News & Analysis as of

TX Supreme Court

Butler Weihmuller Katz Craig LLP

Texas Supreme Court Answers Certified Question in Favor of Insurer on Preclusion of Attorney’s Fees Under Texas Insurance Code...

When an insurer pays the full amount of an appraisal award plus statutory interest, the insured is precluded from recovering attorney’s fees under Chapter 542A of the Texas Insurance Code, according to a recent decision from...more

Segal McCambridge

Attorney’s Fees Post Appraisal in Chapter 542A Claims? Think Again!

Segal McCambridge on

The Texas Supreme Court recently issued an opinion in Rodriguez v. Safeco Ins. Co. of Ind. addressing the following certified question from the United States Court of Appeals for the Fifth Circuit: In an action under Chapter...more

Hinshaw & Culbertson - Consumer Crossroads

The Texas Supreme Court Has Spoken: Mortgage Servicers May Rewind and Restart the Statute of Limitations Clock Within the Same...

Last week, the Texas Supreme Court answered the Fifth Circuit’s certified question as to whether simultaneous rescission and reacceleration can reset the limitations period under Texas Law by holding that “a rescission that...more

Oliva Gibbs LLP

Flipping the Switch on Disputed Gas Royalty Payments: On Lease v. Off Lease

Oliva Gibbs LLP on

I. Introduction - The dispute over a lessee’s obligation to pay royalty amounts for gas used off-premises continues as the Fifth Circuit certified two questions to the Texas Supreme Court last month. At issue, is whether...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

Cozen O'Connor

The End of a "Forever War"?: Texas Supreme Court Answers Certified Question Concerning Appraisal

Cozen O'Connor on

In Rodriguez v. Safeco Ins. Co. of Ind. the Texas Supreme Court addressed a key issue concerning appraisal that was dividing lower Texas state courts and Texas federal district courts. The United States Court of Appeal for...more

McDermott Will & Emery

Prohibiting Gender-Affirming Care for Minors: Update on Texas Senate Bill 14-related Lawsuits

By way of background, in May 2023, the Texas Legislature passed Senate Bill No. 14 (SB 14), which prohibits physicians and other licensed medical professionals from providing gender-affirming medical care to minors. Almost...more

Dinsmore & Shohl LLP

Texas Supreme Court Rules to Foreclose Attorney’s Fees in First Party Appraisal Context

Dinsmore & Shohl LLP on

The Supreme Court of Texas has issued its much-anticipated opinion on an open attorney’s fees question in the area of First Party Property appraisals....more

McGuireWoods LLP

Texas Supreme Court Hears Oral Argument in Major Winter Storm Uri Case

McGuireWoods LLP on

In February 2021, winter storm Uri hit Texas, causing a sharp spike in electricity demand that could not be satisfied by available generation resources, resulting in statewide blackouts. Commercial, industrial and residential...more

Gray Reed

PSA Well Permit Dispute Makes its Way to the Texas Supreme Court

Gray Reed on

Contacted at his seaside villa, Captain Renault said he was shocked that Elsie and Adrian Opiela are asking the Texas Supreme Court to review questions surrounding the Railroad Commission’s approval of a drilling permit for a...more

Adams and Reese LLP

Eight Corners Rule Update – Texas Federal Courts Apply Monroe Exception to Consider Extrinsic Evidence

Adams and Reese LLP on

A previous update analyzed the critical case of Monroe Guaranty Ins. Co. v. Bitco Gen. Ins. Corp., where the Texas Supreme Court recognized an exception to Texas’s “eight corners rule” but found the exception inapplicable to...more

Winstead PC

Texas Supreme Court To Review Joinder Issue In A Trust Dispute

Winstead PC on

In In re Tr. A & Tr. C, Established Under Bernard L. & Jeannette Fenenbock Living Tr. Agreement, Dated Mar. 12, 2008, a co-trustee of a family trust transferred stock from the trust to her personal trust and then sold the...more

Winstead PC

Who Has The Duty To Prepare An Accounting When The Trustee Dies Or Becomes Incapacitated?

