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TX Supreme Court

Haynes Boone

Staying With the Current: Key Texas Water Decisions in 2025

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In 2025, the Texas Supreme Court issued several decisions with meaningful implications for Texas water law. The decisions provide guidance on ownership of produced water, agency discretion during wastewater permitting and...more

McGinnis Lochridge

Summary Judgment, Summarized: What you need to know about the Texas Supreme Court’s Proposed Rewrite of Rule 166a

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Texas civil litigators take note: after nearly three decades, summary judgment practice is getting a facelift. The Texas Supreme Court has issued a complete rewrite of Rule 166a of the Texas Rules of Civil Procedure, which is...more

Freeman Mathis & Gary

March 4, 2026: A big day for transportation at the highest courts

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March 4, 2026, is shaping up to be a big day for transportation at the Supreme Court of the United States and the Supreme Court of Texas. Both Courts will hear oral argument on cases that could significantly change the tort...more

Winstead PC

Texas Supreme Court Holds That An Order Admitting A Will To Probate Was Not A Final Order Because It Did Not Resolve A Will...

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In In the Estate of Wheatfall, after Hugh Wheatfall died in 2018, Isaiah Wheatfall filed for letters of administration in February 2019, claiming intestacy, and Theresa DeBose filed to probate a 2009 will one week later. No....more

Houston Harbaugh, P.C.

Texas Supreme Court Agrees to Hear Argument on Whether ‘Free of Cost’ Clause in 1960 Deed Prohibits the Deduction of...

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The practice of deducting post-production costs from landowner royalties continues to be controversial and contentious issue here in Pennsylvania. Many landowners sought to insulate their royalties from such deductions by...more

Porter Hedges LLP

Texas Supreme Court Clarifies Scope of Immunity for Contractors on TxDOT Projects

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The Texas Supreme Court recently issued an important decision for contractors, subcontractors, and infrastructure companies working on public roadway projects. In Third Coast Services, LLC v. Castaneda, the Court confirmed...more

Gray Reed

Breaking Ground on Broader Immunity: Texas Supreme Court Expands Immunity for Lower-Tier Roadway Contractors

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The Texas Supreme Court’s recent holding in Third Coast Servs., LLC v. Castaneda expands potential liability coverage under § 97.002 of the Texas Civil Practice & Remedies Code by reasoning that so long as the contractor...more

Gray Reed

Texas Supreme Court Justice Throws a Lifeline to Mineral Rights Owners

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In Ageron Energy LLC v. ETC Texas Pipeline, LTD Justice Busby authored a concurring opinion in the denial of a petition for review to the Supreme Court in which he criticized the majority opinion of the Court of Appeals...more

Baker Botts L.L.P.

SCOTX 2025 Year-End Update

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The Texas Supreme Court recently wrapped up the 2025 part of its 2025-26 term, and based on raw opinion numbers, the Court’s pace slightly lags its most recent prior terms....more

Miles Mediation & Arbitration

Application of the Economic Loss Rule in Texas

The economic loss rule provides a limitation on damages in cases alleging both breach of contract and certain other causes of action sounding in tort, by precluding a party’s recovery of damages when the only economic loss is...more

McGinnis Lochridge

From Waste To Wealth: Cactus Water Services V. Cog Operating And The Coming Storm Of Produced Water Litigation

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In one of the most anticipated cases of 2025, the Texas Supreme Court’s decision in Cactus Water Services, LLC v. COG Operating, LLC, No. 23-0676, resolves—on its face—a straightforward question of first impression: who owns...more

Bradley Arant Boult Cummings LLP

Who Do You Work For? Texas Supreme Court Expands Contractor Immunity on Roadway Projects

When injuries occur on public roadways, plaintiffs often look beyond the immediate parties and sue the engineers and contractors who designed or built the roadway....more

Esquire Deposition Solutions, LLC

Our View: Careful Digital Reporting Is Clearly Lawful in Texas

Earlier this year a trial court in Montgomery County, Texas, excluded from evidence a non-stenographic deposition transcript in a civil case pending in that court.  In response to this order, opponents of non-stenographic...more

Winstead PC

The Texas Supreme Court Holds That Shareholders Of A Real Estate Investment Trust Did Not Have Standing To Assert Individual...

