Texas Case Summaries
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Texas Court of Appeals, Thirteenth District (Corpus Christi–Edinburg)
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Melden & Hunt v. Cantu — Citing the Certificate-of-Merit Statute and Promising a Future Affidavit Does Not Satisfy Texas’s Contemporaneous-Filing Requirement

The Thirteenth Court of Appeals held that an original petition that cites Texas Civil Practice and Remedies Code § 150.002(c) and promises a forthcoming certificate of merit does not substantially comply with the contemporaneous-filing requirement for professional-negligence claims against engineers, requiring reversal and remand for a determination on prejudice.

Texas Court of Appeals, Thirteenth District (Corpus Christi–Edinburg)
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Baseline Energy Services v. Martin — TCPA Requires Dismissal of Libel Claim Based on TWC Statements When Employee Presents No Evidence in Response

The Thirteenth Court of Appeals reversed the denial of Baseline Energy’s TCPA motion to dismiss a libel claim based on statements made to the Texas Workforce Commission, holding that TWC communications implicate the right to petition and that an employee’s failure to present any evidence in response to the motion required dismissal of the libel claim.

Texas Court of Appeals, Fifteenth District
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Cantu’s Pharmacy v. Texas HHSC — Medicaid Provider Has No Vested Right to Special Notice of Regulation Changes; Sovereign Immunity Bars Pre-Enforcement Suit

The Texas Fifteenth Court of Appeals held that a Medicaid pharmacy has no vested right to individualized notice of Provider Manual changes, that its pre-enforcement due process and declaratory judgment claims were barred by sovereign immunity, and that dismissal with prejudice was proper after the pharmacy amended its pleadings but still failed to state a cognizable claim.

Texas Court of Appeals, Thirteenth District (Corpus Christi–Edinburg)
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City of Edinburg v. Texas Cordia Construction — City Cannot Block Contractor’s Immunity Evidence by Limiting Its Jurisdictional Challenge to Pleadings

The Thirteenth Court of Appeals held that a city cannot bar a contractor from presenting jurisdictional evidence by framing its plea to the jurisdiction as a pleadings-only challenge, and that amounts owed under a termination-for-convenience clause are “due and owed” within the Texas Local Government Code’s immunity waiver.

Texas Court of Appeals, Thirteenth District (Corpus Christi–Edinburg)
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Magnuson v. State — Trial Court Violated Defendant’s Faretta Right to Self-Representation at Deferred Adjudication Hearing

The Texas Thirteenth Court of Appeals reversed a ten-year deferred-adjudication conviction, holding the trial court violated Magnuson’s Faretta right to self-representation at the adjudication hearing when it denied his unequivocal request to proceed pro se—over the State’s delay-tactic objection—without making the required findings that the request was knowing, voluntary, and timely.

Texas Court of Appeals, Fifteenth District
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Texas State Board of Social Worker Examiners v. Youniacutt — Automatic License Bar for Violent Felony Convictions Survives Constitutional Challenge

The Texas Fifteenth Court of Appeals reversed the trial court and dismissed challenges to Texas Occupations Code § 108.052(2)’s automatic denial of social worker licenses to applicants with prior violent felony convictions, holding that the categorical disqualification survives rational-basis review under Patel because protecting vulnerable patients is a legitimate government interest and the bar is not oppressively burdensome.

Texas Court of Appeals, Fifteenth District
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Public Utility Commission v. City of Denton — Court Affirms Rate Decision Reversing Commission’s Mid-Proceeding RFP Change for Municipal Transmission Utility

The Texas Fifteenth Court of Appeals affirmed a district court ruling that the PUC’s mid-proceeding modification of its rate filing package without Texas Register publication was arbitrary and capricious, requiring application of the pre-amendment 0.25x debt service coverage adder presumption, while upholding the Commission’s exclusion of a municipal utility’s general fund transfer return-on-investment component as insufficiently substantiated.

Texas Court of Appeals, Seventh District (Amarillo)
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Petrini v. Simon Group Consulting — Domesticating a California Judgment in Texas Does Not Give Texas Courts Jurisdiction Over Counterclaims Arising from Pre-Domestication California Conduct

The Seventh Court of Appeals held that a California company’s domestication of a default judgment in Texas does not confer specific personal jurisdiction for counterclaims arising from pre-domestication California conduct, and that remote employment of a Texas resident does not establish general jurisdiction over a nonresident defendant.

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Blackmon Mooring v. St. Edward’s University — Third Court Reverses Summary Judgment, Holds Parol Evidence Cannot Transform Cost Estimate into Price Cap

The Third Court of Appeals reversed summary judgment for St. Edward’s University, holding that the parol evidence rule prohibited using pre-contract negotiations to transform a cost-plus contract’s ‘estimated budgetary price’ into a guaranteed maximum price.

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