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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

Rodriguez v. Lockhart Contracting Services, Inc.

Appellant Leonardo Rodriguez appealed a summary judgment granted in favor of Lockhart Contracting Services, Inc. in a suit concerning the exclusive remedy provision of the Texas Workers’ Compensation Act. Rodriguez was injured while working and asserted negligence claims against Lockhart Contracting, arguing he was not an employee of Prime Source, the Professional Employer Organization (PEO) Lockhart Contracting had a co-employment agreement with. The appellate court identified a genuine issue of material fact regarding Rodriguez's employment status with Prime Source, as he had not completed the necessary employment paperwork. Consequently, the court reversed the trial court's judgment, which had barred Rodriguez's suit based on the exclusive remedy provision, and remanded the case for further proceedings.

Workers' Compensation DisputeExclusive Remedy DefenseProfessional Employer Organization LiabilityCo-employment RelationshipSummary Judgment AppealTexas Labor Code ComplianceWorkplace Injury ClaimAppellate Review StandardFactual DisputeNegligence Action
References
45
Case No. 01-09-00779-CV
Regular Panel Decision
Mar 17, 2011

Prime Trees and Landscaping Services D/B/A/ Mulch Matters v. Americon Services Company, Inc.

This breach-of-contract case involved Prime Tree and Landscaping Services (Mulch Matters) appealing a trial court's partial summary judgment and final judgment in favor of Americon Services Company. The dispute centered on a contract for 'select fill' dirt with specific plasticity index (PI) requirements for a construction project. Prime Tree contended the PI specifications were not part of the agreement and raised defenses of fraudulent inducement and lack of authority regarding the contract's terms. The Court of Appeals affirmed the trial court's decision, ruling that Mulch Matters' estimate had unambiguously incorporated Americon's Purchase Order, thus including the PI specifications in the contract. Additionally, the court upheld the jury's award of $30,500 in damages to Americon, finding sufficient evidence that the costs incurred to remedy the non-conforming dirt were reasonable and necessary.

Breach of ContractSummary JudgmentDirected VerdictAppellate ReviewContract InterpretationParol Evidence RuleFraudulent InducementDamages AwardTexas LawCivil Procedure
References
26
Case No. MISSING
Regular Panel Decision

Superior Snubbing Services, Inc. v. Energy Service Company of Bowie, Inc.

Superior Snubbing Services, Inc. appealed a summary judgment granted in favor of Energy Service Company of Bowie, Inc. The case originated from an injury sustained by a Superior employee, Daryll Faulk, while working under a Master Service Agreement between Superior and Mitchell Energy Corporation (now Devon Energy Operating, L.P.). Faulk sued Energy and others, leading to a settlement, after which Energy and Mitchell sought indemnity from Superior based on the contract. Superior argued that Energy's claims were barred by the exclusive remedy provisions of the Texas Labor Code and the contract was unenforceable under the Texas Oilfield Anti-Indemnity Act. The appellate court reversed the trial court's judgment, concluding that under Texas Labor Code section 417.004, third-party beneficiaries like Energy are not permissible indemnitees because the agreement was not directly with the 'third party'.

Workers' CompensationIndemnificationContractual LiabilityTexas Labor CodeOilfield Anti-Indemnity ActSummary JudgmentStatutory InterpretationThird-Party BeneficiaryAppellate ReviewReverse and Remand
References
12
Case No. 02-16-00057-CV
Regular Panel Decision
Oct 06, 2016

Howard Michael Lauderback, Individually, and D/ B/A New Era Contract Services v. FMWB Inc.

Appellant Howard Michael Lauderback appealed a summary judgment granted in favor of appellee FMWB, Inc. Lauderback, a contractor for mowing services with the Texas Department of Transportation, entered into a subcontract with FMWB. A dispute arose when Lauderback withheld payment from FMWB, alleging that FMWB's certificate of workers' compensation insurance was inadequate, despite a special provision in the original TDOT contract requiring such insurance. FMWB subsequently filed a lawsuit asserting claims for breach of contract and a suit on a sworn account. The appellate court affirmed the trial court's judgment, concluding that FMWB was not statutorily obligated to provide workers' compensation insurance under Texas Labor Code Ann. § 505.013, and Lauderback failed to demonstrate a genuine issue of material fact regarding FMWB's performance or his entitlement to an offset.

Breach of ContractSummary Judgment AppealSubcontract AgreementWorkers' Compensation PolicyTexas Labor CodeContractual PerformanceAffirmative DefenseOffset ClaimAppellate ReviewCivil Procedure
References
26
Case No. 01-22-00313-CV
Regular Panel Decision
May 16, 2024

Team Industrial Services, Inc. v. Kelli Most, Individually and as Personal Representative of the Estate of Jesse Henson

Kelli Most, individually and as personal representative of the estate of Jesse Henson, sued Team Industrial Services, Inc. for wrongful death and survival claims after Henson died from severe burns sustained in a steam release at a Kansas power plant. Most alleged Team was negligent in servicing pressure relief valves. The jury found Team 90% negligent and Westar (Henson's employer) 10% negligent, awarding Most $222 million in damages. On appeal, Team challenged the trial court's denial of its motion to dismiss for forum non conveniens and its refusal to apply Kansas law, which has limits on non-economic damages and different joint and several liability rules. The appellate court found that Kansas law should have been applied for proportionate responsibility and wrongful death damages caps, and that the jury's non-economic damages award was excessive due to improper arguments. The court also determined that all forum non conveniens factors favored dismissal to Kansas, vacating the judgment and dismissing the case.

