The Supreme Court of Texas has recently answered the question of when, if ever, statutory penalties are available in contract actions for recovery of policy benefits. In USAA Texas Lloyds Co. v. Gail Menchaca, the Supreme Court determined that statutory recovery can...
Month: June 2018
Texas Supreme Court Weekly Update June 25, 2018
On June 22, 2018, The Supreme Court of Texas released various opinions. Three opinions are of particular interest. First, In Re Melissa Dawson deals an appellant seeking a writ of mandamus following a dispute in the designation of a third party. Melissa Dawson was...
Texas Supreme Court Weekly Update June 18, 2018
Last week the Supreme Court of Texas issued three opinions and five grants. One opinion and two grants are of particular interest. First, Debra C. Gunn, M.D. et al. v. Andre McCoy, a medical malpractice case involving multiple suits, comes from the Court of Appeals...
Challenging Damage Experts
In the past, challenging experts based on their lack of qualifications and under the 6 factors recognized in Robinson was the standard.i However, there is now a new method to challenging experts -the "gap analysis" introduced in Gammill.iiThe Texas Supreme court best...
Texas Supreme Court Weekly Update June 11, 2018
Last week the Supreme Court of Texas issued seven opinions and seven grants. Three opinions and one grant are of particular interest. First, State Farm Lloyds v. Candelario Fuentes and Maria Fuentes, an insurance case dealing with a breach of a policy, comes from the...
Texas Supreme Court Weekly Update June 5, 2018
This week, the Supreme Court of Texas issued four opinions and twelve grants. One opinion and three grants are of particular interest. In Sky View at Las Palmas LLC and Ilan Israely v. Roman Geronimo Martinez Mendez et al., the Texas Supreme Court determined that the...