News & Analysis as of

TX Supreme Court

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

Cozen O'Connor

Major Victories for Insurers in Fifth Circuit Regarding COVID-19 Business Interruption Claims

Cozen O'Connor on

The Fifth Circuit Court of Appeals has joined seven other Circuits in finding no coverage for COVID-19 business interruption claims. In Terry Black’s Barbecue, L.L.C. v. State Auto. Mut. Ins. Co., 2022 U.S. App. LEXIS 287...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

Freeman Law

Piercing the Corporate Veil

Freeman Law on

A corporation is a separate legal entity. This status normally insulates its owners or shareholders from personal liability for the corporation’s obligations. But Texas law recognizes exceptions to this general rule. ...more

Gray Reed

Texas Supreme Court to Review the Lessee’s Covenant to Protect Against Drainage

Gray Reed on

First, a word for you scriveners: Preserve your reputation and the honor of your law school writing instructor by preparing clear and understandable contracts. ...more

Gray Reed

Texas Supreme Court to Review Approval of Injection Well Permit

Gray Reed on

The Texas Supreme Court has granted petition for review of a 2019 decision in Dyer et al v. Texas Commission on Environmental Quality . At issue is whether rescission of a Railroad Commission no-harm letter before the TCEQ...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

Cozen O'Connor

Federal Court Holds that the Voluntary Payment of an Appraisal Award Plus Penalty Interest Defeats TPPCA Claims Under Texas Law

Cozen O'Connor on

In 2019, the Supreme Court of Texas issued a pair of decisions that allowed policyholders to prosecute claims under the Texas Prompt Payment of Claims Act (“TPPCA”) even after the insurers paid appraisal awards. The decisions...more

Bradley Arant Boult Cummings LLP

Out with Lonergan, In with Spearin: Texas Legislature Provides Contractors with Limited Protection for Defective Plans and Designs

As of September 1, 2021, in a change to Texas caselaw that had been in place for over a century, Texas contractors now have protection in certain circumstances from liability for defective plans and specifications provided to...more

Freeman Law

The Business Judgment Rule in Texas

Freeman Law on

Corporate officers and directors owe a fiduciary duty to the corporation that they serve, and they can be held liable if they breach that fiduciary duty. Fiduciary duties are not codified in the Texas Business Organizations...more

BakerHostetler

[Podcast] Statues, Texas Apportionment (Sirius XM), and Maryland Digital Ad Tax Regs

BakerHostetler on

Matt Hunsaker breaks down the latest state tax news including a discussion of tax arguments in a controversial civil war era statue removal case, the Texas Supreme Court's decision to hear Sirius XM's apportionment case, and...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

Freeman Law

Fraudulent Inducement Claims in Texas

Freeman Law on

How Express Contract Terms and the Negotiation Process May Affect Liability - Parties entering into a contract should negotiate in good faith, but parties must also perform due diligence to protect their own interests. In...more

Freeman Law

Texas Law and Tortious Interference with Prospective Business Relations

Freeman Law on

Tortious interference with business relations involves a third party using false claims against a business in order to drive business away or prevent the business from entering a relationship with another party. The key...more

Winstead PC

Shareholder Agreements Are Very Powerful In Texas: Parties Should Carefully Review Those Agreements Before Obtaining Stock In A...

Winstead PC on

The owners of a corporation may enter into shareholder agreements that address and resolve many disputes. For example, the Texas Supreme Court noted: “Shareholders of closely-held corporations may address and resolve such...more

Butler Snow LLP

Automated Certificates of Service Are Here—But Are Traditional Certificates Still Required?

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About a year ago, I released a video entitled “Automated Certificates of Service Are Coming.” The wait is over. As of this week, automated certificates of service will be rolled out in every Texas court set up for e-filing. ...more

(ACOEL) | American College of Environmental...

Protection of Lawyers Against Defamation Actions Does Not Apply to Press Releases

Last month, I served on a panel for the State Bar of Texas Environmental Law Superconference, which focused on an important recent decision by the Texas Supreme Court. In Landry’s Inc. and Houston Aquarium, Inc. v. Animal...more

Cozen O'Connor

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

Cozen O'Connor on

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

Jackson Walker

Texas Supreme Court Draws Line on Attorney Immunity Privilege

Jackson Walker on

The Texas Supreme Court recently ruled that there are limits on when attorneys are protected by the judicial proceedings privilege or by attorney immunity. Following the Court's decision in Landry's Inc. et al. v. Animal...more

Littler

Texas: Mask On, Mask Off, Mask On…

Littler on

Originally published August 12, 2021, updated August 16, 2021. UPDATE: On August 15, 2021, the Texas Supreme Court issued an Order temporarily staying the Dallas County order described...more

Porter Hedges LLP

Texas Legislature Ends Lonergan’s Reign

Porter Hedges LLP on

Texas Senate Bill 219, which governs liability for construction defects due to flaws in design documents, goes into effect on September 1, 2021. With a few exceptions, the statute will effectively wipe out the Texas Supreme...more

Butler Snow LLP

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

Butler Snow LLP on

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

Gray Reed

Texas Supreme Court Reverses Subsurface Trespass Judgment

Gray Reed on

Regency Field Services LLC v. Swift Energy Operating LLC, draws one’s attention to the difficult analyses that should be made before bringing a subsurface trespass claim....more

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

Texas Supreme Court Rules Request for Disability Accommodation Does Not Support Retaliation Claim Under State Law

Texas courts generally look to federal courts’ interpretation of federal anti-discrimination laws to assist in interpreting the anti-discrimination provisions of the Texas Commission on Human Rights Act (TCHRA). However, the...more

Husch Blackwell LLP

Texas Court Strikes Down Statute And Preserves Houston's Water Rights

Husch Blackwell LLP on

On June 30, 2021, Texas’s Third District Court of Appeals upheld a lower court decision to protect the City of Houston’s interest in an unbuilt water reservoir by striking down a state law, declaring it unconstitutionally...more

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