Court of Appeals for the 1st District of Texas News

Appeals court affirms summary judgment in oil and gas assets dispute filed by Pacific Energy and Mining

By John Breslin | Aug 2, 2018

HOUSTON – A dispute over the aborted sale of oil and gas assets was considered by a Texas appeals court as it affirmed a lower court's summary judgment against an energy and mining company.

First District appellate court affirms that anesthesiologist was named too late in malpractice suit

By John Breslin | Jul 30, 2018

HOUSTON – A Texas appeals court has affirmed summary judgment in a medical malpractice case filed against an anesthesiologist because the initial claim was made outside the statute of limitations.

Ophthalmologist's report isn't sufficient to give standard of care opinion in eye injury case, appeals court rules

By Charmaine Little | Jul 24, 2018

HOUSTON – Unlike a trial court, the Court of Appeals in the 1st District of Texas decided July 12 a woman’s expert report wasn’t sufficient in a medical malpractice case.

Appellate court partially remands discrimination suit against UT Health back to trial court

By Elizabeth Alt | Jul 18, 2018

HOUSTON – A lawsuit alleging a former nurse’s boss at UT Health Science Center-Houston bullied and threatened her based on her gender and race was partially remanded back to trial court by the 1st District Court of Appeals.

Appeals court states appellant did not demonstrate harm in malpractice case against Houston Methodist

By Elizabeth Alt | Jul 16, 2018

HOUSTON – On July 3, Texas’ 1st District Court of Appeals affirmed the trial court order denying a woman’s medical malpractice claims against Houston Methodist Hospital.

Appellate court rules Texas Department of Criminal Justice can't claim immunity in inmate's suit

By Elizabeth Alt | Jul 16, 2018

HOUSTON – The Texas 1st District Court of Appeals upheld a trial court's ruling denying the Texas Department of Criminal Justice’s plea for personal jurisdiction in an inmate’s suit alleging negligence and excessive force against a prison guard and the TDCJ.

Court rules general manager not liable to pay Securatech settlement

By Kyla Asbury | Jul 5, 2018

HOUSTON – An appeals court ruled that a general manager for a company could not personally be held liable to pay a settlement when the corporation he worked for failed to pay it.

Florida Gas Transmission's claims against FCC Environmental VP dismissed

By Elizabeth Alt | Jun 27, 2018

HOUSTON – In an opinion issued June 21, the 1st District Court of Appeals reversed a ruling that dismissed Florida Gas Transmission Co.'s claims against the vice president and general counsel of a pipeline maintenance company.

Reversed: Negligence claim against St. Joseph Medical Center from man who was shot by security

By Elizabeth Alt | Jun 26, 2018

HOUSTON – On June 21, the 1st District Court of Appeals issued a ruling to reverse a man’s negligence claim against St. Joseph Medical Center.

Engineer affidavit in case against ExxonMobil programmer unqualified, court rules

By Elizabeth Alt | Jun 26, 2018

HOUSTON – The 1st District Court of Appeals reversed a district court’s ruling that denied three engineering companies' motion to dismiss a man's negligence claims against them.

Texas appeals court rules it lacks jurisdiction in attorneys' fee case involving Liberty construction companies

By Karen Kidd | Jun 21, 2018

HOUSTON – The case of an insurance company and a former Delaware insurance official against two Liberty construction companies and their owners is on its way back to Chambers County after a Texas appeals court ruled it had no jurisdiction to hear an appeal in the case.

District court erred in ruling Amerril Energy and U.S. KingKing are alter egos, appeals court says

By Karen Kidd | Jun 12, 2018

HOUSTON – A dispute between a Houston-based oil well operator and four of its servicers is on its way back to a Harris County court after a three-judge Texas appeals panel found the trial court had not proven alter ego status between the well's operators.

ConocoPhillips wins contract dispute over drilling project

By Amanda Thomas | Jun 4, 2018

HOUSTON – ConocoPhillips Co. has won a contract dispute over a drilling project after a state appeals court found that a drop in oil prices isn’t a natural or man-made disaster.

Appellate court rejects Velvin Oil's request for rehearing in fraud suit

By Elizabeth Alt | May 29, 2018

HOUSTON – The 1st District Court of Appeals issued a ruling on May 8 that denied realtor Velvin Oil Co.’s motion for a rehearing and reissued its previous order from January that found a Harris County trial court only erred in not issuing a ruling on a venue transfer motion before ruling on merits of the case.

Baylor doctor denied motion to dismiss patient's negligence suit over tumor

By Elizabeth Alt | May 22, 2018

HOUSTON – The Court of Appeals for the 1st District of Texas denied a doctor’s motion to reverse a trial court decision May 15 in a case filed by a man who alleged he was subjected to unnecessary surgery.

Justices grant dismissal of suit against XTO Energy over flash fire at North Dakota well pad

By Kyla Asbury | May 21, 2018

HOUSTON – A Texas appeals court ruled that a lawsuit over injuries sustained in a well fire does not belong in the state because the majority of witnesses are from North Dakota and surrounding states.

Appeals court reverses invasion of privacy ruling in Travis Law Firm case

By Charmaine Little | May 14, 2018

HOUSTON – A more than $24,000 judgment in favor of a law firm in an invasion of privacy case was reversed by the Court of Appeals for the 1st District of Texas in a May 10 opinion.

First District upholds dismissal of discrimination suit against University of Texas Medical Branch

By Justin Stoltzfus | May 14, 2018

HOUSTON – An opinion issued May 3 in the Texas 1st District Court of Appeals affirms a trial court's judgment against a nurse who cited the Texas Commission on Human Rights Act regarding alleged discrimination and retaliation at work.

Court rules that because woman did not move to enforce arbitration, no error in Coit Cleaning case

By Tomas Kassahun | May 7, 2018

HOUSTON – In a ruling made on April 17, the court of Appeals for the 1st District of Texas said the trial court didn’t err when it decided not to compel arbitration between a cleaning service company and a client.

Judgment reversed against Dow Golub Remels & Beverly law firm in attorney's fees case

By Glenn Minnis | May 7, 2018

HOUSTON – The 1st District Court of Appeals has reversed a lower court’s summary judgment in favor of a law firm that filed suit against former clients for unpaid attorney’s fees, remanding the case back to trial for further proceedings.

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