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

Case No. MISSING
Regular Panel Decision

Fuentes v. Union de Pasteurizadores de Juarez Sociedad Anonima de Capital Variable

This case is an accelerated appeal concerning a temporary injunction. Union de Pasteurizadores de Juarez (UPJ), a Mexican corporation, sued Jorge Zaragosa Fuentes, Rodrigo Mendoza Delagado, and Jose Chaparro Amparan for conversion of financial documents needed for a Mexican tax audit. The trial court issued a temporary injunction compelling the defendants to produce the documents. On appeal, the defendants argued against the injunction, citing statute of limitations, lack of irreparable injury, speculative harm, and clarity issues with the order and bond. The appellate court affirmed the trial court's temporary injunction, ruling that UPJ demonstrated a probable right to recovery and faced irreparable harm, including potential civil and criminal actions in Mexico, if the documents were not provided. The court also found the injunction order sufficiently clear and the bond adequate, dismissing the statute of limitations argument as a merits issue not appropriate for interlocutory review.

Temporary InjunctionConversionAccelerated AppealFinancial RecordsMexican Tax AuditIrreparable HarmProbable Right to RecoveryAbuse of DiscretionStatute of LimitationsRule 683
References
20
Case No. 03-96-00415-CV
Regular Panel Decision
Aug 28, 1997

Workers' Compensation Division, Office of the Attorney General of Texas v. Beverly De La Zerda and Rudy De La Zerda

The Workers' Compensation Division, Office of the Attorney General of Texas, appealed a judgment concerning a personal injury suit. Appellee Beverly de la Zerda, a state employee, and Rudy de la Zerda, sued Americlean Concepts after Beverly sustained injuries at work. Following a settlement between the de la Zerdas and Americlean, the trial court issued a final take-nothing judgment. Subsequently, the de la Zerdas moved to allocate the settlement proceeds, a proposal objected to by the Division, which asserted its subrogation interest. The appellate court dismissed the appeal for lack of jurisdiction, ruling that the Division's petition to intervene was untimely as the original final judgment had not been set aside.

Workers' CompensationPersonal InjuryJurisdictionInterventionFinal JudgmentSettlement AllocationSubrogationAppellate ProcedureTimelinessLien
References
6
Case No. MISSING
Regular Panel Decision

K. R. Playa VI, S. De R.L. De C v. v. Stewart Title Guaranty Company and Stewart Title Guaranty De Mexico, S.A. De C v.

This case involves a consolidated appeal over title insurance claims for properties in Mexico. Appellants Citigroup Global Markets Realty Group and K.R. Playa VI challenged a trial court's judgment favoring appellees Stewart Title Guaranty Company and Stewart Title Guaranty de Mexico. The dispute centered on whether an exclusion in the title insurance policies, related to K.R. Playa's knowledge of a Mexican expropriation decree affecting the properties, precluded coverage and influenced the damages award. The jury found K.R. Playa knew of the decree for ten properties and awarded zero damages for the remaining six. The appellate court affirmed the trial court's judgment, upholding the jury's findings on K.R. Playa's knowledge and the zero damages, and addressing issues concerning expert testimony and state-law claims.

Title InsuranceReal Estate DisputeProperty ValuationBreach of ContractGood Faith and Fair DealingTexas Insurance CodeExpropriation DecreeMexican LawInternational PropertyAppellate Review
References
18
Case No. 11-19-00123-CV
Regular Panel Decision
Apr 08, 2021

Pedro De La Rosa and Angelina De La Rosa v. Basic Energy Services, L.P., by and Through Its General Partner, Basic Energy Services GP, LLC

Pedro and Angelina De La Rosa appealed a trial court's order granting a plea to the jurisdiction filed by Basic Energy Services, L.P. and Basic Energy Services GP, LLC. The De La Rosas alleged intentional injuries to Pedro during a work-related truck accident and subsequent medical interference, plus Angelina's loss of consortium. The Eleventh Court of Appeals determined that the Appellants' claims fell under the intentional-injury exception to the Texas Workers’ Compensation Act, thereby establishing subject-matter jurisdiction. The court also clarified that election of remedies is an affirmative defense, not a jurisdictional bar. Consequently, the appellate court reversed the trial court's order and remanded the case for further proceedings.

Intentional InjuryWorkers Compensation ActSubject Matter JurisdictionPlea to JurisdictionExclusive RemedyElection of RemediesTruck AccidentEmployer LiabilityMedical InterferenceLoss of Consortium
References
33
Case No. MISSING
Regular Panel Decision

Suarez v. Sherman Gin Co.

Lucio Suarez sued Sherman Gin Co. and others for personal injuries sustained in a cotton ginning machine accident that occurred after Sherman Gin Co. was dissolved. Suarez sought to recover damages under the trust fund theory from former directors, officers, and shareholders, and through the de facto merger doctrine against Continental Conveyor & Equipment Co. The trial court granted summary judgment for the appellees. The appellate court affirmed, holding that the trust fund theory does not apply to post-dissolution claims, and no de facto merger occurred. Texas Employers' Insurance Association's claim for workers' compensation and medical benefits paid to Suarez was also denied.

Corporate DissolutionSuccessor LiabilityTrust Fund TheoryDe Facto MergerPost-Dissolution ClaimsProduct LiabilitySummary JudgmentTexas Business Corporation ActAppellate ReviewWorkers' Compensation
References
5
Case No. MISSING
Regular Panel Decision
Dec 03, 1999

City of New York v. AAER Sprayed Insulations, Inc.

