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

Case No. 54 Tex.Sup.Ct.J. 428
Regular Panel Decision
Jan 11, 2011

Epps v. Fowler

The Texas Supreme Court addressed whether a defendant is a 'prevailing party' entitled to attorney's fees when a plaintiff voluntarily nonsuits a claim without prejudice. The case involved the Fowlers, who sued the Eppses over alleged foundation defects, and later nonsuited their claims. The Supreme Court established a new standard, holding that a defendant prevails in such a scenario only if the nonsuit was taken to avoid an unfavorable judgment, or if the nonsuit was with prejudice. The court reversed the appellate court's judgment and remanded the attorney's fees claim and the Eppses' separate claim for sanctions under Chapter 10 of the Civil Practice and Remedies Code to the trial court for further determination.

Attorney's FeesPrevailing PartyNonsuitVoluntary DismissalWithout PrejudiceWith PrejudiceContractual ClaimsSanctionsCivil ProcedureRes Judicata
References
41
Case No. 02-18-00012-CV
Regular Panel Decision
Nov 15, 2018

Patrick Mahaffey v. Seth Washburne and Thirsty 13th, LLC

This case addresses whether an order of nonsuit triggers the shifting of litigation costs under Texas Rule of Civil Procedure 167 and Civil Practice and Remedies Code Chapter 42. Appellant Patrick Mahaffey made a settlement offer to Appellees Seth Washburne and Thirsty 13th, LLC, which was rejected. Subsequently, Appellees filed a notice of nonsuit. Mahaffey's motion to recover litigation costs was denied by the trial court, which reasoned that a nonsuit without prejudice lacked the necessary finality for cost recovery. The appellate court affirmed, explaining that while a nonsuit could theoretically trigger cost-shifting, the recoverable amount was limited to zero because the Appellees recovered nothing by judgment.

Offer of SettlementLitigation CostsNonsuitTexas Civil ProcedureAppellate LawRule 167Civil Practice and Remedies Code Chapter 42Final JudgmentMonetary DamagesCost Shifting
References
10
Case No. MISSING
Regular Panel Decision

McCann Steel Co. v. Carney

The Supreme Court of Tennessee reviewed a worker's compensation case filed by the widow of Turner Albert Carney against McCann Steel Company. Carney's death on December 2, 1947, was attributed to blood poisoning that developed from a work-related hand injury, despite a pre-existing condition of leukemia. The trial court initially allowed a nonsuit but later ruled in favor of the petitioner, awarding compensation. The defendant appealed, arguing against the nonsuit and lack of evidence for a work-related death. The Supreme Court affirmed the trial court's judgment, holding that the injury was the proximate cause of death, accelerating it despite the leukemia, and supported the trial judge's discretion in allowing the nonsuit.

Worker's CompensationAccidental InjuryBlood PoisoningSepticemiaLeukemiaCausal ConnectionProximate CausePre-existing ConditionNonsuitEmployer Liability
References
2
Case No. 06-05-00101-CV
Regular Panel Decision
Jan 06, 2006

Doolin`s Harley-Davidson, Inc. v. Clifford Young, Jr.

This case involves Doolin's Harley-Davidson, Inc. appealing a trial court's dismissal of its request for attorneys' fees. The dispute originated from a motorcycle repair bill and a subsequent default judgment against Clifford Young, Jr. Young then filed a petition for bill of review, which he later nonsuited. Doolin's argued it had a pending claim for attorneys' fees and was the "prevailing party" in the bill of review proceedings. The appellate court affirmed the trial court's judgment, holding that Doolin's did not have a pending claim for attorneys' fees at the time of the nonsuit and was not the "prevailing party" because the merits of the bill of review were never reached due to the nonsuit. The court also clarified that attorneys' fees are not identical to sanctions and found the subsequently filed motion for attorneys' fees was not timely.

Attorneys' FeesNonsuitPrevailing PartyBill of ReviewTexas Rules of Civil ProcedureAppellate PracticeJurisdictionAffirmative ReliefContract DisputeDefault Judgment
References
25
Case No. NO. 14-11-00276-CV
Regular Panel Decision
Oct 25, 2011

Paul Oliver v. Smith International, Inc.

Paul Oliver sued his former employer, Smith International, Inc., alleging retaliation after being fired for filing a workers' compensation claim. During litigation, Oliver repeatedly failed to appear for court-ordered depositions, leading the trial court to sanction him and dismiss his case without prejudice. Oliver appealed, arguing that his subsequent motion for nonsuit nullified the deposition order and the trial court's authority to sanction. The appellate court, the Fourteenth Court of Appeals, affirmed the trial court's judgment, ruling that the trial court properly exercised its discretion in imposing sanctions for discovery abuse that occurred prior to the nonsuit motion. The court emphasized that a plaintiff's right to nonsuit does not negate a trial court's power to address sanctionable conduct.

Workers' CompensationRetaliationSanctionsDiscovery AbuseNonsuitAppellate ReviewTexas Civil ProcedureDismissal Without PrejudiceTrial Court Discretion
References
8
Case No. 01-05-00466-CV
Regular Panel Decision
Feb 15, 2007

John D. Hagberg v. City of Pasadena, a Self-Insured Governmental Entity Under the Texas Labor Code

John D. Hagberg appealed the trial court's denial of attorney's fees after the City of Pasadena nonsuited its lawsuit seeking to overturn a Texas Workers' Compensation Commission (TWCC) determination in Hagberg's favor. The City had challenged Hagberg's impairment rating and subsequently moved for nonsuit, arguing there was no 'prevailing party' and Hagberg's pleadings for fees were insufficient. The Court of Appeals reversed the trial court's order, holding that Hagberg's request for attorney's fees was sufficient and that he was indeed the prevailing party under the Texas Workers' Compensation Act. The court reasoned that the City's nonsuit made the TWCC's favorable decision final and enforceable, thereby entitling Hagberg to attorney's fees. The case was remanded to the trial court for a determination of reasonable and necessary attorney's fees.

