The Texarkana Court of Appeals held that a no-evidence motion for summary judgment need only identify the challenged element in order to comply with Rule 166a(i). Plaintiff argued that the motion must list all of the elements and identify the challenged element(s). The court of appeals disagreed and held the motion sufficient if it "merely reference[s] the element
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“With Prejudice” Means What It Says
By Byron Henry on
Posted in Opinions & Judgments
A divided panel of the Amarillo Court of Appeals held that a dismissal with prejudice operates as an adjudication on the merits for purposes of res judicata even if the trial court erred by including the phrase "with prejudice" in the dismissal order. The majority followed Amarillo precedent while the dissent called for it to be overruled. Because the Amarillo…
Tax Returns Not Relevant to Net Worth
By Byron Henry on
Posted in Discovery, Opinions & Judgments
In this mandamus action, the Eastland Court of Appeals held that federal tax returns are not relevant or material to the issue of the defendant’s net worth. While the court of appeals held that a plaintiff seeking exemplary damages need not make a prima facie showing of entitlement of exemplary damages in order to obtain discovery on…
Nonsuit Does Not Restart 120-day Deadline Under Chapter 74
By Byron Henry on
Posted in Opinions & Judgments
The Houston (First) Court of Appeals held that a plaintiff cannot restart the clock on the 120-day deadline to serve an expert report pursuant to Chapter 74. The plaintiff nonsuited its case prior to the expiration of the deadline. The plaintiff refiled the suit and filed an expert report within 120-days of the new filing. Relying on a prior…
En Banc Fifth Circuit Orders Volkswagen Case Transferred
By Byron Henry on
"The overarching question before the en banc Court is whether a writ of mandamus should issue directing the transfer of this case from the Marshall Division of the Eastern District of Texas–which has no connection to the parties, the witnesses, or the facts of this case–to the Dallas Division of the Northern District of…
District Court Lacks Authority to Issue Injunction Against Attorney General
By Byron Henry on
Posted in Opinions & Judgments
The Dallas Court of Appeals vacated a portion of a district court’s order directing the Office of Attorney General to remit payments to a private company that collects and disburses child-support payments for a fee. Pursuant to Texas Government Code sec. 22.002(c), the court of appeals held that only the Texas Supreme Court has the…
Telephone Calls With Forum Residents Can Be Sufficient Contacts for Specifc Jurisdiction
By Byron Henry on
Posted in Opinions & Judgments
The Fort Worth Court of Appeals recently held that participating in board meetings via telephone with Texas residents is sufficient to establish specific jurisdiction in Texas. The court of appeals distinguished the Texas Supreme Court’s opinion in Michiana Easy Livin’ Country, Inc. v. Holten as follows:
“Although the supreme court has disapproved opinions holding that
…
En Banc San Antonio Court of Appeals Affirms Chapter 10 Sanction
By Byron Henry on
Posted in Opinions & Judgments
A divided en banc Fourth Court of Appeals held that a court may award sanctions for both expenses and attorney’s fees as well as for inconvenience and harassment and order them paid to the moving party. Applying the Texas Supreme Court’s recent opinion in Low v. Henry, the majority held the trial court had broad…