Wrongful DeathSurvival ActionNegligence (Corporate)Forum Non ConveniensChoice of Law (Conflicts)Damages CapsComparative NegligenceExcessive DamagesAppellate Court DecisionIndustrial Safety
References
74
Case No. 15-25-00013-CV
Regular Panel Decision
May 07, 2025

State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture

Broadmoor Austin Associates leased office space to the Texas government, specifically the Texas Health and Human Services Commission (HHSC), through the Texas Facilities Commission (TFC). Rent has been unpaid for nearly two years due to alleged misconduct by state officials. Broadmoor asserts that sovereign immunity does not bar its claims for breach of contract, citing Chapter 114's express waiver for contracts involving construction and related services. Additionally, Broadmoor brings ultra vires claims against TFC Executive Director Mike Novak and HHSC Deputy Executive Commissioner Roland Niles, alleging their actions were beyond legal authority or a failure to perform ministerial duties. Broadmoor seeks prospective injunctive and declaratory relief to ensure these officials comply with state law, specifically regarding the availability of appropriated funds for the lease.

Sovereign ImmunityBreach of ContractUltra Vires DoctrineState AgenciesGovernment ContractsLease AgreementsLegislative AppropriationsExecutive AuthorityJudicial ReviewTexas Facilities Commission
References
69
Case No. DC-15-604
Regular Panel Decision
Nov 10, 2015

City of Rio Grande City, Texas, and Joel Villarreal, Herman R. Garza III, Arcadio J. Salinas III, Rey Ramirez, and Dave Jones in Their Official Capacities v. BFI Waste Services of Texas, LP D/B/A Allied Waste Services of Rio Grande Valley

BFI Waste Services of Texas, LP d/b/a Allied Waste Services of Rio Grande Valley (Plaintiff) sued the City of Rio Grande, Texas and its elected officials (Defendants) after the City attempted to prematurely terminate its exclusive solid waste collection contract with Allied Waste and entered into an agreement with Grande Garbage Collection Co. (Intervenor/Plaintiff). Allied Waste sought a temporary injunction, arguing that the City's actions constituted a breach of contract and violated various constitutional rights, including the Contract Clause and Due Process. The District Court, presided over by Judge Migdalia Lopez, conditionally granted Allied Waste's request for a temporary injunction on November 10, 2015, restraining the City from interfering with Allied Waste's exclusive contractual rights. The defendants, including Grande Garbage Collection Co., are appealing this temporary injunction.

Contract DisputeExclusive FranchiseWaste ManagementMunicipal LawTexas LawConstitutional RightsDue ProcessInterlocutory AppealTemporary InjunctionBreach of Contract
References
31
Case No. 11-10-00212-CV
Regular Panel Decision
Aug 02, 2012

Nathan Park, Individually and D/B/A Park Mowing Service v. Claude Payne D/B/A Haskell Tractor Service

Claude Payne d/b/a Haskell Tractor Service filed a breach of contract suit against Nathan Park d/b/a Park Mowing Service. After a bench trial, the court found in favor of Payne, awarding damages and attorney's fees. Park appealed, contending Haskell Tractor violated the contract by failing to provide required documentation and that the evidence was insufficient for the damages award. The appellate court affirmed the trial court's judgment, ruling that Park waived the defense of material breach by not requesting additional findings and that the evidence sufficiently supported the award of lost profits and attorney's fees.

Breach of ContractSubcontract AgreementLost ProfitsAttorney's FeesMaterial BreachWaiver of DefenseAppellate ReviewLegal Sufficiency of EvidenceTexas Court of AppealsContract Law
References
10
Case No. 15-25-00012-CV
Regular Panel Decision
Mar 17, 2025

State of Texas, Acting by and Through the Texas Facilities Commission, for and on Behalf of the Texas Health and Human Services Commission; The Texas Facilities Commission; Mike Novak, in His Official Capacity as Executive Director of the Texas Facilities Commission; The Texas Health and Human Services Commission; And Rolland Niles in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. 8317 Cross Park, LLC

This is an interlocutory appeal from a denial-in-part of Appellants’ plea to the jurisdiction. Appellee filed an action against the State of Texas, TFC, HHSC, Executive Director Mike Novak of TFC, and Deputy Executive Commissioner for System Support Services Division of HHSC Rolland Niles alleging causes of action for breach of lease, ultra vires conduct related to the termination of the lease, and declaratory relief. Appellants argue that the trial court erred in denying their plea because Chapter 114 of the Texas Civil Practices and Remedies Code does not waive sovereign immunity for the State of Texas, HHSC, or TFC for breach of lease claims, and the lease is not a contract for goods or services covered by Chapter 114. Furthermore, