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

Case No. 09-06-298 CV
Regular Panel Decision
Oct 12, 2006

in Re Exxon Corporation, ExxonMobil Oil Corporation, Individually F/K/A Mobil Oil Corporation and A/K/A Mobil Chemical Company, a Division of ExxonMobile Oil Corporation, Mobil Chemical Company, Inc., Individually and F/K/A Mobil Chemical Corporation

This mandamus proceeding before the Ninth District of Texas at Beaumont addresses whether a trial court can compel a party to present a deponent to detail efforts taken to search for documents. Exxon, defendants in underlying benzene exposure suits by Wilkinson, Hebert, and Stubbs, challenged a trial court's order requiring a deposition regarding their discovery compliance. The Court of Appeals found the order constituted an improper 'fishing expedition' that would invade attorney-client and work product privileges, as it sought to inquire into the mental processes of counsel. The court concluded the trial court abused its discretion and conditionally granted mandamus relief, ordering the trial court to vacate its prior discovery order.

MandamusDiscovery DisputeWork Product PrivilegeAttorney-Client PrivilegeFishing ExpeditionTexas Civil ProcedureOverbroad DiscoveryDepositionCorporate RepresentativeBenzene Exposure
References
6
Case No. 14-09-00105-CV
Regular Panel Decision
Feb 04, 2009

in Re Investment Capital Corporation and Service Corporation International

Relators Investment Capital Corporation (ICC) and Service Corporation International (SCI) filed a petition for a writ of mandamus to compel Judge Kathleen Stone of Probate Court No. 1 of Harris County to grant leave to designate SCI Funeral & Cemetary Purchasing Cooperative, Inc. as a responsible third party in a wrongful death suit. The underlying suit was initiated by the widow of Harold Israel, who suffered fatal injuries after falling in a parking garage. The trial court denied the relators' motion to designate SCI Funeral as a responsible third party. The Fourteenth Court of Appeals denied the petition for writ of mandamus, concluding that the relators had an adequate remedy at law and that the case did not present the extraordinary circumstances necessary to justify mandamus relief, distinguishing it from precedent such as In re Arthur Andersen.

Mandamus ReliefResponsible Third Party DesignationTexas Civil Practice and Remedies CodeAppellate RemedyWrongful Death SuitNegligence ClaimsGross NegligencePremises LiabilityWorkers' Compensation ActAbuse of Discretion
References
10
Case No. 13-09-00536-CV
Regular Panel Decision
Sep 30, 2011

Ernest Belmarez, Eddie Guajardo, William Phillips, Chris Shannon, Ramico Ramos, and Norma Mayorga v. Formosa Plastics Corporation Texas, Formosa Plastics Corporation, U.S.A.

This appeal stems from a personal injury lawsuit following a fire and explosions at Formosa Plastics Corporation's plant in Point Comfort, Texas, on October 6, 2005. Appellants, including Ernest Belmarez and five others, who were not Formosa employees but worked at the plant, claimed injuries while evacuating and sued Formosa, a forklift operator, and several contractors. After a jury returned a take-nothing verdict, the plaintiffs appealed, raising five issues. These issues primarily contested the trial court's exclusion of a Taproot Incident Report, OSHA citations, and Social Security disability findings, and the admission of evidence concerning their failure to file workers' compensation claims, along with arguments regarding counsel's conduct. The Thirteenth District Court of Texas affirmed the trial court's judgment, finding no reversible error in its evidentiary rulings or the jury arguments.

Personal InjuryIndustrial AccidentPlant FireExplosionsEvidentiary RulingsSubsequent Remedial MeasuresOSHA CitationsSocial Security DisabilityJury ArgumentAppellate Review
References
15
Case No. 09-22-00174-CV
Regular Panel Decision
Apr 03, 2025

Lexington Insurance Company v. Exxon Mobil Corporation and ExxonMobil Oil Corporation

This case from the Ninth District of Texas at Beaumont addresses an appeal by Lexington Insurance Company against Exxon Mobil Corporation and ExxonMobil Oil Corporation. Lexington challenged a summary judgment that awarded Exxon $25 million under an umbrella insurance policy. The dispute centered on whether Exxon qualified as an additional insured under a policy issued to Brock Services, LTD, and if specific policy exclusions for workers' compensation and employer's liability applied. The court affirmed the arbitration finding that Exxon was an additional insured but ultimately reversed the trial court's judgment. It ruled that the employer's liability exclusion applied, given Exxon's status as a statutory employer of Brock's injured employees through its Owner Controlled Insurance Program (OCIP), thus entitling Exxon to the exclusive remedy defense under the Texas Workers' Compensation Act. Consequently, Lexington was found to have no duty to defend or indemnify Exxon, and the awards for damages, attorney's fees, and interest were reversed.

Insurance Policy CoverageUmbrella InsuranceWorkers' Compensation ActEmployer's Liability ExclusionExclusive RemedyOCIPStatutory EmployerAdditional Insured StatusArbitration ReviewSummary Judgment Reversal
References
33
Case No. 14-18-00083-CV
Regular Panel Decision
Dec 17, 2019

James Construction Group, LLC, Primoris Services Corporation v. Westlake Chemical Corporation

James Construction Group, LLC and Primoris Services Corporation appealed a judgment concerning contract claims with Westlake Chemical Corporation. Chemical had initially sued James for breach of a construction contract, citing safety violations and a failure to indemnify. The jury found James liable for breach of contract and indemnification, leading to damages and attorney's fees awarded against Primoris due to a guaranty. On appeal, the court affirmed the jury's findings on James's liability and the attorney's fees against Primoris. Crucially, the court reversed the trial court's judgment awarding James damages on its counterclaim, clarifying that a contractual waiver of consequential damages serves as an affirmative defense rather than a basis for a breach-of-contract claim.

Contract LawBreach of ContractConstruction ContractIndemnificationGuaranty AgreementAttorney's FeesConsequential DamagesWaiver of DamagesConditions PrecedentSubstantial Compliance
References
136
Case No. 13-02-415-CV
Regular Panel Decision
Nov 20, 2003

Daimlerchrysler Corporation (f/K/A Chrysler Corporation), Chrysler Corporation and Chrysler v. Bill L. Inman, David Castro and John Wilkins, Each Individually and on Behalf of All Others Similarly Situated

This case involves an interlocutory appeal filed by DaimlerChrysler Corporation, challenging a trial court's certification of two nationwide classes. The plaintiffs are owners of DaimlerChrysler automobiles equipped with defective Gen-3 seatbelt buckles, alleging design defects leading to purely economic losses, but no physical injury or property damage. DaimlerChrysler contended the plaintiffs lacked standing under common-law torts, the Texas Deceptive Trade Practices Act (DTPA), and Uniform Commercial Code (UCC) warranties. The Court of Appeals affirmed that the plaintiffs had standing, concluding they suffered a distinct, actual injury from insufficient product value, and that monetary damages would provide redress. However, the court reversed and remanded the class certification due to the trial court's failure to perform a proper choice-of-law analysis for nationwide claims.

Defective ProductsClass ActionStanding to SueEconomic LossSeatbelt DefectsTexas LawDTPAUCCBreach of WarrantyNegligence
References
96
Case No. MISSING
Regular Panel Decision

Victory Energy Corporation, Smart Gas, LLC, and HCP Investments, LLC v. Oz Gas Corporation

This case involves an appeal by three business associations (Appellants) challenging a trial court's decision that named Oz Gas Corporation (Appellee) as the true leaseholder of disputed oil and gas land in Crockett County, Texas. The Appellants were also assessed damages for bad faith trespass. The core dispute revolved around the interpretation of a Substitute Trustee's Deed concerning the conveyance of oil and gas leasehold interests. The appeals court affirmed the trial court's ruling, concluding that Oz Gas Corporation holds exclusive title to the West Unit of the disputed land. The court also found that Appellants committed bad faith mineral trespass by relying on an outdated title opinion and failing to conduct proper due diligence, and upheld the joint and several liability for damages.

