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by Litigation
SCOTX Denies Review of Dallas Court of Appeals Decision Remanding Plaintiffs’ Mexican Law Claims Against Dallas-Based Common Carrier
In a case we missed the first time around, the Texas Supreme Court has denied review of a Dallas Court of Appeals decision reversing part of a summary judgment...
15th Court of Appeals Rules for Comptroller in Chapter 313 Case
In a case involving the former Chapter 313 tax limitation statute, the 15th Court of Appeals has affirmed a trial court order granting the Comptroller’s plea to the...
Dallas Court of Appeals Partly Affirms, Partly Reverses and Remands Summary Judgment in Favor of Insurers in COVID-19 Business Interruption Claim
In a case involving policy exclusions purporting to exclude commercial losses stemming from the COVID-19 pandemic, the Dallas Court of Appeals has in large part...
Eastland Court of Appeals Mandamuses Trial Court for Sanctioning Non-Party in Insurance Claim Dispute
The Eastland Court of Appeals has granted a petition for writ of mandamus ordering a trial court to vacate an order levying sanctions against the Texas Property and...
Dallas Business Court Dismisses Fraud Claim Against Healthcare Lab and Diagnostic Company Based on Limitations
Applying the discovery rule, the Dallas [First Division] Business Court has held that an investment fund brought a fraudulent concealment claim against a healthcare...
Houston [1st] Court of Appeals Reverses $15 Million Judgment Against CenterPoint in Third-Party Liability Case
The Houston [1st] Court of Appeals has reversed a $15 million judgment against CenterPoint Energy in a premises liability case. CenterPoint Energy Houston Electric,...
Houston Business Court Rules in Dispute Over Terms of Natural Gas Purchase and Sale Agreement Arising from Winter Storm Uri
The Houston [11th Division] Business Court has determined that a pipeline term added by the seller of natural gas to a form purchase-and-sale contract was binding on...
Eastland Court of Appeals Takes Two Permissive Appeals, Affirms Two Summary Judgments in Dispute Over Assignment of Mineral Interests
The 11th Court of Appeals has affirmed two partial summary judgements granted by a Midland trial court in a mineral interest dispute that generated two permissive...
SCOTX Grants Review of Corpus Christi Court of Appeals Reversal of Defense Summary Judgment in Slip-and-Fall Case
The Texas Supreme Court has granted review of a Corpus Christi Court of Appeals decision reversing a Bexar County trial court’s grant of summary judgment in favor of...
Divided 15th Court of Appeals Affirms TC Dismissal of Oncor Suit Seeking Review of PUC’s Order in Rate Case
A divided 15th Court of Appeals has dismissed a utility’s petition for judicial review of a PUC rate order on the basis that the utility didn’t file a second motion...
Houston [14th] Court of Appeals Rejects Port Freeport’s Condemnation Petition for Failing to Specify Public Use
The Houston [14th] Court of Appeals has reversed a trial court order granting summary judgment to Port Freeport on the basis that its condemnation petition failed to state public use with the statutorily required specificity. Henry Jones, et al. v. Port Freeport (No....
15th Court of Appeals Throws Out Taxpayer Lawsuit Against Comptroller Contesting Constitutionality of Tax Lien Statute
The 15th Court of Appeals has rejected a constitutional challenge to the statute authorizing the Comptroller to record a tax lien against a delinquent state taxpayer’s nonexempt real and personal property. Vinh Huu Cao & Mai Hong Luu v. Kelly Hancock, In His...
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 parties that didn’t request it. Insurors Indemnity Company v. Quality Works Construction, Inc., Misheck...
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 to the removal. Charlotte Rogers Barrett v. Marcus T. Barrett, IV, et al. (No. 25-BC04A-0013; 2025...
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 to an MDL pre-trial court a number of personal injury actions filed in Harris and Jefferson Counties....
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 from domesticating a New York judgment in Texas under the Uniform Enforcement of Foreign Judgments Act...
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