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by Litigation
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...
Houston [1st] Court of Appeals Affirms TC Denial of Summary Judgment in Wrongful Death Case Involving Contact with a High-Voltage Power Line
The Houston [1st] Court of Appeals has, in a permissive appeal, affirmed a Harris County district court’s denial of a transmission utility’s summary judgment motion...
Did SCOTX Just Destabilize the Two-Year SOL in Chapter 74 Health Care Liability Actions?
by George Christian The Texas Supreme Court has reversed a Fort Worth Court of Appeals decision holding that a plaintiff’s claims against her counselor were time-barred under § 74.251(a), CPRC. Although the Court’s ruling appears to be a straightforward application of...
SCOTX Reiterates That Nuisance Is Not a Cause of Action, Two-Year SOL Applies to Claims for Nuisance Injury to Property
by George Christian The Texas Supreme Court has granted a popular chain retail store’s petition for review in a case raising the issue of whether the two-year statute of limitations on nuisance claims applies to Plaintiff’s request for a permanent injunction to abate...
SCOTX Affirms Dallas Court of Appeals Reversal of $30 Million Judgment in Fraud Case
by George Christian The Texas Supreme has affirmed a Dallas Court of Appeals decision that overturned a $30 million judgment in a fraud case against a commercial landlord. Maya Walnut LLC f/k/a Maya Foods, Inc. v. Bryan Ly, Walnut Creek Center, Inc., Leng Chiv Ly, and...
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...
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