Karl Bayer's Disputing Blog » summary judgment

ARBITRATION IS GOD – FIRST INSTALLMENT

By Rick Freeman - February 20, 2006

by Rick Freeman Two recent decisions by the Texas courts of appeals show how far the Courts have gone in enforcing arbitration agreements – no matter what the facts. In Southwind Group, Inc., v. Landwehr (No. 11-05-00247-CV, No. 11-05-00324-CV; 2006 Tex. App. LEXIS 896), decided February 2, 2006, the Eastland Court of Appeals reversed a trial court’s denial of arbitration and remanded the case to the trial court with instructions to compel arbitr

Friday, February 3, 2006

By Rob Hargrove - February 3, 2006

This morning, the Third Court of Appeals affirmed a Travis County trial court decision to grant a summary judgment in favor of the Comptroller’s office in a putative class action case which alleged that the Comptroller’s failure to pay interest on property returned to Texans under the Unclaimed Property Act constituted a taking. While the court’s analysis of the Unclaimed Property Act is perhaps not of general interest, the opin

Wednesday, December 14, 2005

By Rob Hargrove - December 16, 2005

On Wednesday, The Third Court of Appeals issued an opinion overturning a trial court summary judgment and rendering judgment in a case which involved the calculation of royalty fees under an oil and gas lease. Cause No. 03-04-00820-CV, Tana Oil & Gas Corp. v. Cernosek, et al.

Thursday, October 20, 2005

By Rob Hargrove - October 20, 2005

This morning, the Third Court of Appeals issued an opinion in an appeal by the Bexar Metropolitan Water District of a decision by the Texas Commission on Environmental Quality to approve the City of Bulverde’s application for a certificate of public convenience and necessity for water utility service. In this case, the administrative law judge recommended against the certificate, but the commission disagreed and granted the certificate, the

When is a Premises Claim a Medical Negligence Claim?

By Rob Hargrove - October 14, 2005

Today, the Texas Supreme Court handed down an opinion reversing a decision by the Dallas Court of Appeals which in turn had reversed a trial court’s dismissal of a nursing home resident’s claims on limitations grounds. In the underlying case, the resident alleged that she was sexually assaulted in a nursing home and asserted what she characterized as premises liability claims against the home. The claims were more than five years old

Thursday, October 13, 2005

By Rob Hargrove - October 13, 2005

This morning, the Third Court of Appeals affirmed a Travis County Trial Court’s granting of a no-evidence motion for summary judgment in favor of a hospital in a medical malpractice case. According to the Court, where a medical malpractice plaintiff filed a proper expert report under the former article 4590i but failed to designate any expert in response to a Request for Disclosure by the Level 3 Discovery Plan designation deadline, the Def

Wednesday, August 31, 2005

By Rob Hargrove - August 31, 2005

This morning, the Third Court of Appeals issued a new opinion in an appeal of an administrative hearing of a Public Utility Commission decision from a fuel reconciliation hearing conducted pursuant to the Public Utility Regulatory Act. The opinion discusses the regulatory scheme by which an electricity provider can request the right to charge back certain costs to consumers. In other words, we will not offer detailed discussion of the opinion, bu