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

Case No. 09-19-00101-CV
Regular Panel Decision
Dec 12, 2019

Brian W. Justice v. Wells Fargo Bank, National Association, on Behalf of the Registered Holders of Bear Stearns Asset Backed Securities I Trust 2007-AC2, Asset-Backed Certificates, Series 2007-AV2

Brian W. Justice appealed the trial court's summary judgment in favor of Wells Fargo Bank, National Association, regarding a breach of contract and judicial foreclosure claim. Justice had defaulted on a promissory note, leading Wells Fargo to seek foreclosure on his property. Following a summary judgment for Wells Fargo, Justice, through an attorney, moved to set aside the judgment and for a new trial, arguing he lacked notice due to being out of state. The appellate court affirmed the trial court's decision, concluding that Justice failed to prove his failure to respond was not due to conscious indifference and that Wells Fargo had adequately demonstrated its status as the note holder. Additionally, the court ruled that Justice waived his objection to attorney's fees by not raising it at the trial level.

Summary Judgment AppealBreach of ContractJudicial ForeclosurePromissory Note DefaultHome EquityDefault JudgmentMotion for New TrialCraddock TestConscious IndifferenceHolder of Note
References
46
Case No. MISSING
Regular Panel Decision

American States Insurance Co. v. Walters ex rel. Justice

Pamela Walters, acting as guardian for Ivan Robert Justice, initiated a lawsuit against American States Insurance Company to secure workers' compensation benefits following the death of Ivan Michael Justice, the minor's father. The initial trial court sided with Walters, concluding that Justice's fatal injury was sustained during the course of his employment. American States Insurance Company appealed this decision, leading to a reversal by a higher court due to a perceived lack of evidence. However, the Supreme Court subsequently reversed that decision and remanded the case, instructing the appellate court to re-evaluate the factual sufficiency of the evidence. Upon review, the appellate court determined that the evidence was factually sufficient to support the jury's original finding, thereby affirming the trial court's judgment in favor of Walters.

Workers' CompensationFactual SufficiencyCourse of EmploymentAppellate ReviewJury FindingInsurance ClaimFatal InjuryGuardian Ad LitemRemandTexas Law
References
5
Case No. 08-20-00050-CV
Regular Panel Decision
Sep 28, 2021

Bibiana Flores v. Texas Department of Criminal Justice

Bibiana Flores, a former correctional officer for the Texas Department of Criminal Justice (TDCJ), appealed the trial court's decision granting TDCJ's plea to the jurisdiction and motion for summary judgment. Flores alleged discrimination and retaliation claims under the Texas Commission on Human Rights Act (TCHRA) after her termination in 2013, claiming unlawful employment practices due to a disability. The central issue revolved around whether her request for a shift change to attend physical therapy constituted a protected activity under the TCHRA's retaliation provisions. Citing recent Texas Supreme Court precedent in Lara II, the court concluded that Flores failed to demonstrate her accommodation request alerted TDCJ to a reasonable belief of unlawful discrimination. Consequently, the appellate court affirmed the dismissal of Flores's claims due to her failure to establish a prima facie case for retaliation, thereby affirming the trial court's lack of subject matter jurisdiction.

Employment LawRetaliation ClaimDisability DiscriminationTexas Labor CodeTCHRASovereign ImmunityPlea to JurisdictionSummary JudgmentProtected ActivityReasonable Accommodation
References
28
Case No. MISSING
Regular Panel Decision
Feb 09, 1984

Nacogdoches Memorial Hospital v. Justice

Joseph Justice, an employee of Nacogdoches Memorial Hospital, suffered a heart attack while working, leading to a worker's compensation claim. A jury found his heart attack was work-related, causing total temporary incapacity for 370 weeks, and that the hospital failed to provide reasonable medical care. Despite the jury's initial finding on wages, the trial court disregarded it, ruling that Justice's average daily wage qualified for the maximum compensation rate. Justice died after the verdict but before the judgment was signed. The hospital appealed, challenging the court's wage determination and a perceived improper argument by Justice's counsel, but the appellate court affirmed the trial court's judgment, finding the wages conclusively proved and the argument error waived.

Worker's CompensationHeart AttackTemporary IncapacityJury VerdictTrial Court DiscretionAverage Weekly Wage CalculationMaximum Compensation RateJudgment Non Obstante VeredictoImproper ArgumentWaiver of Error
References
6
Case No. 03-99-00149-CV
Regular Panel Decision
Feb 03, 2000

Patricia Sullivan and Dannah Broughton v. Texas Department of Criminal Justice

Patricia Sullivan and Dannah Broughton appealed a summary judgment granted in favor of the Texas Department of Criminal Justice in their age discrimination suit. Sullivan and Broughton, former adult probation officers for HCCSCD, were terminated after the Department imposed fiscal and management controls on HCCSCD due to identified problems. They alleged age discrimination, seeking to hold the Department liable under the "single employer" doctrine. The district court found the Department was not their employer, granting summary judgment. The appellate court affirmed this decision, declining to apply the "single employer" doctrine to governmental units in this context and finding no evidence of the Department's specific control over the termination decision.

age discriminationemployment lawsummary judgmentsingle employer doctrinegovernmental immunityTexas lawappellate reviewlabor codecivil rightscommunity supervision
References
19
Case No. 13-08-00269-CV
Regular Panel Decision
Oct 22, 2009

