News & Analysis as of

Texas

Jackson Walker

Understanding “Action Over” Claims and Third-Party Over Indemnity

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An “action over” (also called a “third-party over action”) is a type of legal action (lawsuit or arbitration) in which an injured employee, after collecting workers’ compensation benefits from his employer, files a tort claim...more

Husch Blackwell LLP

Balancing Old and New: Developing Renewable Energy Projects and Data Centers on Oil and Gas Sites

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Texas has been the top oil and gas producing state in the country since at least the 1970s, today contributing 42% of the nation’s crude oil and 27% of its natural gas. Now, the Lone Star State is also experiencing a boom in...more

Oliva Gibbs LLP

Reservation or Limitation on Warranty? Navigating the Fine Line — Lessons from Valence Operating Co. v. Davidson

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In Valence Operating Co. v. Davidson1, the Court of Appeals for the Sixth Appellate District of Texas at Texarkana addressed whether the provision, “all Oil, Gas and other Minerals have been excepted and reserved by former...more

Fisher Phillips

Measles in Texas: What Private Schools Can Do During the Ongoing Outbreak

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The recent and ongoing measles outbreak in Texas has raised significant concerns among educators, parents, and health officials. As the number of cases continues to rise and spread around the state, including the recent...more

Freeman Law

Texas Comptroller Adopts Amended Data Processing Rule

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On March 28, 2025, the Texas Comptroller of Public Account (the “Comptroller”) finalized amendments to Rule 3.330, Data Processing Services, for purposes of the Texas sales and use tax....more

Tarter Krinsky & Drogin LLP

Federal Court Judge Temporarily Pauses Suspension of the CHNV Parole Program

On April 17, 2025, a temporary injunction issued by a federal judge in Texas blocked the U.S. Department of Homeland Security’s cancellation of the parole programs for nationals of Cuba, Haiti, Nicaragua, and Venezuela...more

Zelle  LLP

“Occurrence” Provisions Within Excess Policies Support an Exposure Trigger Theory Application for Asbestos-Related Claims

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Asbestos fibers, chemical fumes, environmental pollutants—what do they have in common? They all involve injuries that manifest over time and are continuously at the center of the complex exposure trigger debate....more

Zelle  LLP

Concurrent Causation is Key – Fifth Circuit Holds Insured to its Causative Burden

Zelle LLP on

The United States Fifth Circuit Court of Appeals recently affirmed summary judgment granted by the bankruptcy court in favor of commercial property insurer in a Winter Storm Uri claim, holding that the insured motel owners...more

Zelle  LLP

Any is Not All and The Future is Not Now: The Contours of the Cosmetic Damage Exclusion Taking Shape

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In Iyengar v. Liberty Insurance Corporation, No. SA-21-CV-1091-FB, 2024 WL 5505300 (W.D. Tex. Dec. 13, 2024), District Judge Biery denied Plaintiffs’ Motion for Clarification regarding Magistrate Judge Bemporad’s...more

Vinson & Elkins LLP

Texas Renewables Roundup: 2025 Texas Legislature Update

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The Texas Legislature has been debating several bills aimed at boosting dispatchable power in ERCOT while erecting new economic and permitting barriers for renewables. Texas lawmakers have expressed their growing concerns...more

White and Williams LLP

In Texas, a Certificate of Merit Must Address the Conduct of Each Defendant Specifically  

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In Ryan Eng’g, Inc. v. Mond Homeowners Ass’n, Inc., No. 14-23-00960-CV, 2025 Tex. App. LEXIS 1681, the Court of Appeals of Texas (Court of Appeals) affirmed a trial court ruling denying the Motion to Dismiss of defendant Ryan...more

Hendershot Cowart P.C.