In 1955, Basic Inc. acquired the building materials manufacturing line, including asbestos-containing Kilnoise, from Kelley Island Company, which was undergoing liquidation and subsequently dissolved. The City of New York and the Board of Education later initiated actions against various manufacturers, including Basic Inc., to recover costs associated with asbestos removal from municipal buildings. A previous motion by Pfizer, a subsequent purchaser of Basic's subsidiary, to dismiss on grounds of no successor liability was granted. Basic Inc. then moved for partial summary judgment, arguing against de facto merger with Kelley Island, but the IAS court denied this motion. This appellate decision affirmed the denial, concluding that Basic Inc.'s acquisition of Kelley Island's assets, continuation of operations, and retention of personnel constituted a de facto merger, thus establishing grounds for successor liability.

AsbestosSuccessor LiabilityDe Facto MergerProduct LiabilityCorporate AcquisitionSummary JudgmentAppellate DecisionBuilding MaterialsLiquidationCorporate Dissolution
References
3
Case No. 13-09-00277-CV
Regular Panel Decision
Jun 24, 2010

Homero Eduardo Falcon Martinez and Falrey, S.A. De Cv v. Hugo Garcia De Anda, Mineria Y Energia Del Noreste, S.A., Star Fuels Limited, Michael Loughran and Joseph Loughran

This case is an interlocutory appeal challenging a trial court's order granting special appearances for the appellees. Appellants, Homero Eduardo Falcon Martinez and Falrey, S.A. de C.V., brought suit against the appellees, alleging various claims stemming from a coal mining operation in Mexico. The appellants contended that the trial court erred in its ruling, arguing that the appellees had failed to negate all jurisdictional bases and that both specific and general personal jurisdiction over them was proper. However, the Court of Appeals affirmed the trial court's decision, concluding that the non-resident appellees lacked sufficient contacts with Texas to establish either specific or general personal jurisdiction. The court also found that the appellants did not successfully prove their theories of agency or alter ego to impute contacts to the appellees.

Personal JurisdictionSpecial AppearanceMinimum ContactsGeneral JurisdictionSpecific JurisdictionPurposeful AvailmentAlter Ego TheoryAgency RelationshipBreach of ContractFraud
References
19
Case No. 04-04-00182-CV
Regular Panel Decision
Dec 08, 2004

Sandra Silva De Tamez, Individually and as Representative of the Estate of Juan Guadalupe Tamez, (Deceased) and as Next Friend of Denise Silva De Tamez, a Minor Child, (APPELLANT) Michael G. Willoughby, (APPELLANT) v. Southwestern Motor Transport, Inc.

This case involves an appeal by Sandra Silva de Tamez and Michael G. Willoughby against a summary judgment in favor of Southwestern Motor Transport, Inc. (SMT). Tamez, representing the estate of Juan Guadalupe Tamez, and Willoughby had sued SMT under the Wrongful Death Act and Survival Statute following a fatal tractor-trailer accident. SMT's defense was based on pre-injury release agreements signed by Tamez and Willoughby, which SMT argued released it from liability. The appellate court reviewed the enforceability of these agreements, addressing issues such as fair notice, meeting of the minds (including Tamez's English literacy), the presence of valid consideration, and public policy arguments related to employment relationships (statutory or borrowed servant). The court concluded that the release agreements were valid and binding, satisfying all contractual requirements, and affirmed the trial court's judgment.

Summary Judgment AppealWrongful Death ActSurvival StatuteRelease AgreementWaiver and ReleaseFair Notice RequirementsExpress Negligence DoctrineConspicuousnessContractual RequirementsMeeting of the Minds
References
24
Case No. MISSING
Regular Panel Decision

Texas Department of Insurance, Workers' Compensation Division v. De Los Santos

Roel De Los Santos, a heavy equipment operator, sustained work-related injuries to both wrists in 1987 and 1994, leading to multiple surgeries and a diagnosis of Complex Regional Pain Syndrome (CRPS I) in both hands and arms. After the Division of Workers’ Compensation denied his claim for lifetime income benefits (LIBs) against Texas Mutual Insurance Company, De Los Santos sought judicial review. The trial court reversed the Division's decision, finding that De Los Santos's 1994 injury extended to CRPS I and insomnia, and that he permanently lost the use of both hands, entitling him to LIBs from the Subsequent Injury Fund. The Division appealed, challenging the sufficiency of evidence for LIBs and the trial court's jurisdiction to order the Fund to pay directly. The appellate court affirmed De Los Santos's entitlement to LIBs, finding sufficient medical evidence of total and permanent loss of hand use, but modified the judgment to remove the direct order for the Subsequent Injury Fund to pay, instructing De Los Santos to present the judgment to the Fund for payment through proper administrative procedure.

Workers' CompensationLifetime Income BenefitsComplex Regional Pain SyndromeCRPS IHand InjuryWork-Related InjuryJudicial ReviewSubsequent Injury FundSufficiency of EvidenceMedical Testimony
References
21
Case No. MISSING
Regular Panel Decision

J.R. Beadel and Co. v. De La Garza

Joe De La Garza was severely injured while operating a forklift, loading pallets of meat into a truck owned by J.R. Beadel & Company, driven by Everett Lemond. Lemond, believing the loading was complete, drove the truck away from the dock while De La Garza was still inside with the forklift, causing him to fall. De La Garza recovered a judgment in a negligence action, which the defendants appealed. The appellate court affirmed the trial court's judgment, ruling that De La Garza had no duty to anticipate Lemond's negligent actions and that evidence of workers' compensation benefits, which had ceased prior to trial, was properly excluded for impeachment purposes.

NegligenceForklift AccidentProper LookoutContributory NegligenceWorkers' Compensation BenefitsEvidence AdmissibilityImpeachmentDuty to AnticipatePersonal InjuryThird-Party Tort-feasor
References
8
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