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

Case No. 08-11-00206-CV
Regular Panel Decision
May 09, 2012

El Paso County Juvenile Board v. Dolores Aguilar

Dolores Aguilar filed suit against the El Paso County Juvenile Board, alleging retaliatory discharge for filing a worker's compensation claim, in violation of Chapter 451 of the Texas Labor Code. The Juvenile Board asserted governmental immunity and filed a plea to the jurisdiction, which the trial court denied. On appeal, the Eighth District Court of Appeals reversed the trial court's decision. The appellate court determined that the El Paso County Juvenile Board qualifies as a political subdivision under Chapter 504 of the Texas Labor Code, meaning its governmental immunity for retaliatory discharge claims under Chapter 451 has not been waived. Consequently, the appellate court dismissed Aguilar's suit for lack of subject matter jurisdiction, aligning with the precedent set in Travis Central Appraisal District v. Norman.

Governmental ImmunityRetaliatory DischargeWorker's Compensation ClaimPlea to JurisdictionPolitical SubdivisionTexas Labor CodeSovereign ImmunitySubject Matter JurisdictionAppellate ReviewJuvenile Board
References
8
Case No. MISSING
Regular Panel Decision

Randy Hagood v. County of El Paso

Randy Hagood initiated a lawsuit against his former employer, the County of El Paso, alleging disability discrimination and retaliation in violation of the Texas Commission on Human Rights Act. Hagood, who has a partially amputated foot, asserted that the County failed to provide him with reasonable accommodation for his walking restrictions and subsequently terminated his employment. The trial court granted summary judgment in favor of the County, leading Hagood to appeal. The appellate court first addressed the County's jurisdictional challenge regarding the timeliness of Hagood's appeal, ruling that a second final judgment signed on August 2, 2011, restarted the appellate timetable, thus affirming jurisdiction. Subsequently, the court reviewed Hagood's claims of disability discrimination, lack of reasonable accommodation, and retaliatory termination. Concluding that Hagood failed to present more than a scintilla of evidence to support his claims, the appellate court affirmed the trial court's summary judgment in favor of the County.

Disability DiscriminationRetaliationSummary JudgmentReasonable AccommodationAppellate ProcedureTimeliness of AppealBurden-Shifting AnalysisTexas Human Rights ActInteractive ProcessEmployment Law
References
49
Case No. MISSING
Regular Panel Decision
Mar 04, 2004

Labrado v. County of El Paso

Sunset Coaches, Inc. and Tony Labrado (disappointed bidders) sued El Paso County and LULAC Project Amistad, Inc. (contract awardee), challenging the County's award of two transit service contracts to LULAC. They alleged LULAC was not the lowest responsible bidder due to non-compliance with bid specifications, specifically regarding maintaining a well-equipped garage and possessing necessary state licenses. The trial court granted summary judgment for the County and LULAC. The appellate court dismissed Sunset's claim for damages due to governmental immunity, but reversed the summary judgment in part, declaring the County violated the Local Government Code by awarding contracts to LULAC due to the garage specification non-compliance. The case was remanded for further proceedings on the licensing issue and attorney's fees.

Competitive BiddingGovernment ContractsLocal Government CodeGovernmental ImmunitySummary JudgmentDeclaratory JudgmentInjunctive ReliefStandingMootnessResponsible Bidder
References
47
Case No. 13-10-00439-CV
Regular Panel Decision
Jul 26, 2012

El Paso Production Oil & Gas USA L. P. N/K/A El Paso E&P Company, L. P. v. Kenneth Sellers

This appeal concerns a title dispute over a mineral estate in Hidalgo County, Texas. Appellant El Paso Production Oil & Gas USA, L.P. challenged the trial court's grant of partial summary judgment to Appellee Kenneth Sellers. Sellers claimed vested record title to mineral interests in Lots 9 and 12, seeking an accounting of oil and gas proceeds. El Paso contended that Sellers's chain of title was broken by competing claims and prior conveyances. The appellate court found that neither party definitively proved or disproved superior title, indicating genuine issues of material fact remained. Consequently, the court reversed the trial court's judgment and remanded the case for further proceedings.

Title disputeMineral rightsOil and gas lawSummary judgment reviewAppellate procedureTexas property lawReal estate titleChain of titleHidalgo CountyReversal
References
14
Case No. Nos. 01-04-01277-CV to 01-04-01287-CV; 01-04-01326-CV to 01-04-01333-CV
Regular Panel Decision
Jan 26, 2006

Jim Wells County v. EL PASO PRODUCTION OIL

This case involves multiple Texas counties and school districts (Taxing Units) alleging fraud and conspiracy against numerous oil and gas companies (Oil Companies). The Taxing Units claimed the Oil Companies undervalued oil and gas reserves for ad valorem tax purposes through various manipulative schemes, leading to underpayment of taxes. The trial court dismissed the lawsuits due to lack of subject-matter jurisdiction, asserting that the Taxing Units failed to exhaust administrative remedies available under the Texas Tax Code. The Court of Appeals affirmed the dismissal, holding that the Tax Code provides a comprehensive and exclusive regulatory scheme for addressing property appraisal disputes, including those involving alleged fraud, through the Appraisal Review Board, thereby divesting district courts of original jurisdiction.

