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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Diaz v. Attorney General of State of Tex.

This appeal involves Mike M. Perez challenging a trial court's allocation of a workers' compensation settlement to his child support obligations, and Tony Diaz, Perez's former attorney, appealing the trial court's failure to allocate enough proceeds to his contractual claims. The court found that the Assistant Attorney General, who asserted the child support claim, did not properly intervene in the original hearing by failing to file a petition. Consequently, the appellate court sustained Perez's first point of error and modified the judgment to remove the child support bond. The court also affirmed the trial court's implied finding that both Perez and Diaz assented to the abandonment of their attorney-client contract, thus making an award based on the reasonable value of services proper. Diaz's claim for additional attorney's fees for breach of contract was also denied due to a lack of proof of presentment.

Child Support ArrearageWorkers' Compensation SettlementAttorney's Fees DisputeIntervention ProcedurePleading RequirementsDue Process ViolationWaiver of ErrorQuantum MeruitContract AbandonmentAppellate Review
References
13
Case No. 03-23-00316-CV
Regular Panel Decision
Apr 16, 2025

City of Killeen, Texas and Ground Game Texas v. Bell County, Texas; The 27th Judicial District Attorney's Office; And the Bell County Attorney's Office

The City of Killeen, Texas, and Ground Game Texas appealed the trial court's denial of their pleas to the jurisdiction. The underlying lawsuit, filed by Bell County, the 27th Judicial District Attorney’s Office, and the Bell County Attorney’s Office, challenged the constitutionality and validity of a Killeen ordinance decriminalizing misdemeanor marijuana possession. Appellants argued that the appellees lacked standing and that governmental immunity barred the suit. The appellate court affirmed the trial court's order, concluding that the District Attorney’s Office had standing due to the ordinance's interference with its prosecutorial discretion and duties. It also found that governmental immunity was waived for challenges to an ordinance's validity and for concurrent claims for injunctive relief under the Uniform Declaratory Judgments Act.

Decriminalization OrdinanceMarijuana PossessionPlea to the JurisdictionGovernmental ImmunityStandingProsecutorial DiscretionUniform Declaratory Judgments ActTexas Local Government CodeTexas Health & Safety CodeTexas Code of Criminal Procedure
References
29
Case No. E2010-00170-COA-R3-CV
Regular Panel Decision
Nov 23, 2010

Dillard Construction, Inc. v. Haron Contracting Corp.

Dillard Construction, Inc. (Dillard) appealed a Chancery Court decision regarding a complex construction dispute with its demolition subcontractor, Havron Contracting Corp. (Havron). The lower court held Dillard liable to Havron for $91,100 under quantum meruit for work performed by Havron's subcontractors, denied Dillard an offset for damaged electrical equipment, and allowed Havron to recover attorney's fees awarded against it to its subcontractor H&S Construction through a 'pass-through' indemnity theory from Dillard. Dillard challenged the quantum meruit award and the denial of the offset, while Havron challenged the denial of indemnification for its own incurred attorney's fees. The Court of Appeals affirmed the quantum meruit award and the denial of the offset, finding the evidence did not preponderate against the trial court's findings. However, the appellate court affirmed the trial court's decision to deny Havron its own attorney's fees, citing Havron's lack of good faith in denying payment to H&S and its violation of the Prompt Pay Act.

Construction DisputeQuantum MeruitContract LawIndemnityAttorney's FeesSubcontractor ClaimsPrompt Pay ActBreach of ContractEquitable RemediesAppellate Review
References
12
Case No. 13-10-00016-CV, 13-10-00023-CV, 13-10-00059-CV
Regular Panel Decision

Cascos v. Cameron County Attorney

This case consolidates three interlocutory appeals primarily involving a dispute between the Cameron County Commissioners Court and the Cameron County Attorney. Appellants, comprising county officials and attorneys, challenged trial court orders that granted a temporary restraining order and a temporary injunction against them, favoring the County Attorney, and denied their plea to the jurisdiction. The appellate court conditionally granted the appellants' petition for writ of mandamus, ensuring their right to supersede the temporary injunction during appeal. While dismissing an appeal regarding the temporary restraining orders as moot, the court ultimately dissolved the temporary injunction and reversed the trial court's judgment. The court concluded that the Commissioners Court possesses implied powers to manage county business and employ legal counsel, and the County Attorney does not hold an exclusive right to represent the county in all civil matters, thereby finding the trial court abused its discretion in issuing the injunction.

