No Regulation
by Litigation
Business Court Rules Limitation-of-Liability Provisions in Telecom Contract Inappliable to Tortious Interference, Defamation Claims
The Business Court [Houston Division] has denied AT&T’s motion for partial summary judgment with regard to a wireless provider’s claims for tortious interference...
Amarillo Court of Appeals Dismisses Inverses Condemnation Claim Against TXDOT
The Amarillo Court of Appeals has reversed a trial court order denying TxDOT’s plea to the jurisdiction in an inverse condemnation case brought by roadside...
Business Court Dismisses Veil-Piercing, Breach-of-Contract Claims Under Rule 91a
The Business Court [Eighth Division] has granted a Rule 91a motion to dismiss veil-piercing and breach-of-contract claims in a dispute between a California-based...
Amarillo Court of Appeals Mandamuses Trial Court for Denying Defendant’s Designation of RPT in Dram Shop Case
The Amarillo Court of Appeals has granted a bar owner’s mandamus petition after the trial court denied its motion for leave to designate a responsible third party....
SCOTX Reverses San Antonio Court of Appeals, Finds Trial Court Committed Harmful Error in Allowing Expert Witness, a Former Judge, to Instruct the Jury About the Law
The Texas Supreme Court has reversed the San Antonio Court of Appeals and remanded for new trial an heirship dispute turning on whether the deceased father had a...
TCJL Files Amicus Brief in Easement by Estoppel Case
TCJL has filed an amicus brief in a case argued before the Texas Supreme Court earlier this week. Boerschig v. Rio Grande Electric Cooperative, Inc. (24-0213) arose...
San Antonio Court of Appeals Affirms TC Denial of TCPA Motion to Dismiss in Oil and Gas Dispute
The San Antonio Court of Appeals has affirmed a trial court’s denial of an oil and gas operator’s TCPA motion to dismiss an adjoining lease owner’s...
El Paso Court of Appeals Grants Permissive Appeal, Rules That Res Judicata Does Not Bar Mineral Interest Owners Suit Against Producer
In a decision on a permissive appeal, the El Paso Court of Appeals has reversed a trial court summary judgment order determining that res judicata does not apply to...
In Concurring Opinion, Justice Young Points To Conflict Between Houston Courts of Appeals on Evidentiary Status of Superseded Admissions
In an opinion concurring with the Texas Supreme Court’s denial of a city’s petition for review in a Tort Claims Act case, Justice Evan Young pointed out a conflict...
In Concurrence, Justice Busby Takes Issue With El Paso Court of Appeals Majority in Subsurface Trespass Case
In a case with significant ramifications for the oil and gas industry which we first reported last January, the Texas Supreme Court has denied review of a split El...
Eastland Court of Appeals Affirms Summary Judgment for Producer in Royalty Dispute
The Eastland Court of Appeals has affirmed a judgment in favor of the producer in a royalty dispute with a family group of property owners in Midland County. Evans Resources, L.P.; Evans I, Ltd.; Evans I Development, Ltd.; Michael Scott Evans and Rose Elaine Evans...
Houston [14th] Court of Appeals Reverses TC Denial of Maritime Transportation Company’s Special Appearance in Personal Injury Case
The Houston [14th] Court of Appeals has dismissed a plaintiff’s personal injury claims against a maritime transportation company for lack of personal jurisdiction. Odyssea Phoenix, LLC v. Howard Wilcox-Carleton (No. 14-24-00622-CV; November 4, 2025) arose when Howard...
Austin Court of Appeals Affirms Trial Court Ruling Directing Claimant to Pay Attorney’s Fees Out of Workers’ Compensation Recovery
The Austin Court of Appeals has upheld a trial court order requiring the employee in a workers’ compensation case to pay his lawyer’s fees out his recovery of certain supplemental income benefits. Law Offices of Miller & Bicklein, PC and Daniel Miramontes v. Ace...
SCOTUS Decision in Mallory Has No Effect on Texas Foreign Entity Registration Statute
A 2023 U.S. Supreme Court decision has become a flashpoint in the State of Texas’ litigation against the manufacturer of Tylenol. That decision, which held that a Pennsylvania statute requiring a foreign entity to consent to the general jurisdiction of Pennsylvania...
Tyler Court of Appeals Affirms $450,000 Judgment Against Grocery Chain in Slip-and-Fall Case
The Tyler Court of Appeals has upheld a $450,000 judgment against an East Texas grocery store chain because it did not preserve for appeal the issue of Plaintiff’s capacity to sue for past medical expenses. Brookshire Grocery Company v. Frankie York (No....
SCOTX Rules That Statutory Affirmative Defense for Highway Contractors Does Not Require Contractual Privity with TxDOT
In a case we first reported last April, the Texas Supreme Court has reversed a Houston [14th] Court of Appeals holding that § 97.002, CPRC, which protects a road contractor from liability if the contractor performs the work in substantial compliance with TxDOT’s...
Subscribe to TCJL Emails
TCJL Legislative
Analysis Process
TCJL Journal
Spring 2024
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