Oil and Gas LeasesMineral RightsTrespass to Try TitleBad Faith TrespassDeed ConstructionSummary JudgmentAppellate ReviewLeasehold InterestProration UnitsRailroad Commission
References
36
Case No. 348-363561-25
Regular Panel Decision
Jun 03, 2025

Pecos Housing Finance Corporation, Pleasanton Housing Finance Corporation, Maverick Housing Finance Corporation, and La Villa Housing Finance Corporation v. City of Arlington

The City of Arlington and City of Fort Worth initiated a lawsuit against several Housing Finance Corporations (HFCs) and Joe Don Bobbitt, the Chief Appraiser of the Tarrant Appraisal District. The cities allege that these HFCs are unlawfully removing properties in Tarrant County from tax appraisal rolls, resulting in significant loss of tax revenue. The core of the dispute revolves around the interpretation and application of the Texas Housing Finance Corporation Act, with cities arguing that HFCs are operating outside their geographical jurisdictions and for non-low-income housing purposes. The HFCs filed pleas to the jurisdiction and motions to transfer venue. The court denied Pecos HFC's plea to the jurisdiction and granted the temporary injunctions sought by both cities, prohibiting HFCs from further acquisitions or tax exemption requests in Arlington and Fort Worth, and preventing the Chief Appraiser from granting such exemptions. The HFCs are now appealing these interlocutory orders.

Housing Finance Corporation ActTax Exemption DisputeProperty Tax LitigationDeclaratory JudgmentTemporary InjunctionGovernmental ImmunityVenue DisputeAdministrative RemediesLocal Government LawTarrant County
References
0
Case No. 14-09-00579-CV
Regular Panel Decision
Sep 03, 2009

in Re Boxer Property Management Corporation and 9343 North Loop, L.P.

Boxer Property Management Corporation and 9343 North Loop, L.P. (Relators) sought a writ of mandamus to vacate a trial court order compelling the deposition of their corporate representative. The Relators contended that the deposition would improperly delve into attorney work product concerning their discovery responses to the Wells plaintiffs. The Fourteenth Court of Appeals found that the approved deposition questions were designed to investigate the methods used by counsel in searching for documents, which constitutes privileged attorney work product. Lacking concrete evidence of discovery abuse, the court determined the trial court abused its discretion. Consequently, the appellate court conditionally granted the writ of mandamus, ordering the trial court to vacate its prior order.

Discovery DisputeAttorney Work ProductPrivilegeMandamusCorporate RepresentativeDepositionTrial Court DiscretionAppellate ReviewAbuse of DiscretionTexas Civil Procedure
References
19
Case No. 04-08-00464-CV
Regular Panel Decision
Aug 27, 2008

in Re Liberty Insurance Corporation

This memorandum opinion addresses a petition for writ of mandamus filed by Relator Liberty Insurance Corporation (Liberty Mutual). Liberty Mutual sought to compel the trial court to grant its motion to disqualify opposing counsel, Doyle Raizner LLP, in an underlying bad faith workers' compensation case. The basis for disqualification was that attorney Patrick Dennis, an associate at Doyle Raizner, previously worked for Vinson & Elkins, LLP, and handled matters for Liberty Mutual that were allegedly substantially related to the current case, posing a threat of revealing confidences. The trial court denied the motion to disqualify. The appellate court reviewed whether the trial court abused its discretion in denying the motion, ultimately concluding that it could reasonably have denied the motion given conflicting evidence regarding the substantial relatedness of the matters and the receipt of confidential information. Consequently, the petition for writ of mandamus was denied.

MandamusAttorney DisqualificationConflict of InterestWorkers' CompensationBad Faith InsuranceAttorney-Client RelationshipConfidential InformationAppellate ReviewAbuse of DiscretionTexas Law
References
9
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