Winstead PC on

Beneficiaries of trust can face a difficult situation when the trustee of their trust either dies or becomes incapacitated. They may have many questions about the trust, such as what assets are in the trust or should be in...more

Holland & Hart - Your Trial Message

Ground Your Noneconomic Damages Anchor 

Most of those who work in civil litigation are now familiar with the “anchoring effect,” and know that suggesting a number has an influence when it comes to damages. But attorneys may not know just how powerful that effect...more

Vinson & Elkins LLP

Invest in Texas: A Powerful Defense of Limited Liability

Vinson & Elkins LLP on

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

DRI

Noneconomic Damages - Anchoring a Verdict Without Angering the Court

DRI on

The practice of anchoring in litigation is a well-known, much discussed practice among plaintiff-and defense-oriented attorneys and legal organizations. In, Gregory v. Chohan, 2023 Tex. LEXIS 528 (Tx. Jan. 31, 2023), the...more

Carlton Fields

Texas Doubles Down on “Intent to Deceive” as Requirement to Void Insurance Policy

Carlton Fields on

The Texas Supreme Court reinforced common law precedent that insurers cannot avoid liability under an insurance policy based on a misrepresentation in an insurance application unless the insurer can establish that the insured...more

McGuireWoods LLP

Winter Storm Uri Power Dispute Reaches the Supreme Court of Texas

McGuireWoods LLP on

On Sept. 29, 2023, the Supreme Court of Texas announced it will review a lower court’s reversal of two winter storm Uri orders by the Public Utility Commission of Texas (PUCT), which date back to 2021. During the historic...more

Carlton Fields

Texas Supreme Court Remands Case in Light of Recent Ruling That Arbitrator Must Determine Arbitrability for AAA Arbitration...

Carlton Fields on

In a lawsuit brought by a car dealership (Lone Star) against a car auction company (Alliance), the latter moved to compel arbitration as a third-party beneficiary of an agreement between Lone Star and a separate company that...more

Butler Snow LLP

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

Butler Snow LLP on

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

Foley & Lardner LLP

Texas Supreme Court Decides What “One-Half of One-Eighth” Means in 1924 Oil and Gas Deed

Foley & Lardner LLP on

Simple math isn’t always simple. As the Texas Supreme Court recently put it, “[o]nly in a legal text could the formula ‘one-half of one-eighth’ mean anything other than one-sixteenth.” No. 21-0146, 2023 WL 2053175 (Tex....more

Maron Marvel

Examining the Case of Schindler Elevator Corporation v. Darren Ceasar: A Breakdown of the Texas Supreme Court’s Decision

Maron Marvel on

THOUGH APPLIED RARELY, A RES IPSA INSTRUCTION ON A JURY CHARGE CAN SPELL DISASTER. The Texas Supreme Court ruled recently that a trial court abused its discretion by including a res ipsa loquitur instruction on a jury...more

Vinson & Elkins LLP

[Hybrid Event] Lessons for Investors Following the Texas Supreme Court’s In re First Reserve Decision - August 17th, Houston, TX

Vinson & Elkins LLP on

In its In re First Reserve decision, the Texas Supreme Court addressed categories of corporate conduct that investors can engage in without incurring direct tort liability for incidents that occur on the premises of a...more

Winstead PC

Arbitration for All: Texas Supreme Court Hands Down Two Big Wins for Developers and Builders Seeking to Enforce Arbitration...

Winstead PC on

While it may seem evident that household members and subsequent purchasers bringing a construction defect claim are bound by the arbitration provision contained in the purchase and sale contract for the home, that was not the...more

Schiffer Hicks Johnson

Texas Supreme Court to Review Rejected Forced Pooling Applications

The Texas Supreme Court will review a state regulator’s rejection of 16 applications submitted by Ammonite Oil & Gas Corp. (“Ammonite”) to force pool its mineral estate with adjacent wells operated by EOG Resources Inc....more

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Changes in Our Privacy Policy

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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