Attorney's FeesPrevailing PartyWorkers' Compensation ActNonsuitJudicial ReviewImpairment RatingTexas Labor CodeCourt of AppealsStatutory ConstructionAppellate Procedure
References
29
Case No. 2015-06-0361
Regular Panel Decision
Aug 15, 2017

Taylor, Vincent v. American Tire Distributors

The Workers' Compensation Appeals Board affirmed a trial court decision in a case involving an employee's work-related back injury claim. The employer argued the claim was time-barred because the employee's second petition for benefit determination was filed over a year after the last voluntary benefit payment, asserting that the withdrawal of the first petition was an effective nonsuit. However, the trial court denied summary judgment, finding the withdrawal was ineffective due to the absence of a judge-issued nonsuit order, thus the claim remained active. The Appeals Board agreed, holding that a mediator's "Notice of Withdrawal of Petition for Benefit Determination" does not constitute a voluntary dismissal and does not stop the statute of limitations from running. The case was remanded for further proceedings, emphasizing that a claim remains active unless a judge formally orders a nonsuit.

Statute of LimitationsWorkers' CompensationPetition for Benefit DeterminationVoluntary DismissalNonsuitMediator AuthorityAppellate ReviewSummary JudgmentBack InjuryEmployer Denial
References
6
Case No. MISSING
Regular Panel Decision

Pacific Employers Insurance Co. v. Torres

The case involves an appeal from the trial court's award of attorney's fees to an injured employee (Appellee) under Section 408.221 of the Texas Labor Code. The Appellant, Pacific Employers Insurance Co., had initially filed a petition appealing a Texas Workers’ Compensation Commission Appeals Panel decision and later filed a nonsuit dismissing all claims against the Appellee. The trial court subsequently awarded attorney's fees to the Appellee. The Appellant contested this award, arguing that the employee was not a "prevailing party" because the case was disposed of by nonsuit rather than a judicial ruling on the merits. The appellate court disagreed, holding that the employee was indeed a "prevailing party" under the statute, especially given the circumstances where the insurance carrier nonsuited its claims after considerable litigation and the employee was merely defending the initial award. Therefore, the appellate court affirmed the trial court's decision to award attorney's fees.

Workers' CompensationAttorney's FeesNonsuitPrevailing PartyStatutory ConstructionTexas Labor CodeAppellate ReviewInsurance CarrierEmployee RightsJudicial Review
References
12
Case No. M2020-01651-COA-R3-CV
Regular Panel Decision
Nov 30, 2022

Trevor Adamson v. Sarah E. Grove

Plaintiff Trevor Adamson filed a defamation lawsuit against Sarah E. Grove, Deborah Ann Sangetti, and Karl S. Bolton, which he voluntarily dismissed without prejudice. The defendants then filed a motion to alter or amend the dismissal and a petition to dismiss with prejudice under the Tennessee Public Participation Act (TPPA), seeking attorney fees and sanctions. The trial court granted the defendants' petition, dismissing the case with prejudice and awarding $15,000 in attorney fees and $24,000 in sanctions. Adamson appealed, challenging the trial court's jurisdiction after the nonsuit. The Court of Appeals found that the trial court lacked jurisdiction over the defendants' TPPA petition because it was filed after the voluntary nonsuit, and no exceptions to the nonsuit rule applied. Consequently, the appellate court reversed the trial court's order, vacated the dismissal with prejudice and awards, and remanded the case for entry of an order granting Adamson's request to dismiss without prejudice.

DefamationVoluntary DismissalNonsuitAnti-SLAPP LawTennessee Public Participation Act (TPPA)Subject Matter JurisdictionAttorney FeesSanctionsAppellate ReviewCivil Procedure
References
73
Case No. 08-05-00086-CV (TC#2003-2730)
Regular Panel Decision
Aug 25, 2005

Pacific Employers Insurance Co. v. Severiano Torres

This case concerns an appeal from the trial court's award of attorney's fees to Appellee Severiano Torres. Appellant Pacific Employers Insurance Co. initially challenged a Texas Workers’ Compensation Commission Appeals Panel decision by suing Torres. After nearly 19 months of litigation, Pacific Employers filed a notice of nonsuit, dismissing all claims against Torres without prejudice, shortly before trial. Subsequently, the trial court awarded attorney's fees to Torres. Pacific Employers appealed this award, contending that Torres was not a 'prevailing party' under Section 408.221 of the Texas Labor Code because the case was disposed of by nonsuit, arguing that a judicial ruling on the merits was required. The Court of Appeals disagreed, affirming the trial court's decision. It held that an employee who defends an award, and whose case is subsequently nonsuited by the insurance carrier, is considered a prevailing party for the purposes of the statute, especially given the legislative intent to liberally construe compensation provisions in favor of injured workers.

Attorney's FeesNonsuitPrevailing PartyStatutory InterpretationTexas Labor CodeWorkers' Compensation AppealJudicial ReviewAppellate CourtInsurance Carrier LiabilityEmployee Claimant
References
12
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