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by Litigation
Dallas Court of Appeals Reverses TC Dismissal of Hospitals’ Reimbursement Claims Against Health Insurer
The 5th Court of Appeals reversed a trial court order dismissing with prejudice breach of claims of several hospitals’ claims against an insurer on the basis that...
Corpus Christi Court of Appeals Upholds Summary Judgment for Insurer in UIM Case
In a case transferred from the Fort Worth Court of Appeals, the Corpus Christi Court of Appeals has affirmed a trial court order granting summary judgment on behalf...
Austin Court of Appeals: Abortion Funds Have Standing to Challenge SB 8, TCPA Inapplicable, Clearing Way for SCOTX Consideration
On remand from the Texas Supreme Court, the Austin Court of Appeals has held that patients, physicians, and abortion funds have standing to challenge the...
SCOTX Vacates Default Judgment, Holds That Whitney Certificate Is Not Irrebuttable Evidence of Substituted Service
The Texas Supreme Court has reversed a Corpus Christi Court of Appeals decision affirming a default judgment on the basis that the secretary of state’s Whitney...
Corpus Christi Court of Appeals Upholds Summary Judgment for Producer in Royalty Dispute
The Corpus Christi Court of Appeals has affirmed a summary judgment and attorney’s fee award for a producer in a royalty dispute. Roane-Williams Texas Minerals, LLC...
Business Court Grants Summary Judgment for AT&T in Defamation Case
Fiberwave, Inc. f/k/a Spearhead Consulting, Inc. v. AT&T Enterprises, LLC f/k/a AT&T Corp. v. Fiberwave, Inc. f/k/a Spearheading Consulting, Inc. Spearhead...
Dallas Court of Appeals Reverses, Remands TC Order Denying Physician’s Motion to Dismiss for Failure to Serve Adequate Expert Report
The Dallas Court of Appeals has reversed a trial court order denying a physician’s motion to dismiss a health care liability claim for failure to serve an expert...
San Antonio Court of Appeals Affirms Summary Judgment for Possessor in Adverse Possession Case
The San Antonio Court of Appeals has upheld a trial court order granting summary judgment to defendants who acquired title to the disputed property by adverse...
Amarillo Court of Appeals Reverses $300,000 Judgment in DTPA Case
The Amarillo Court of Appeals has reversed a judgment on a $300,000 verdict for alleged knowing violations of the DTPA. Wolfcreek Minerals, LLC and Brett Duke v....
In Concurring Opinion, Justice Gunn Urges Prohibition on Pretext Instructions
Houston [1st] Court of Appeals Justice David Gunn has urged Texas appellate courts to rule that trial courts do not have discretion to submit pretext instructions...
San Antonio Court of Appeals Hands Bexar CAD Major Defeat in Taxpayer Lawsuit
The San Antonio Court of Appeals has dealt the Bexar Central Appraisal District a legal defeat that cost local governments in the county millions of dollars in property tax revenue. Bexar Appraisal District v. Abasto Properties, et al. (No. 04-22-00675-CV; December...
Houston [1st] Court of Appeals Affirms TC Denial of Chapter 74 Motion to Dismiss for Inadequate Expert Report
In this interlocutory appeal, the Houston [1st] Court of Appeals affirmed the trial court’s order denying a motion to dismiss a healthcare liability claim based on an inadequate expert report. In Methodist Health Centers and The Methodist Hospital v. Scott Mackender...
Corpus Christi Court of Appeals Reverses TC Order Denying Trustee’s TCPA Motion to Dismiss as to Some Claims, Not Others
In this interlocutory appeal, Frost Bank contended the TC erred in denying its motion to dismiss under the Texas Citizens Participation Act (TCPA). Frost Bank v. Michele Glenn, Individually, Perry Hiller, Individually and as Duly Appointed Administrator of the Estate...
SCOTX to Hear Arguments in Big Qui Tam Medicaid Fraud Case
This morning SCOTX will hear oral arguments in a case analyzing the materiality requirements of “false statement” and “omission” claims under the Texas Medicaid Fraud Prevention Act (TMFPA). The Houston [1st] Court of Appeals reversed and remanded a lower court’s...
Business Court Denies Defense Motion to Reconsider Remand Order and for Permissive Appeal
The Business Court has reaffirmed its decision last month to grant a plaintiff’s motion to remand a case to district court because the defendants’ motion was untimely. Sun Metals Group, LLC v. Shuangcheng Yu, Mengling Sun, Sunmetals Products of American, Inc, and...
19 Justices and Judges (And Counting) Receive Board Certification in Judicial Administration
Prior to the 2023 legislative session, TCJL proposed the creation of a new board certification for sitting justices and judges and those attorneys with an interest in pursuing careers on the bench. We hoped that the availability of a prestigious credential (attorney...
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