Nearly a year has passed since the Legislature enacted SB 6, which extends liability protections to health care providers and businesses from lawsuits related to COVID-19. Has the bill been successful in its policy objective to prevent a wave of litigation in Texas courts, primarily health care liability, premises liability, and employer-employee claims?
The return of nuclear verdicts to Texas courts (and attorney television advertising) and the recently launched efforts of the medical malpractice plaintiff’s bar to convince the federal courts to strike down Texas’ cap on noneconomic damages in medical liability cases (which is likely to play out over several years) could potentially raise an issue for state lawmakers: is it time to consider codifying at least some objective standards and levels of proof for mental anguish damages?
As we reported nearly three months ago, the First Court of Appeals [Houston] handed down a decision in a coverage dispute between an additional insured and CGL carriers that flatly contravenes recent SCOTX precedent.
AUSTIN – Legislation aimed at blocking employers from mandating vaccines has blurred the political lines, as many groups that usually support Republican initiatives are standing against the bill.
AUSTIN – No Texan voted for the California officials who are orchestrating climate change “lawfare” against his state’s energy sector – oil and gas companies that employ hundreds of thousands and brings in billions in tax revenue, says Gov. Greg Abbott.
AUSTIN – After being sent back to committee on a point of order yesterday, proponents of House Bill 2144 – legislation that seeks to restore the tort of public nuisance back to its original intent – believe the bill will be back on the calendar soon.
AUSTIN – The parties accused of orchestrating climate change “lawfare” against the energy sector are feigning shock that their attempts to chill speech and commandeer public policy could be subjected to personal jurisdiction in Texas courts, ExxonMobil argues in a recently filed brief.
A group of California cities and counties are waging a legal battle in California state court against ExxonMobil and 17 other Texas-based energy companies. The municipalities allege that the companies are engaging in activities that have caused or are causing an imminent rise in sea levels, and seek billions of dollars in damages from the companies, allegedly to address this risk.
FORT WORTH – The parties accused of orchestrating climate change “lawfare” against the energy sector are asking the state’s highest court to deny ExxonMobil’s petition of review.
AUSTIN – Since the start of the pandemic, many groups have pushed for COVID-19 liability protections, seeking to protect businesses from opportunistic trial lawyers.
AUSTIN – The Texas Civil Justice League recently filed an amicus brief in the Texas Supreme Court concerning the availability of discovery of reasonable and customary medical expenses in a personal injury a lawsuit.
FORT WORTH – Wanting to expose those behind climate change ‘lawfare’, two notable Texas groups recently filed amicus briefs in support of ExxonMobil in an appeal currently before the state’s highest court.
TCJL today filed an amicus brief in a matter pending before the Texas Supreme Court regarding a key provision of the 1995 reforms to the Deceptive Trade Practices Act (DTPA).
AUSTIN - In the escalating arms race between trial lawyers and tort reformers, plaintiff’s attorneys have developed a new tactic – abusing discovery as a weapon to force settlements, says one expert.
Several groups, including the world's largest business federation, recently filed amicus briefs in two actions pending before the Texas Supreme Court, arguing trial lawyers are abusing discovery to force insurers to settle even frivolous lawsuits. In November, State Farm Lloyds filed two petitions for writ of mandamus with the high court, seeking to overturn a district judge’s decision to impose a protocol for the production of electronically stored information (ESI for short) in a hailstorm la
By DAVID YATES In February, the Ninth Court of Appeals reversed a Beaumont judge’s ruling recognizing Denbury Green Pipeline-Texas as a common carrier – creating a “roadmap for endless litigation in every county touched by a pipeline project,” according to one tort reform group. Denbury filed a petition for review with the Texas Supreme Court on June 3, claiming the opinion will have widespread impact throughout the pipeline industry unless remedied by the high court.
In February, the Ninth Court of Appeals reversed a Beaumont judge’s ruling recognizing Denbury Green Pipeline-Texas as a common carrier – creating a “roadmap for endless litigation in every county touched by a pipeline project,” according to one tort reform group.
