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by Litigation
Justice Young Invites Reconsideration of SCOTX’s Interpretation of Tort Claims Act Jurisdictional Notice Requirement
In an opinion concurring with the Texas Supreme Court’s denial of a petition for review, Justice Evan Young and three of his colleagues have called for a...
HB 3441 (Vaccine Advertising Ban) Faces Long Constitutional Odds Under SCOTUS First Amendment Jurisprudence
As we reported numerous times this session, legislation was proposed and ultimately enacted imposing civil liability on a vaccine manufacturer for advertising a...
SCOTX: Chapter 21, Labor Code, Exclusive Remedy Does Not Extend to Tort Suits Against Other Employees
The Texas Supreme Court has responded to a U.S. Fifth Circuit Court of Appeals certified question arising from an employee’s lawsuit against SMU University and other...
Be Patient With Us: SCOTX Opinions Coming Fast and Furious
As you know, we are nearing the end of the Texas Supreme Court’s term, and the Court is cranking out numerous opinions on important matters each Friday. While we are...
SCOTX to 5th Circuit: Texas Usury Law Requires Interest Calculation Using Actuarial Method
In response to a certified question from the 5th Circuit, the Texas Supreme Court has ruled that Texas usury law requires use of the actuarial method to calculate...
SCOTX Rules That Tort Claims Act Waives Governmental Immunity for Negligence Per Se Claims
The Texas Supreme Court has ruled that the Texas Tort Claims Act’s waiver of governmental immunity for “negligence” includes a claim for injuries caused by...
TCJL Files Brief in Premises Liability Case Expanding Liability of Owners/General Contractors
In a case from the San Antonio Court of Appeals with significant negative consequences for property owners and general contractors, TCJL has filed an amicus brief...
Divided SCOTX Reverses Sanctions Against Texas Attorney for Disciplinary Violations
Over a pair of dissents, the Texas Supreme Court has overturned a Commission for Lawyer Discipline proceeding against a Texas lawyer for misconduct that occurred in...
Business Court [Eleventh Division] Transfers Venue in Action Involving Damage to Oil and Gas Wells
The Houston-based business court [Eleventh Division] has transferred venue of a declaratory judgment action to Loving County because the essence of the action...
Believe in the Rule of Law? Then Prove It by Supporting Texas Supreme Court, 15th Court of Appeals, and Intermediate Appellate Justices in Their Campaigns
We don’t usually do this sort of thing on this site, but the matter is too serious to pigeonhole somewhere else. If you looked at some of our posts during the...
Texas Supreme Court Finds No Jurisdiction in Products Liability Case Against Foreign Manufacturer of Fuel Pumps
The Texas Supreme Court has reversed a Corpus Christi Court of Appeals decision affirming a trial court order denying the special appearance of a South Korean parts manufacturer of an allegedly defective fuel pump. Hyundam Industrial Company, Ltd. v. Paul Swacina, as...
SCOTX Finds No Jurisdiction Over Austrian Aircraft Engine Manufacturer in Product Liability Lawsuit
In a case in which TCJL filed an amicus curiae brief in support of an Austrian aircraft-engine manufacturer in a product liability suit, SCOTX has reversed a Dallas Court of Appeals’ decision that Texas courts had no specific jurisdiction over the manufacturer by...
SCOTX Establishes Standard for Recovery of Equitable Monetary Damages in Breach of Contract Cases Where Nonbreaching Party Seeks Specific Performance
In a case that conjures up William Blackstone’s Commentaries on the Laws of England (1765-69), the Texas Supreme Court has held that the Waco Court of Appeals did not properly consider the rule of equity that permits an award of monetary damages to a party seeking...
TCJL Final Bill Tracking Report 6-23-25
TCJL Tracked Bill List 6.23.25 June 23, 2025 This list reflects final action. New actions are highlighted in red. TCJL PRIORITY BILLS New Causes of Action Tort Liability Construction Law Freedom to Contract Health Care Liability Judicial Matters/Practice of Law...
SCOTX Reverses Houston [14th] Court of Appeals Decision Declining to Dismiss Suit Against City Based on Emergency Exception to Tort Claims Act
The Texas Supreme Court has reversed a Houston [14th] Court of Appeals decision that a plaintiff in a personal injury action against the City of Houston raised a material fact issue as to whether a police officer responding to an emergency acted with willful or wanton...
Houston Business Court Considers Standard of Proof for Separate Attorney’s Eyes Only Designation in Protective Orders
The Houston-area business court [Eleventh Division] has issued an opinion setting out how to apply a balancing test to the question of (1) whether a protective order should have a separate “Attorney’s Eyes Only” designation, and (2) if so, whether the AEO information...
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Spring 2024
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- Part 1: TCJL Priority Bills Passed in the 88th Session
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