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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....
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...
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...
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...
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...
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...
ExxonMobil Prevails in Statutory Employer Case Before Houston [14th] Court of Appeals
In a case stemming from a 2019 fire and explosion at ExxonMobil’s Baytown Olefins Plant, the Houston [14th] Court of Appeals has reversed a trial court order denying...
SCOTX Holds That “Imperfect” Medical Authorization Form Still Triggers 75-Day Tolling Provision in Chapter 74 Health Care Liability Claim
The Texas Supreme Court has reversed a Beaumont Court of Appeals decision holding that a defective Chapter 74 medical authorization form filed with the required...
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...
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 issued HSC’s petition for writ of mandamus barring the Hlavinkas from compelling discovery of the...
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 Urban Air, LLC v. Abigail Delila Cerna a/n/f of R.W. (No. 14-23-00090-CV; February 8, 2024) stemmed...
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 Trucking v. Troy Chapla and Kelly Maningas, Individually and as Wrongful Death Beneficiaries, and on behalf...
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 under the Texas Citizens Participation Act. The first case, Carl and Patricia Johnson v. Windsong Ranch...
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 respond to discovery in a way that implicates federal constitutional or statutory rights. In re Blake...
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 providers Buckle and Ches, as well as their employer HCA, for negligence. She alleged that Buckle, who...
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George Christian Award: Tribute to Chief Justice Nathan Hecht
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Super Staffer Awards: Recognizing Outstanding Legislative Staff
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2023 Annual Meeting
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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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