court order...
Houston [1st] Court of Appeals Shuts Down Impermissible Discovery Demanded by Landowner in Condemnation Dispute with Pipeline
In another episode of the long-running litigation saga pitting HSC Pipeline against the Hlavinka land interests, the Houston [1st] Court of Appeals has conditionally...
Houston [14th] Court of Appeals Reverses TC Denial of Arbitration in Personal Injury Case
The Houston [14th] Court of Appeals has reversed a trial court order denying a defendant business’s motion to compel arbitration of a personal injury claim. Pearland...
Beaumont Court of Appeals Reverses Plaintiff’s Judgment in Trucking Accident Case
The Beaumont Court of Appeals has reversed a $9 million judgment against the driver/owner of a commercial truck in a wrongful-death suit. Curtis Adair d/b/a CK...
Fort Worth, Dallas Courts of Appeals Affirm TC Denials of TCPA Motions to Dismiss
In a pair of decisions arising from contractual disputes, the Fort Worth and Dallas Courts of Appeals have affirmed trial court orders denying motions to dismiss...
SCOTX Grants Emergency Stay in Case Involving Discovery Order to Turn Over Federally-Protected Health Care Information
In at least the third case we have seen in the past few weeks, the Texas Supreme Court has paused proceedings in a case in which a trial court has ordered a party to...
Houston [1st] Court of Appeals Affirms TC Denial of Chapter 74 Claim for Failure to Serve Expert Report, But Defense Fails to Get Mandatory Attorney’s Fees
In Andria Solomon v. Rosemary Buckle, Nicole D. Ches, and HCA Health Services of Texas, Inc. (No. 01-23-00349-CV; March 14, 2024), Plaintiff sued health care...
Austin Court of Appeals Affirms Defense Judgment for Oil and Gas Producers in Saltwater Injection Well Failure Case
Carroll L. Lee, Peggy G. Lee, Lee Concho Valley Family L.P., Sandra Cagle, Jerry D. Lee, Larry G. Lee, and Matthew Lee v. Memorial Production Operating, LLC; Grandfield Consulting, Inc.; Boaz Energy, LLC; and Ivory Energy, LLC(No. 03-22-00063-CV; February 29, 2024)...
SCOTX Reverses Court of Appeals in Jury Charge Error Case Involving Slip and Fall in Grocery Store
The Texas Supreme Court has reversed a Houston [14th] Court of Appeals decision overturning a take nothing judgment in favor of a Randall’s grocery store. Albertsons, LLC d/b/a Randall’s; Albertsons Companies, LLC d/b/a Randall’s; Randall’s Food Markets, Inc. d/b/a...
San Antonio Court of Appeals Affirms Favorable Defense Verdict on Damages in Trucking Case
In yet another commercial trucking case, the San Antonio Court of Appeals has rejected the plaintiff’s appeal of a jury verdict that awarded past medical expenses but zero damages for past physical pain, mental anguish, or any other element of damages. Richard Parker...
SCOTX Reverses Court of Appeals Judgment Holding Arbitration Too Cost Prohibitive to Homeowner
Lennar Homes of Texas, Inc.; Lennar Homes of Texas Land and Construction, Ltd.; Lennar Homes of Texas Sales and Marketing, Ltd. v. Mohammad Rafiei (No. 22-0830) arose from a personal injury suit arising from the explosion of a garbage disposal in the homeowner...
Divided Corpus Christi Court of Appeals Affirms Denial of TCPA Motion to Dismiss
Over a vigorous dissent by Justice Benavides, the Corpus Christi Court of Appeals has affirmed a trial court order denying dismissal of defendants’ counterclaim for defamation under the Texas Citizens Participation Act (Ch. 27, CPRC). Michael Neuman, Individually and...
Texarkana Court of Appeals Vacates TI Order Granted in Violation of TRCP 683, 684
The Texarkana Court of Appeals has vacated a Bowie County district court’s order granting a temporary injunction to compel an insurer to continue paying an insured’s living expenses. USAA General Indemnity Company v. Kenneth O’Bryant (No. 06-23-00084-CV; January 18,...
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88th Legislative Session Report
- Part 1: TCJL Priority Bills Passed in the 88th Session
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Pandemic Liability Two Years On
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