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15th Court of Appeals Affirms TC Summary Judgment for Workers’ Compensation Carrier in Benefits Dispute
The 15th Court of Appeals has affirmed summary judgment in favor of a workers’ compensation carrier in a dispute with an injured worker over the scope of her injury....
15th Court of Appeals Agrees with Trial Court That PUC Amendment to Rate Filing Package for Municipal Transmission Utility Was Arbitrary and Capricious
The 15th Court of Appeals has affirmed a Travis County district court ruling that the PUC violated its own rules when it made a significant change in its Rate Filing...
Business Court Tosses Lawsuit Arising Out of Dispute Between Devotees of Indian Saint Sai Baba
The Business Court has granted summary judgment to defendants in a lawsuit brought by trustees who pushed forward with an election to divest the existing board of...
15th Court of Appeals Rules for Comptroller in Franchise Tax Dispute Over COGS Deduction
The 15th Court of Appeals has affirmed a trial court judgment against two taxpayers whose franchise tax audit resulted in a deficiency. Toro Rojo, Inc. and Casco...
15th Court of Appeals Rejects Breach of Contract, Takings Claims Against MD Anderson Based on Sovereign Immunity
The 15th Court of Appeals has reversed a trial court order denying MD Anderson’s plea to the jurisdiction in a suit alleging that it breached a license agreement...
Business Court Largely Dismisses Lawsuit by Disgruntled Parishioners Against Second Baptist Church of Houston
The Business Court has granted summary judgment to the Second Baptist Church on most claims brought by an association of church members that contested a change in...
15th Court of Appeals Affirms TC Dismissal of State’s Lawsuit Against City of Dallas and State Fair of Texas Over Gun Ban
The 15th Court of Appeals has affirmed a trial court order granting summary judgment to the City of Dallas and State Fair of Texas in the much ballyhooed (and...
Business Court Rejects Work Product Privilege Assertion in Discovery Dispute
The Business Court has rejected an investment entity’s assertion of the work product privilege for notes taken by one of its representatives of a phone call with a...
15th Court of Appeals Applies Sovereign Immunity to Bar Property Owner’s Suit Seeking Restitution of Property Sold by State to Pay a Subsequently Overturned DTPA Judgment
The 15th Court of Appeals has reversed a trial court order denying the state’s plea to the jurisdiction in a lawsuit seeking restitution for the value of property...
Divided 15th Court Rules That Attorney Immunity Applies to Attorney That Allegedly Provided Business Advice to Corporate Entity
A split 15th Court of Appeals has reversed a Business Court order denying an attorney defendant’s Rule 91a motion to dismiss based on the affirmative defense of...
15th Court of Appeals Rules Largely In Favor of Junior College in Coverage Dispute with TASB’s Risk Management Fund
For the second time in two months, the 15th Court of Appeals has held that governmental immunity does not bar a junior college’s affirmative defenses exonerating the college from compliance with certain provisions of its property coverage policy provided by the fund....
15th Court of Appeals Reverses TC Denial of Hospital’s Motion to Dismiss Claim by Radiologists for Radiation Exposure
The 15th Court of Appeals has reversed a trial court order denying a hospital’s motion to dismiss claims by two radiologists who worked at the facility that the hospital’s negligence caused their skin cancer. Shannon Medical Center v. Michael Sickels and James...
Houston [14th] Court of Appeals Reverses and Remands Multi-Million Dollar Judgment Based on Improper Jury Argument, Inflammatory and Irrelevant Evidence
In an important decision, the Houston [14th] Court of Appeals has reversed and remanded a substantial plaintiffs’ judgment because plaintiffs’ counsel appealed to racial and gender prejudice in both trial and closing argument. Patriot Contracting, LLC, Stephen J....
Houston [1st] Court of Appeals Dismisses TTCA Claim Against City of Houston
City of Houston v. Danielle Williams, Individually and as Next Friend of D.C., a Minor (No. 01-24-00913-CV; August 18, 2024) arose from a 2022 collision between a Houston FD fire truck and a passenger vehicle that injured Plaintiffs. Plaintiffs sued the city for...
Dallas Court of Appeals Affirms TC Summary Judgment for Insurers in Manufacturer’s Action for Policy Benefits Arising from Pipe Rupture at Wafer Fab Facility
The Dallas Court of Appeals has affirmed a trial court order granting summary judgment to a group of insurers that issued all-risk policies with certain exclusions to Texas Instruments. Texas Instruments Incorporated v. Great Lakes Insurance SE, SCOR (UK) Co. Limited,...
Dallas Court of Appeals Reverses Plaintiff ‘s Verdict in Health Care Liability Case, Tosses $300,000 Award of Economic and Noneconomic Damages
The Dallas Court of Appeals has reversed a judgment rendered on a jury verdict awarding a plaintiff $300,000 in damages in her lawsuit against an ophthalmologist. Robert E. Torti, M.D., P.A. d/b/a Retina Specialists & Henry Choi, M.D. v. Rachel Martinez (No....
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