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In In re Umth Gen. Servs., L.P., United Development Fund IV (“Trust”) was a Maryland real estate investment trust with over 12,000 shareholders. No. 24-0024, 2025 Tex. LEXIS 1029 (Tex. November 14, 2025)....more

Hicks Johnson

Who Owns the Empty Space? Key Takeaways from Myers-Woodward for Surface and Mineral Rights in Texas

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In Texas, legal battles over the subsurface have typically focused on what comes out of the ground: oil, gas, and minerals. But as subsurface use evolves, it raises a new question: Who owns the empty space left once minerals...more

BakerHostetler

Supreme Court of Texas Approves Amendments to Civil Procedure Rule 201 Based on UIDDA, Streamlining Interstate Discovery

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The Supreme Court of Texas has joined most of the nation in conforming its rules to the Uniform Interstate Depositions and Discovery Act (UIDDA) in finalizing amendments to Texas Rule of Civil Procedure 201. These changes,...more

Husch Blackwell LLP

Texas Supreme Court Reverses Nuclear Verdict Based on a Lack of Proximate Causation

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The Texas Supreme Court’s recent decision in Werner Enterprises, Inc. v. Blake (No. 23-0493) clarifies proximate causation in personal injury cases ensuring an appropriate bar for proving the causation element of a negligence...more

Phelps Dunbar

Texas Supreme Court Victory for UM/UIM Insurers Faces Possible Reversal

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In April, the Texas Supreme Court set a favorable precedent for Uninsured and Underinsured (UM/UIM) insurers when it held that an insured seeking to recover UM/UIM benefits must secure a judgment to establish the UM/UIM...more

BakerHostetler

Pore Space Update: Texas Joins the Majority American Rule, but Accommodation Issues Remain at Play

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Texas is the latest in a growing number of states to tackle the issues related to ownership and severability of the pore space underneath land as carbon capture and sequestration (CCS) remains a relevant tool in CO2...more

Steptoe & Johnson PLLC

Is (Produced) Water… Water? The Texas Supreme Court’s Ruling on the Rights of Produced Water

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On June 27, the Supreme Court of Texas issued its long-awaited ruling in Cactus Water Services, LLC v. COG Operating, LLC addressing the ownership of produced water under an oil and gas conveyance. In Cactus Water, the Court...more

IMS Legal Strategies

Effective Strategies for Daubert and Robinson Challenges

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In high-stakes litigation, expert testimony that cannot withstand a Daubert or Robinson challenge can derail even the most well-prepared case. A failed Daubert or Robinson challenge can leave attorneys without their key...more

Houston Harbaugh, P.C.

Creating a Chasm or Filling a Void?

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If you drive around Pennsylvania, you are likely not going to encounter a “For Sale” sign offering a cavern in the ground. But the voids, pore spaces, and cavities in the subsurface can be quite valuable now and in the...more

Akerman LLP

Texas Supreme Court Clarifies Proximate Cause in Catastrophic Highway Accident – Werner Enterprises, Inc. v. Blake

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On June 27, 2025, the Texas Supreme Court issued its opinion in Werner Enterprises, Inc. v. Blake, No. 23-0493, providing significant guidance on the doctrine of proximate cause in Texas negligence law. The Court reversed a...more

McGinnis Lochridge

Producer’s Edge - Texas Oil And Gas Law Bulletin: Vol. 7, Issue 1

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The McGinnis Lochridge Oil and Gas Practice Group publishes the Producer’s Edge with the purpose of keeping our valued clients and contacts in the oil and gas industry updated and informed regarding interesting Texas case law...more

Husch Blackwell LLP

Texas Supreme Court Clarifies That Specific Performance Can Include Monetary Relief

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On June 13, 2025, the Supreme Court of Texas delivered a 17-page opinion in White Knight Development, LLC v. Simmons clarifying that monetary damages may be awarded alongside specific performance in real estate contract...more

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