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SCOTX Denies Review in Controversial Chapter 74 Expert Report Case
The Texas Supreme Court has denied review in a Chapter 74 health care liability case that split the Corpus Christi Court of Appeals right down the middle. Elizar...
Divided Dallas Court of Appeals Holds (Incredibly) That a Tornado is Not a Windstorm
In an opinion that borders on the bizarre, a split Dallas Court of Appeals panel has held that a homeowners insurance policy with a special deductible for damage...
Divided Austin Court of Appeals Reverses TC Summary Judgment Severing Plaintiff’s Vicarious Liability Claim Against Driver’s Employer in Trucking Case
Over a vigorous dissent, the Austin Court of Appeals has reversed a trial court order granting summary judgment and severing Plaintiff’s vicarious liability claim...
In Case of First Impression, Houston [14th] Court of Appeals Reverses Asbestos MDL Court’s Defense Ruling on Summary Judgment Motion
In a case of first impression, the Houston [14th] Court of Appeals has reversed an Asbestos MDL pre-trial court order granting a no-evidence summary judgment in an...
SCOTX Grants Rehearing in Dispute Between San Antonio Auto Dealer, Distributor, and Texas Department of Motor Vehicles
In late September of last year, the Texas Supreme Court denied the petition for review of an El Paso Court of Appeals decision in favor of the Texas Department of...
ExxonMobil Prevails in Statutory Employer Case Before Houston [14th] Court of Appeals
In a case stemming from a 2019 fire and explosion at ExxonMobil’s Baytown Olefins Plant, the Houston [14th] Court of Appeals has reversed a trial court order denying...
SCOTX Holds That “Imperfect” Medical Authorization Form Still Triggers 75-Day Tolling Provision in Chapter 74 Health Care Liability Claim
The Texas Supreme Court has reversed a Beaumont Court of Appeals decision holding that a defective Chapter 74 medical authorization form filed with the required...
Fort Worth Court of Appeals Holds TCPA Inapplicable to Declaratory Judgment Action Challenging Constitutionality of SB 8
Joining the Austin Court of Appeals, the Fort Worth Court of Appeals has held that the Texas Citizens Participation Act (Ch. 27, CPRC) cannot be used to shut down an...
Dallas Court of Appeals Reverses County Court At Law Dismissal of Landlord’s Eviction Action for Abuse of Discretion
A routine landlord-tenant dispute is not something we would ordinarily report, but we note this one out of the Dallas Court of Appeals because it appears to involve...
Amarillo Court of Appeals Affirms Judgment Against TxDOT in Motorcyle Accident Case
The Amarillo Court of Appeals has held that the Texas Tort Claims Act’s limitation on a governmental entity’s liability in a premises liability case did not apply...
SCOTX Reverses Court of Appeals in Jury Charge Error Case Involving Slip and Fall in Grocery Store
The Texas Supreme Court has reversed a Houston [14th] Court of Appeals decision overturning a take nothing judgment in favor of a Randall’s grocery store. Albertsons, LLC d/b/a Randall’s; Albertsons Companies, LLC d/b/a Randall’s; Randall’s Food Markets, Inc. d/b/a...
San Antonio Court of Appeals Affirms Favorable Defense Verdict on Damages in Trucking Case
In yet another commercial trucking case, the San Antonio Court of Appeals has rejected the plaintiff’s appeal of a jury verdict that awarded past medical expenses but zero damages for past physical pain, mental anguish, or any other element of damages. Richard Parker...
SCOTX Reverses Court of Appeals Judgment Holding Arbitration Too Cost Prohibitive to Homeowner
Lennar Homes of Texas, Inc.; Lennar Homes of Texas Land and Construction, Ltd.; Lennar Homes of Texas Sales and Marketing, Ltd. v. Mohammad Rafiei (No. 22-0830) arose from a personal injury suit arising from the explosion of a garbage disposal in the homeowner...
Divided Corpus Christi Court of Appeals Affirms Denial of TCPA Motion to Dismiss
Over a vigorous dissent by Justice Benavides, the Corpus Christi Court of Appeals has affirmed a trial court order denying dismissal of defendants’ counterclaim for defamation under the Texas Citizens Participation Act (Ch. 27, CPRC). Michael Neuman, Individually and...
Texarkana Court of Appeals Vacates TI Order Granted in Violation of TRCP 683, 684
The Texarkana Court of Appeals has vacated a Bowie County district court’s order granting a temporary injunction to compel an insurer to continue paying an insured’s living expenses. USAA General Indemnity Company v. Kenneth O’Bryant (No. 06-23-00084-CV; January 18,...
Austin Court of Appeals Finds No Jurisdiction in Former District Judge’s Appeal from Special Court of Review
The Austin Court of Appeals has dismissed a former Nueces County district judge’s appeal from an order of a special court of review affirming the State Commission on Judicial Conduct’s decision to sanction the judge. In re Inquiry Concerning Honorable Guy Williams...
TCJL Legislative
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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
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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
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TPLF: Third Party Litigation Funding
Pandemic Liability Two Years On
Texas Judges
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Amicus Report