Interlocutory AppealMandamusTemporary InjunctionGovernmental Entity DisputeCounty Attorney DutiesCommissioners Court AuthorityDeclaratory JudgmentStatutory InterpretationRes JudicataMootness Doctrine
References
106
Case No. MISSING
Regular Panel Decision

Adkins v. Hoechst Celanese Corp.

This case addresses whether a Texas trial judge has the authority to change the terms of attorneys’ fee contracts between attorneys and their clients in mass tort litigation that is not a class action. The Appellants, consisting of 49 law firms led by Fleming, Hovenkamp & Grayson, representing approximately 37,000 plaintiffs, challenged a trial court’s order that reduced their contingent fees and expenses from a settlement with Shell Oil Company and Hoechst Celanese Corporation regarding defective polybutylene plumbing systems. The appellate court reviewed general contract law, exceptions (fraud, incapacity), and the inapplicability of class action and common fund doctrines. It also considered whether the settlement agreement itself granted the trial judge such authority. The court concluded that, absent pleading and proof of barratry, fraud, breach of fiduciary duty, incapacity, illegality, class action, or common fund doctrine applicability, a trial judge lacks the power to modify a fully-performed attorney fee contract. Therefore, the court reversed the portions of the appealed judgments dealing with the award of attorneys’ fees and remanded the cases for further proceedings.

Attorney's FeesContingency Fee ContractsContract LawAppellate ReviewMass Tort LitigationTrial Court AuthoritySettlement AgreementTexas LawClass Action InapplicabilityCommon Fund Doctrine Inapplicability
References
26
Case No. MISSING
Regular Panel Decision

Rodriguez v. Lockhart Contracting Services, Inc.

Appellant Leonardo Rodriguez appealed a summary judgment granted in favor of Lockhart Contracting Services, Inc. in a suit concerning the exclusive remedy provision of the Texas Workers’ Compensation Act. Rodriguez was injured while working and asserted negligence claims against Lockhart Contracting, arguing he was not an employee of Prime Source, the Professional Employer Organization (PEO) Lockhart Contracting had a co-employment agreement with. The appellate court identified a genuine issue of material fact regarding Rodriguez's employment status with Prime Source, as he had not completed the necessary employment paperwork. Consequently, the court reversed the trial court's judgment, which had barred Rodriguez's suit based on the exclusive remedy provision, and remanded the case for further proceedings.

Workers' Compensation DisputeExclusive Remedy DefenseProfessional Employer Organization LiabilityCo-employment RelationshipSummary Judgment AppealTexas Labor Code ComplianceWorkplace Injury ClaimAppellate Review StandardFactual DisputeNegligence Action
References
45
Case No. 03-12-00309-CV
Regular Panel Decision
Aug 08, 2013

Larry F. York// Texas Guaranteed Student Loan Corporation and Greg Abbott, Attorney General for the State of Texas v. Texas Guaranteed Student Loan Corporation And Greg Abbott, Attorney General for the State of Texas// Cross- Larry F. York

This case involves Larry F. York's challenge to an Attorney General's open-records ruling concerning the Texas Guaranteed Student Loan Corporation (TGSL). York sought disclosure of various TGSL records, including board meeting minutes, a Strategic Plan, President's Reports, EAS-related documents, and a VFA application. The district court ordered disclosure of the actual minutes and EAS records but allowed TGSL to withhold attachments, the Strategic Plan, President's Reports, and pricing information from the VFA application. The Court of Appeals largely sided with York, affirming the disclosure of minutes and EAS records and reversing to order disclosure of the Strategic Plan, President's Reports, and other minute attachments. However, it affirmed the withholding of VFA pricing information and the denial of attorney's fees to York.

