KF partner Leah O’Leary recently won an appeal in the Texas Court of Appeals, affirming an earlier summary judgment victory obtained by KF partner Nicole Johnson. The case involved a wrongful cremation lawsuit filed against several funeral service providers after a family alleged their loved one was cremated without their consent.
In May 2025, at the trial court level, Nicole successfully demonstrated that the funeral homes and crematory were protected by statutory immunity under Texas law, which shields funeral service providers when they rely on a person who claims authority to make decisions about a decedent’s remains. The court agreed that the providers acted properly based on a signed authorization and were not required to investigate further.
The plaintiff appealed—but the Court of Appeals affirmed the decision, finding no evidence to overcome the statutory protections.
