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Not Lawsuits.
San Antonio Court of Appeals Affirms $20,000 Attorney’s Fee Award in UIM Case Involving $823 in Damages, Less Than Settlement Offer by Insurer
n a case that raises more questions about the effects of the Texas Supreme Court’s decision in Allstate Ins. Co. v. Irwin, 627 S.W.3d 263 (Tex. 2021), the San...
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2024 Texas Judicial Appellate Seats on the Ballot Candidate Side-by-Side Comparisons See Texas Judicial Candidate Comparisons www.texasjudges.org Judicial races are...
Dallas Court of Appeals Denies ExxonMobil’s Mandamus Petition Challenging TC’s Forum Non Conveniens Ruling
The Dallas Court of Appeals has denied ExxonMobil’s petition for writ of mandamus alleging that a Dallas County court at law abused its discretion when it denied the...
Houston [14th] Court of Appeals Affirms Summary Judgment in Favor of Insurers in Insured’s COVID-Related Business Interruption Claim
Baylor College of Medicine v. XL Insurance America, Inc. and Ace American Insurance Company (No. 14-22-00145-CV; February 6, 2024) stemmed from the COVID-19...
Houston [1st] Court of Appeals Affirms Grant of Special Appearance in Contract Dispute Involving Forum Selection Clause
Aggreko, LLC v. Bronxcare Health System, Formerly Known as the Bronx-Lebanon Hospital Center (No. 01-22-0052-CV; issued January 23, 2024) arose from a fatal accident...
En Banc Houston [1st] Court of Appeals Holds No Governmental Immunity in Tort Claims Act Case
Acting en banc, the Houston [1st] Court of Appeals has held that the City of Houston does not have immunity from a lawsuit brought by a citizen who was injured when...
Houston [14th] Court of Appeals Upholds Animal Health Commission White-Tailed Deer Quarantine Authority
The Houston [14th] Court of Appeals has upheld the Texas Animal Health Commission’s authority to order a landowner to quarantine a herd of white-tailed deer to...
Austin Court of Appeals Reverses Defense Summary Judgment in Medical Malpractice Case
The Austin Court of Appeals has reversed a summary judgment in favor of a physician and hospital in a wrongful death action alleging medical negligence. The facts of...
Divided Waco Court of Appeals Strikes Down Chapter 380, 381 Local Development Agreement on Constitutional Grounds
Over a dissent by Chief Justice Gray, the Waco Court of Appeals has struck down agreements between an economic development foundation, the City of Corsicana, and...
TCJL Journal – Spring 2024
Highlights of the TCJL Journal Spring 2024 Chairman’s Column 2023 Awards George Christian Award: Tribute to Chief Justice Nathan Hecht Rob Looney Award to Chairman...
El Paso Court of Appeals Upholds Exclusion of Defense Video Evidence in Trucking Case
National Oil Well Varco, LP and Kenneth Beauford v. Elmer Sanchez (No. 08-23-00096-CV; February 9, 2024) arose from a rear-end collision in which company truck rear-ended Plaintiff’s vehicle. After declining medical assistance at the scene, Plaintiff proceeded to a...
Corpus Christi Court of Appeals Kicks Insufficient Chapter 74 Expert Report Back to Trial Court
The Corpus Christi Court of Appeals has reversed and remanded a trial court ruling denying a health care provider’s motion to dismiss for failure to comply with the expert report requirement of § 74.351, CPRC. Dr. Nolan Perez and Gasterenterology Consultants of South...
San Antonio Court of Appeals Mandamuses Trial Court for Improperly Granting New Trial to Plaintiff in Personal Injury Action
The San Antonio Court of Appeals has conditionally granted a defendant’s petition for writ of mandamus against a Karnes County trial court that granted a prevailing plaintiff a new trial, presumably because the jury did not award enough damages. In re Spotted Lakes,...
SCOTX Holds That Settlement Means Settlement, Rejecting Plaintiff’s Attempt to Evade Application of the Settlement Credit
Cracking the whip on an effort to evade the one-satisfaction rule, the Texas Supreme Court has held that a settlement agreement with an agreed judgment of $1.9 million, most of which will be paid prospectively, if at all, can be claimed by a non-settling defendant in...
In Concurring Opinion Justice Young Calls for Judgment Rendition Reform
Concurring in an opinion in which the Texas Supreme Court held that a judgment sent by e-mail to each party’s attorney in a divorce case was not “rendered” because it was not “publicly” announced, Justice Evan Young has called for an overhaul of the tripartite process...
SCOTX Rules for Lenders in Statute of Limitations Case on Certified Question from Fifth Circuit
In a case of great interest to lenders, the Texas Supreme Court responded to a certified question from the U.S. Fifth Circuit Court of Appeals regarding the application of Texas’ four-year statute of limitations to real property liens under § 16.035, CPRC. Linda...
TCJL Legislative
Analysis Process
TCJL Journal
Summer 2021
Highlights
Chairman’s Column
George Christian Award: Tribute to Chief Justice Nathan Hecht
Rob Looney Award to Chairman Jeff Leach
Super Staffer Awards: Recognizing Outstanding Legislative Staff
- Lauren Young
- Drew Tedford
- Andrea Stingley
2023 Annual Meeting
2024 Annual Meeting
88th Legislative Session Report
- Part 1: TCJL Priority Bills Passed in the 88th Session
- Part 2: Civil Justice-Related Bills that Failed in 2023
- Part 3: How Did TCJL’s Statement of Conservative Business Principles Fare?
- Part 4: Eminent Domain Update
- Part 5: Special Session Report – Legislature Prohibits Vaccine Mandates
TPLF: Third Party Litigation Funding
Pandemic Liability Two Years On
Texas Judges
2024 Elections Report
What’s on the Web
Amicus Report