Open Meetings ActPublic Information ActGovernment TransparencyStudent LoansGovernmental RecordsCompetitive HarmDeclaratory JudgmentAttorney's FeesStatutory ConstructionAppellate Review
References
62
Case No. 01-19-00971-CV
Regular Panel Decision
Dec 23, 2021

Patriot Contracting, LLC and Travelers Casualty & Surety Co. of America v. Shelter Products, Inc.

This case involves an appeal by Patriot Contracting, LLC (general contractor) and Travelers Casualty & Surety Company of America (surety) challenging a trial court's judgment. The judgment was in favor of appellees Shelter Products, Inc. (material supplier) and Kancor Companies, LLC (subcontractor). The original suit involved claims for breach of contract, statutory violations under the Texas Construction Trust Fund Act and Texas Public Prompt Pay Act, and judicial foreclosure of mechanic's and materialman's liens. The core dispute stemmed from Patriot's alleged failure to pay Kancor for work on the Temenos project, which in turn led to Kancor's inability to pay Shelter for materials. The appellate court reviewed the trial court's findings on Mary Carter agreements, sufficiency of evidence regarding material breach, improper jury argument, jury charge errors, perfection of liens, attorney's fees, pre-judgment interest, and declaratory judgment. The Court of Appeals affirmed the trial court's judgment in its entirety.

Construction LawBreach of ContractPayment BondMechanic's LienMaterialman's LienTexas Construction Trust Fund ActTexas Public Prompt Pay ActAppellate ReviewDirected VerdictJury Instruction
References
69
Case No. 03-00-00603-CV
Regular Panel Decision
Jun 29, 2001

Daniel T. O'Dell v. Rick Perry, Governor of the State of Texas And John Cornyn, Attorney General for the State of Texas

Daniel T. O'Dell appealed from a trial court order that granted a plea to the jurisdiction filed by the appellees, Rick Perry, Governor of the State of Texas, and John Cornyn, Attorney General for the State of Texas. O'Dell's complaint was vague but appeared to allege a breach of contract related to electrical generator installation or repair in state-owned buildings. The appellate court affirmed the trial court's decision, citing the State's sovereign immunity which protects it from lawsuits for damages unless waived. The court noted that an administrative procedure established by the legislature is the exclusive method for resolving such breach of contract claims against the State. Additionally, the court addressed O'Dell's complaints regarding a jury trial and a worker's compensation issue, finding no error.

Breach of ContractSovereign ImmunityPlea to JurisdictionAppellate ProcedureState GovernmentTexas LawJury TrialWorker's Compensation IssueGovernment CodeLabor Code
References
12
Case No. 2018 NY Slip Op 03795 [161 AD3d 1478]
Regular Panel Decision
May 24, 2018

Matter of Attorneys In Violation of Judiciary Law § 468-a. (Ettelson)

Julie Ann Ettelson, now known as Julie A. Laczkowski, was suspended from practicing law in 2009 due to noncompliance with attorney registration requirements under Judiciary Law § 468-a. She filed a motion for reinstatement in April 2018, which was reviewed by the Attorney Grievance Committee. The Committee provided findings and deferred to the Court's discretion. The Appellate Division, Third Department, found that the respondent met all requirements for reinstatement, including completing the Multistate Professional Responsibility Examination, maintaining current registration, and demonstrating good character and fitness. The Court also determined that her reinstatement would serve the public interest. Consequently, the Court granted her motion and reinstated her as an attorney.

Attorney ReinstatementProfessional MisconductJudiciary LawAttorney Grievance CommitteeAppellate DivisionAttorney RegistrationDisciplinary ProceedingsLegal EthicsSuspension of AttorneyCharacter and Fitness
References
11
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