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Appeals TX Supreme Court

McGlinchey Stafford

Vexatious Litigant Laws Clarified by Texas Supreme Court

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The recent decision in Serafine v. Crump by the Supreme Court of Texas primarily revolves around the interpretation of what constitutes “litigation” under Texas law, particularly in the context of determining whether someone...more

White & Case LLP

Implications of the Texas Supreme Court and the Fifth Circuit Court of Appeals Ruling on Fuel Gas Royalties

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On June 4, 2024, the United States Court of Appeals for the Fifth Circuit affirmed the dismissal of an "at the well" royalty holder's class action lawsuit after the Texas Supreme Court held that Hilcorp Energy Co. properly...more

Butler Snow LLP

Countdown to Business Courts and Other Key Changes Affecting Business Litigation in Texas

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Texas is known as a business-friendly state. With every biennial session, the Texas Legislature passes laws affecting our courts and commercial disputes. This post discusses changes from the most recent regular session that...more

Skadden, Arps, Slate, Meagher & Flom LLP

Three Unfolding Cases Could Shape Future Energy Litigation, and Perhaps Business Practices

A stream of judicial decisions in the pipeline will have important implications for the energy industry. The three cases discussed below are among those that energy litigators and industry professionals are watching in 2024....more

Mitchell, Williams, Selig, Gates & Woodyard,...

PSD/Clean Air Act: Federal Appellate Court Certifies Texas Commission on Environmental Quality/BACT Question

The United States Court of Appeals, Fifth Circuit (“Fifth Circuit”) in a February 16th Order considered the Port Arthur Community Action Network (“PACAN”) Petition for a review of a decision by the Texas Commission on...more

Vinson & Elkins LLP

Invest in Texas: A Powerful Defense of Limited Liability

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Chris Popov and Mike Heidler, partners at Vinson & Elkins, talk through a major opinion from the Texas Supreme Court, their role in the case, and what it means for investors in Texas companies....more

Butler Snow LLP

Texas Enhances Permissive Appeals by Requiring Explanation for Denials and Expanding Supreme Court Review

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The Texas Supreme Court has unveiled a change to Texas Rule of Appellate Procedure 28.3 to implement recent legislation requiring the state’s 14 intermediate appellate courts to explain themselves when denying petitions for...more

(ACOEL) | American College of Environmental...

Bounty Laws and Citizen Suits

In a jurisprudential pile-up, the Fifth Circuit has become the arena for two simultaneous legal battles that may shape the law of standing and realign federal environmental law. While all eyes are on the U.S. Supreme Court...more

King & Spalding

A Business Court in Texas: What It Means for Litigants, Attorneys, and Commercial Law

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After years of stalled attempts, Texas will soon be the thirtieth state to establish a specialized business court specifically designed to hear complex commercial cases. House Bill 19, recently approved by the Texas...more

Maron Marvel

Contractual Additional Insureds – What Coverage? The Texas Supreme Court Weighs In

Maron Marvel on

Primary and excess insurance carriers and their counsel need to pay close attention to a new Texas Supreme Court case Exxon Mobil vs. National Union Fire Insurance Company of Pittsburgh Pennsylvania and Starr Indemnity &...more

Bracewell LLP

Storage Wars: Ownership of Subsurface Salt Cavern Storage Rights

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Underground salt caverns are commonly used for the storage of liquids including liquefied hydrocarbons. These caverns are created by solution mining of salt from inside underground salt formations and could play a pivotal...more

Bradley Arant Boult Cummings LLP

It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory...

A novel question arose over the past few years in residential construction law as to whether minors were subject to the contractual provisions in their parents’ purchase or construction contract. The contract typically has a...more

Snell & Wilmer

Texas Finds Actual Notice is Not Substantial Compliance with a Written Notice Provision

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The Supreme Court of Texas recently addressed notice requirements in a construction contract. In James Construction Group, LLC v. Westlake Chemical Corporation, the court held that even though the substantial compliance...more

Winstead PC

Texas Supreme Court Holds That A Director Of A Corporation Cannot Hold An Informal Fiduciary Duty To A Stockholder

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In In re Estate of Poe, shortly before his death, Dick, who was the sole director of Poe Management, Inc. (PMI), authorized the corporation to issue new shares that he bought for $3.2 million. No. 20-0178, 2022 Tex. LEXIS 544...more

Freeman Law

Restricted Appeals in Texas

Freeman Law on

Restricted Appeals A restricted appeal is a direct attack on a judgment. To be entitled to a restricted appeal, an appellant must demonstrate several elements described below. ...more

Jones Day

Policyholders Receive Needed Guidance on Use of Extrinsic Evidence in Texas When Enforcing an Insurer's Duty to Defend

Jones Day on

The U.S. Court of Appeals for the Fifth Circuit recently applied the newly adopted Texas Supreme Court decision outlining those circumstances in which extrinsic evidence may be used to determine an insurer's duty to defend...more

Gray Reed

Well Operator Escapes Liability After Disposing of its Working Interest

Gray Reed on

Does a former working-interest owner of a well bear continuing responsibility for a defective gas line despite having conveyed its ownership interest? The line was constructed by the former owner as operator of record, and it...more

Butler Snow LLP

The Fifth Circuit Court of Appeals Just Slammed the Door on Texas Businesses Seeking Insurance Coverage for Lost Revenue Due to...

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In a pair of opinions issued last month, the Fifth Circuit Court of Appeals held that Texas businesses’ COVID-19 related income loss was not covered by standard business income and extra expense (“BI/EE”) endorsement in...more

White and Williams LLP

The Complex Insurance Coverage Reporter – 2021 Year In Review

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Welcome to CICR’s annual recap of insurance cases you should know about — and others in the pipeline to watch. You can read about our selections for “Cases to Know” and “Cases to Watch” below. In the last year, we saw...more

Butler Snow LLP

The Current State of Delta-8 Substances

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In recent months, Delta-8—a cannabinoid derived from the hemp plant—has emerged in Texas news. Delta-8 products have been sold in Texas since the Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill,...more

Butler Snow LLP

An Unexpected Path to the Appellate Bench | Justice Rebeca Huddle | Texas Appellate Law Podcast

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People take many paths into the practice of law. These varied experiences provide important perspectives that enrich and improve the legal industry. This week, Todd Smith and Jody Sanders talk with Texas Supreme Court Justice...more

Butler Snow LLP

Disagreement of the minds? Texas Supreme Court hears arguments on implied revocation contracts doctrine.

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“Meeting of the minds” is a phrase that every lawyer remembers spoken in the voice of their 1L contracts professor. Amid the explanation of offer, acceptance, and the ever-perplexing concept of consideration, the objective...more

Cozen O'Connor

Fifth Circuit Weighs in on Aftermath of Texas Supreme Court’s Decisions Affecting Insurers’ Pre-Appraisal Award Payments and...

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Just a few short years ago, there was a bright line rule under Texas law concerning appraisal awards. If an insurer timely paid an appraisal award, that payment extinguished all of the insurer’s contractual and...more

Butler Snow LLP

Handling the Texas Supreme Court’s Public Information | Osler McCarthy | Texas Appellate Law Podcast

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Any serious Texas Supreme Court follower knows that the Court isn’t the only institution in that courthouse. Osler McCarthy, the Court’s staff attorney for public information, is another one. Many court watchers wait eagerly...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Supreme Court Issues Two Key Pro-Arbitration Decisions

Arbitration agreements are intended to expedite the legal process while minimizing fees and costs. In reality, former employees and their counsel often resist submitting their employment claims to arbitration, resulting in...more

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