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Eastland Court of Appeals Affirms Defense Summary Judgment in Case of Wal-Mart Customer’s Murder in Parking Lot
The Eastland Court of Appeals has affirmed a trial court order granting summary judgment to Wal-Mart and Greyhound in a case in which a Wal-Mart customer was...
Tyler Court of Appeals Affirms TC Denial of Chapter 74 Motion to Dismiss Health Care Liability Claim for Inadequate Expert Report
The Tyler Court of Appeals has affirmed a trial court order denying a physician’s motion to dismiss a health care liability claim based on an inadequate expert...
Corpus Christi Court of Appeals Reverses $27 Million Default Judgment in Construction Contract Case
The Corpus Christi Court of Appeals has reversed a $27 million default judgment against a general contractor whose attorney withdrew from representation less than a...
Houston [14th] Court of Appeals Reverses TC Denial of Chapter 74 Motion to Dismiss in Sexual Abuse Case
The Houston [14th] Court of Appeals has reversed a Harris County district court’s denial of a hospital’s Chapter 74 motion to dismiss on the basis of a deficient...
TCJL Files Amicus Brief in Lawfare Case Against Manufacturers [Standing]
by George Christian TCJL today filed an amicus brief in a case in which an out-of-state environmental advocacy organization has intervened in a state enforcement...
El Paso Court of Appeals Applies Mailbox Rule in Tort Claims Act’s Notice of Claim Requirement
In spite of what appears to be clear statutory language to the contrary, the El Paso Court of Appeals has applied the common-law mailbox rule to affirm a trial court...
SCOTX Holds That Chapter 21, Property Code, Waives Sovereign Immunity for Condemned Property Repurchase Claims [Eminent Domain]
In a decision with potentially far-reaching effects on the power of the state and local governmental entities to acquire property by eminent domain, a divided Texas...
Houston [14th] Court of Appeals Affirms TC Grant of Summary Judgment, Sanctions, and Attorney’s Fees for Insurer in Dispute with Homeowner
The Houston [14th] Court of Appeals has affirmed a Galveston County district court’s summary judgment and sanctions order in favor of an insurer in a policy dispute...
Houston [14th] Court of Appeals Rules That Insured, Absent Independent Injury, May Not Recover on Extracontractual Claims if Insurer Paid Appraisal Award
The Houston [14th] Court of Appeals has held that an insurer that pays an appraisal award under a homeowner’s policy cannot also be liable for damages for...
Houston [14th] Court of Appeals Reverses TC Denial of TCPA Motion to Dismiss Intentional Infliction of Emotional Distress Claim
The Houston [14th] Court of Appeals has reversed a trial court order denying a restaurant’s TCPA motion to dismiss a lawsuit alleging intentional infliction of...
SCOTX Holds That Independent Contractors Cannot Use Necessary-Use Exception to Impose Liability on General Contractors, Landowners
by George Christian Reversing a decision by the San Antonio Court of Appeals with significant negative consequences for property owners and general contractors, the Texas Supreme Court has ruled for the first time that independent contractors may not recover in...
Dallas Court of Appeals Throws Out UM/UIM Claim Where Plaintiff Didn’t Submit Evidence That the At-Fault Driver Was Uninsured or Underinsured
The Dallas Court of Appeals has affirmed a summary judgment against a pro se plaintiff who failed to prove that his UM/UIM claim was based on the at-fault driver’s insurance status. Alvin Jones v. Progressive Insurance (No. 05-25-00231-CV; April 7, 2026) arose from a...
Divided Dallas Court of Appeals Affirms TC Order Dismissing Plaintiffs’ Claims Under Rule 91a
A divided Dallas Court of Appeals has affirmed a trial court order dismissing claims against Morgan Stanley under Rule 91a. Collingwood USA, Inc. and Collingwood Brookshire USA, Inc. v. Morgan Stanley & Co., LLC (No. 05-24-00629-CV; April 10, 2026) arose from a...
Dallas Court of Appeals Affirms Disciplinary Action Against Plaintiff’s Lawyer
The Dallas Court of Appeals has affirmed a judgment disciplining a plaintiff’s lawyer for failing to communicate with his client. Jervan Steven Wiltz v. Commission for Lawyer Discipline (No. 05-25-00994-CV; April 14, 2026) stemmed from a grievance filed by a family...
Dallas Court of Appeals Reverses and Remands TC Denial of Landscape Architect’s Motion to Dismiss for Plaintiff’s Failure to File Certificate of Merit
The Dallas Court of Appeals has reversed a trial court order denying a landscape architect’s motion to dismiss Plaintiff’s wrongful death action based on Plaintiff’s failure to file a certificate of merit. LandDesign, Inc. v. Johnathan Postell, Individually and as...
Texarkana Court of Appeals Reverses Substantial Default Judgment in Property Damage Case
The Texarkana Court of Appeals has reversed a default judgment entered against a defendant whom the plaintiff failed to serve with an amended petition that added a more “onerous” cause of action. It further reversed damages, attorney’s fees, and sanctions awards for...
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