Texas Senate Bill 378, a.k.a. the "Botox Party Bill", and Its Impact on Existing Medical Regulations

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Texas Senate Bill 378, often referred to as the "Botox Party Bill", is currently making its way through the Texas legislative process. Initiated by State Sen. Charles Schwertner, the bill aims to restrict who can perform...more

K&L Gates LLP

United States: SEC Appears Poised to Bolster Competition on “Y’all Street”

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On 4 April 2025, the Securities and Exchange Commission (SEC) published Texas Stock Exchange’s (TXSE) Form 1 Application and Exhibits, indicating that the SEC intends to grant TXSE’s registration as a national securities...more

Cozen O'Connor

Wyoming AG to Take the Bench; Republican Race for TX AG Grows; New FTC Commissioner Appointed

Cozen O'Connor on

Wyoming AG Bridget Hill was appointed to the Wyoming Supreme Court by Governor Mark Gordon, and will take the bench on May 28, 2025. The Wyoming AG is also appointed by the governor, and AG Hill’s replacement has not yet been...more

Cadwalader, Wickersham & Taft LLP

Johnson & Johnson’s “Red River” Bankruptcy Strategy Sinks on Third-Party Release Issues, Voting Irregularities—With Possible...

Introduction - On March 31, 2025, Judge Christopher Lopez of the U.S. Bankruptcy Court for the Southern District of Texas denied confirmation of the prepackaged Chapter 11 plan of Johnson & Johnson (“J&J”) affiliate Red...more

Gray Reed

What’s the Difference Between a Mineral Reservation and an Exception?

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The category is “terms that confuse us” for one hundred dollars. Without resorting to your favorite legal dictionary or lawyer, explain the difference between a reservation and an exception in a Texas warranty deed. Stumped?...more

Orrick, Herrington & Sutcliffe LLP

The Download: How Defense Tech Is Evolving & Why Renewable Energy Is Booming in Texas

In this edition of The Download, we dive into insights from SXSW, where we had the chance to talk with Jim Rabuck at the Defense Innovation Unit, Sean Voigt, founder of Austin Climate Hub and David J. Neff, partner at...more

McGinnis Lochridge

Tackling Free-Use and At-The-Well Royalties

McGinnis Lochridge on

This lease royalty case involved a dispute over whether the lessee was permitted to deduct volumes of gas used off the premises to power post-production activities on other gas produced from the same well. Carl v. Hilcorp...more

Epstein Becker & Green

Texas Joins List of Legislatures Seeking to Ban Noncompete Agreements

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After the nationwide injunction barring the Federal Trade Commission (FTC) Noncompete ban, we reported our anticipation that state legislatures would likely introduce legislation restricting the use of noncompetes....more

Gray Reed

Lien and Bond Claims in May 2025: Dates to Remember

Gray Reed on

Use this guide as a reference when filing lien and bond claim notices for the month of May....more

Baker Botts L.L.P.

Diligence Over Delay: Texas Supreme Court’s Recent Decision Highlights the Risks of Discovery Deferral

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Raoger Corp. v. Myers, No. 23-0662 (Tex. Apr. 11, 2025) – one of the Texas Supreme Court’s most recent opinions on the summary judgment standard – highlights the importance of diligent discovery practices and the potentially...more

Gray Reed

Texas Court Shields Severed Mineral Interests from Tax Foreclosure Judgment

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In Bush v. Yarborough Oil & Gas, LP a decades-old tax foreclosure judgment did not affect a previously severed mineral interest not owned by the delinquent taxpayer. The mineral owners were neither named nor served in the...more

McDermott Will & Emery

Texas Bills Would Implement Notice Requirements for Healthcare Transactions

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In February 2025, Texas Representative James Frank (R) and Texas Senator Kelly Hancock (R) introduced bills to implement notification requirements for healthcare transactions. House Bill (H.B.) 2747 and Senate Bill (S.B.)...more

Vinson & Elkins LLP

Local Insight: The New Rules of the Texas Business Court Explained

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On March 1, 2025, the Texas Business Court (the “Business Court”) implemented new local rules aimed at enhancing the efficiency and fairness of business dispute resolutions. Key changes include new provisions involving...more

Troutman Pepper Locke

Texas Introduces Legislation to Regulate Sales-Based Commercial Financing

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Last month, the Texas legislature introduced two companion bills, S.B. No. 2677 and H.B. No. 700, to regulate sales-based commercial financing. For purposes of the proposed legislation, sales-based financing is a transaction...more

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