Texas Justices Wrestle with Attorney Fee Recovery in Prompt Payment Act Dispute

The Texas Supreme Court heard oral arguments Wednesday morning on a certified question from the U.S. Court of Appeals for the Fifth Circuit in a dispute that tees up the interpretation of a 2017 amendment to the Texas Prompt Payment of Claims Act. Noting a federal court split on the issue and that only one intermediate appellate court in Texas has addressed the issue, the Fifth Circuit asked: In an action under Chapter 542A of the act, does an insurer’s payment of the full appraisal award plus any possible statutory interest preclude recovery of attorney fees?

October 4, 2023 Michelle Casady

SCOTX Ponders Order Shutting Down Stinky Poultry Operations

The appeal involves high-powered lawyers and noxious fumes from East Texas industrial chicken farms. It presents important legal questions arising out of recent Texas Supreme Court decisions on temporary nuisances and permanent equitable relief.

October 4, 2023 Janet Elliott

Fifth Circuit Upholds Forest Park Medical Center Convictions

An appellate panel rejects every ground raised by seven convicted defendants in one of the biggest medical fraud cases in Texas history.

October 2, 2023 Bruce Tomaso

Appellate Court Threatens Contempt Proceedings Against Harris County District Judge

Harris County Judge Ursula Hall has until 5 p.m. Monday to rule on a motion that has been pending before her in a foreclosure dispute for three years and five months or the First Court of Appeals has said it will initiate contempt proceedings.

September 26, 2023 Michelle Casady

The Use of Scattergrams to Challenge Extreme Verdicts: A Case Study

How trial and appellate courts should review challenges to outsize noneconomic damages awards has been the talk of the Texas bar. With the Texas Supreme Court indicating openness to verdict comparisons, defense counsel should consider, when the facts permit, using visuals such as scattergrams to show that a verdict lies so far outside the norm.

September 19, 2023 Mark Trachtenberg, Kent Rutter & Ryan Pitts

Texas Appellate Experts Preview SCOTX Term

Coming off another cohesive term, the Supreme Court of Texas began its new session hearing arguments this week in a variety of cases. The Texas Lawbook hosted a panel of appellate experts on Tuesday to discuss some of the upcoming cases they are watching and reviewed significant decisions from last term.

September 13, 2023 Janet Elliott

Fifth Circuit to IBM in $1.6B BMC Appeal: What Do You Want Us to Do?

U.S. District Judge Gray Miller, who presided over a bench trial, determined in May 2022 that IBM committed fraud in a dispute involving IBM’s removal of BMC’s mainframe products from their largest mutual client, AT&T. The case was argued before the Fifth Circuit Sept. 5.

September 12, 2023 Michelle Casady

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

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 permissive appeal. The amendment increases the importance of permissive appeals in Texas and will enhance their ability to impact outcomes in civil litigation.

September 6, 2023 Todd Smith