Property TaxAd Valorem TaxOil & GasFraudConspiracyUndervaluationExclusive JurisdictionAdministrative RemediesAppraisal Review BoardTax Code
References
17
Case No. 08-15-00079-CV
Regular Panel Decision
Dec 21, 2016

County of El Paso, Self-Insured v. Mary Orozco

Ruben Orozco, an El Paso County deputy sheriff, tragically died in a car accident while returning home from an extra-duty security assignment. His wife, Mary Orozco, sought death benefits from the self-insured County, which denied the claim, arguing Ruben was not in the course and scope of his employment. Initially, a hearing officer found the injury compensable, but the Appeals Panel reversed this, concluding Ruben was merely commuting. The trial court sided with Mary, granting her motion for summary judgment. However, the Court of Appeals reversed, holding that Ruben was not actively engaged in law enforcement duties at the moment of the accident, thus not acting within the course and scope of his employment.

Workers' CompensationScope of EmploymentAutomobile AccidentDeputy SheriffExtra-Duty AssignmentCommuting RuleDual-Purpose TravelSummary JudgmentDeath BenefitsTexas Law
References
22
Case No. 08-02-00403-CV
Regular Panel Decision
Mar 18, 2004

Tony Labrado and Sunset Coaches, Inc. v. County of El Paso, Texas and Lulac Project Amistad, Inc.

Sunset Coaches, Inc. and its president Tony Labrado challenged El Paso County's award of two transit service contracts to LULAC Project Amistad, Inc., alleging LULAC was not the lowest responsible bidder. The trial court granted summary judgment for the County and LULAC. On appeal, the court dismissed Sunset's damages claim due to governmental immunity but held that Labrado and Sunset had standing for injunctive and declaratory relief, and the case was not moot. The appellate court reversed the trial court's summary judgment, finding that the County abused its discretion by awarding contracts to LULAC, as LULAC failed to meet the material bid specification of maintaining a well-equipped garage. The case was remanded for further proceedings regarding LULAC's licensing and attorney's fees.

Public ContractsCompetitive BiddingGovernmental ImmunityStandingMootnessDeclaratory ReliefInjunctive ReliefAbuse of DiscretionBid SpecificationsLowest Responsible Bidder
References
46
Case No. 17-0381
Regular Panel Decision
Mar 20, 2020

Mary Orozco v. County of El Paso, Self-Insured

Mary Orozco, the widow of a deputy sheriff, sought workers' compensation benefits after her husband died in a vehicular accident while driving his assigned patrol car home from an extra-duty assignment. The central issue was whether his death occurred within the course and scope of his employment with El Paso County. The Supreme Court of Texas reversed the lower court's decision, ruling in favor of the widow. The Court determined that the authorized operation of a marked patrol car on public roads, even during off-duty travel from an approved extra-duty assignment, constituted a law-enforcement activity that originated in and furthered the employer's business, especially given the county's provision and control over the vehicle.

Workers' CompensationScope of EmploymentLaw Enforcement OfficerVehicular AccidentExtra-Duty EmploymentTake-Home Patrol CarComing-and-Going Rule ExceptionDual-Purpose RuleTexas Supreme CourtEl Paso County Sheriff's Department
References
11
Case No. No. 08-19-00272-CV
Regular Panel Decision
Nov 10, 2021

Max Grossman/City of El Paso v. City of El Paso/Max Grossman

This case involves an appeal from the 384th District Court of El Paso County, Texas, regarding a dispute over the City of El Paso's plan to build a multipurpose arena. Appellant Max Grossman challenged the project, particularly the demolition of buildings in the Duranguito neighborhood for the arena's footprint, citing violations of the Texas Antiquities Code. The litigation's progression included multiple lawsuits concerning bond validity, sovereign immunity of the City, and the legality of permits issued by the Texas Historical Commission (THC). The primary legal issues revolve around the waiver of governmental immunity for the City under the Antiquities Code and whether the trial court abused its discretion in denying a temporary injunction against the project. Grossman contended the City's archeological survey design was inadequate to protect potential Mescalero Apache "Peace Camp" artifacts. The dissent argues against the majority's implicit finding of immunity waiver and supports the trial court's denial of the temporary injunction, emphasizing that the Antiquities Code does not unambiguously waive governmental immunity and and that the THC has broad discretion in approving archeological survey plans.

Governmental ImmunitySovereign ImmunityTexas Antiquities CodeArcheological SurveyTemporary InjunctionUltra Vires ClaimBond ReferendumEl Paso Arena ProjectHistorical PreservationJudicial Discretion
References
49
Case No. 08-21-00206-CV
Regular Panel Decision
Oct 27, 2023

El Paso County Water Improvement District 1 v. Rogelio Trevizo

El Paso County Water Improvement District No. 1 appealed the denial of its plea to the jurisdiction in a suit brought by Rogelio Trevizo, who alleged age and disability discrimination, retaliation, failure-to-accommodate, and hostile work environment under Chapter 21 of the Texas Labor Code. Trevizo was terminated for insubordination after refusing to drive a truck without air conditioning, citing health concerns. The appellate court found Trevizo failed to establish a prima facie case for age discrimination due to a lack of similarly situated comparators and direct evidence. It also determined the District lacked sufficient notice of Trevizo's specific medical conditions for the disability discrimination and accommodation claims. Consequently, the court reversed the trial court's order, granted the District's plea to the jurisdiction, and dismissed all of Trevizo's claims for want of jurisdiction.

Age DiscriminationDisability DiscriminationRetaliationHostile Work EnvironmentSovereign ImmunityPlea to the JurisdictionPrima Facie CaseMcDonnell Douglas FrameworkTexas Labor Code Chapter 21Employment Termination
References
49
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