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by Litigation
El Paso Court of Appeals Affirms TC Order Denying Arbitration Where Defendants Substantially Invoked Litigation Process
The El Paso Court of Appeals has upheld a trial court order denying a defense motion to compel arbitration in a dispute over a noncompete clause because the...
Houston [14th] Court Renders Take-Nothing Judgments Against Both Plaintiff and Defendant in Fraudulent Lien Case
In an outcome we can’t remember having seen, at least in a long time, the Houston [14th] Court of Appeals has reversed the trial and rendered take-nothing judgments...
Divided 15th Court of Appeals Upholds SOAH Dismissal of Property Tax Appeal Involving Classification of Industrial Property
The 15th Court of Appeals has upheld a trial court order granting SOAH’s and a SOAH ALJ’s plea to the jurisdiction in a case in which a taxpayer asked SOAH to...
San Antonio Court of Appeals Reverses TC Ruling That a Deed Reservation of “All Coal” Excluded Lignite
The San Antonio Court of Appeals has overturned a trial court ruling that a 1931 deed conveying an undivided 1/12 interest in an express reservation of “all Coal” in...
15th Court of Appeals Upholds Validity of TDI Rule Regarding TWIA Assessment of Excess Losses
The Fifteenth Court of Appeals has denied ASI Lloyds Insurance Company’s appeal in a dispute concerning the computation of excess-loss payments for damages caused by...
Dallas Court of Appeals Affirms TC Denial of TCPA Motion to Dismiss in Employer-Employee Dispute
The Dallas Court of Appeals has affirmed a trial court order denying an employer’s TCPA motion to dismiss a defamation lawsuit brought by its former employee....
El Paso Court of Appeals Reverses TC Order Granting Special Appearance of California Defendant Who Asserted Fiduciary Shield Doctrine
In a dispute over a failed, ‘eleventh hour’ real estate financing arrangement, the El Paso Court of Appeals has reversed the trial court’s order granting Defendant’s...
15th Court of Appeals Foils Venue-Shopping in Medicaid Fraud Qui Tam Case Against Pharmaceutical Company
The 15th Court of Appeals has conditionally granted a writ of mandamus requested by pharmaceutical company in qui tam action under the Texas Health Care Program...
Austin Court of Appeals Affirms TC Order Dismissing Case Against Director of Texas Military Forces Museum
The Austin Court of Appeals has affirmed a trial court ruling that dismissed the director of the Texas Military Forces Museum from a lawsuit over a gift of WWI...
Houston [14th] Court of Appeals Largely Affirms TC Summary Judgment for Insurer in Homeowner’s Insurance Dispute
In a home insurance policy dispute stemming from a 2020 plant explosion, the 14th Court of Appeals has affirmed a Harris County Civil Court at Law’s summary judgment...
15th Court of Appeals Overturns TC Order Reversing TCEQ Issuance of Wastewater Permit to Developers
The 15th Court of Appeals has reversed a Travis County district court ruling that substantial evidence did not support a TCEQ order granting a wastewater permit to residential property developers in Williamson County. AIRW 2017-L.P.; 600 Westinghouse Investments, LLC;...
Business Court Enforces Mutual Waiver Agreement Between Operators of Adjacent Leases
In a third opinion by Judge Bullard arising from the same dispute, the Business Court has granted in part and denied in part an defendant operator’s motion for summary judgment on plaintiff operator’s damages claim. Slant Operating LLC and Slant WTX Holdings, II, LLC...
Business Court Enforces Mutual Waiver Agreement Between Operators of Adjacent Leases
In a opinion by Judge Bullard arising from the same dispute, the Business Court has granted an operator’s motion for summary judgment on its breach-of-contract claim against another operator who allegedly breached a mutual waiver agreement. Slant Operating LLC and...
SCOTX Reverses Appraisal Award Based on Evident Partiality Rule
The Texas Supreme Court ha reversed a trial court order confirming an appraisal award where a neutral appraiser failed to disclose prior to his appointment that one of the parties would tip him for the appointment. Kevin Burke, et al. v. Houston PT BAC Office Limited...
Business Court Rejects Oil and Gas Leasholder’s Attempt to Claim Third-Party Beneficiary Status under Waiver Agreement Between Operators
In an opinion by Judge Bullard, the Business Court has granted a defendant operator’s plea to the jurisdiction on the basis that Plaintiff leaseholder was not a third-party beneficiary of an agreement between operators to waive objections to each other’s off-lease...
Business Court Applies Anti-Fracturing Rule to Dismiss Legal Malpractice, Fraud, and Other Claims Added to Case After Removal
The Business Court has dismissed for lack of jurisdiction a legal malpractice claim, as well as numerous fraud and breach of fiduciary duty claims under the anti-fracturing rule, that Plaintiff added to the case after removal from district court. Michael D. Crain,...
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