Luzelma Campos, Betty Jo Gonzalez, and Misty Valero v. Texas Department of Criminal Justice, Community Justice Assistance Division, Nueces County Substance Abuse Treatment Facility, Nueces County Community Supervision and Corrections, and Nueces County Adult Probation Department

Appellants Luzelma Campos, Betty Jo Gonzalez, and Misty Valero appealed the trial court's grant of a plea to the jurisdiction in favor of appellees, including the Texas Department of Criminal Justice and Nueces County entities. Appellants alleged federal civil rights violations and torts under the Texas Tort Claims Act, stemming from sexual harassment and assault during their incarceration. The appellate court affirmed the dismissal of the federal civil rights claims under 28 U.S.C. § 1983, determining that the appellees were state entities immune from such suits, and found claims for injunctive relief moot as appellants were no longer incarcerated. However, the court reversed the dismissal of claims under the Texas Tort Claims Act, remanding for further proceedings to allow discovery and amendment of pleadings regarding allegations of premise defect and the use of tangible personal property, consistent with prior rulings.

Plea to the JurisdictionSovereign ImmunityTexas Tort Claims ActFederal Civil RightsSection 1983Premise DefectTangible Personal PropertyNegligent Hiring and SupervisionSexual MisconductIncarceration Conditions
References
15
Case No. MISSING
Regular Panel Decision

Diamond Offshore Management Company v. Lela Guidry

Justice Gaultney dissents, arguing that "course and scope" and "in the service of the vessel" constitute an essential element of the plaintiff's burden of proof, not merely an inferential rebuttal issue. He contends that the trial court erred by not submitting this controlling fact issue, concerning whether Guidry was within the course and scope of his employment at the time of the accident, to the jury despite the defendant's objection. Additionally, Gaultney asserts that evidence regarding Guidry's intoxication was improperly excluded, as it was relevant to both Guidry's negligence and his return to the vessel's service. Consequently, Justice Gaultney believes the case should be remanded for a new trial due to the defective jury instruction.

Jury InstructionCourse of EmploymentScope of EmploymentService of VesselPlaintiff's BurdenInferential RebuttalFact IssueIntoxication EvidenceNegligenceRemand
References
7
Case No. MISSING
Regular Panel Decision

Ashish Patel, Anverali Satani, Nazira Momin, Minaz Chamadia, and Vijay Lakshmi Yogi v. Texas Department of Licensing and Regulation

Justice Boyd concurs with the judgment that a Texas statute requiring eyebrow threaders to obtain an esthetician's license is unconstitutional. However, he disagrees with the Court's adoption of a new 'unreasonably burdensome that it becomes oppressive' test for the Texas Constitution's 'due course of law' provision. Instead, he believes a law violates due course of law only if it is 'arbitrary and unreasonable, and therefore oppressive, because it has no rational relationship to a legitimate government interest.' He finds the esthetician's license requirement for eyebrow threaders to be arbitrary, unreasonable, and oppressive as it lacks a rational relationship to public health and safety, despite agreeing that sanitation training is rational. Boyd emphasizes that courts should not 'legislate from the bench' but must exercise their authority to interpret the Constitution when a law is clearly arbitrary and unreasonable. He concludes that imposing the existing esthetician licensing scheme on eyebrow threaders is not rationally related to the legitimate government interest in promoting public health and safety.

Constitutional LawDue Course of LawEconomic RegulationOccupational LicensingEsthetician LicenseEyebrow ThreadingRational Basis ReviewArbitrary and UnreasonableTexas ConstitutionSubstantive Due Process
References
7
Case No. MISSING
Regular Panel Decision

American States Insurance Co. v. Walters

This worker's compensation appeal concerns a claim for death benefits filed by Pamela Walters, guardian of Ivan Robert Justice, a minor. The claim alleged that Ivan Michael Justice was killed in the course and scope of his employment. The deceased, along with his employer, was found shot to death, but the motive for the murders remained unknown. An insurer appealed a favorable judgment for the claimant, arguing a lack of evidence that the death was employment-related. The Chief Justice reversed the judgment, holding that without evidence of the assailant's motive, the claimant failed to prove the injury was directed against the employee because of employment, or that it was not for personal reasons.

Worker's CompensationDeath BenefitsCourse and Scope of EmploymentIntentional InjuryBurden of ProofNo EvidenceHomicideThird Party ActTexas LawReversed and Rendered
References
15
Case No. MISSING
Regular Panel Decision

Campos v. Texas Department of Criminal Justice

Appellants, Luzelma Campos, Betty Jo Gonzalez, and Misty Valero, appealed a trial court's order granting a plea to the jurisdiction in favor of the Texas Department of Criminal Justice Community, Justice Assistance Division, and Nueces County entities. Appellants alleged federal civil rights violations and torts under the Texas Tort Claims Act for sexual harassment and assault while incarcerated at the Nueces County Substance Abuse Treatment Facility. The appellate court affirmed the dismissal of the federal civil rights claims, finding the appellees to be state entities immune under section 1983 and the claims for injunctive relief moot. However, the court reversed and remanded the claims under the Texas Tort Claims Act, specifically those related to premise defect, use of tangible personal property, and negligent hiring, training, and supervision, allowing for further discovery and amendment of pleadings.

Sovereign immunityTexas Tort Claims ActPlea to jurisdictionSection 1983Premise defectTangible personal propertyNegligent hiringNegligent supervisionSexual harassmentSexual assault
References
15
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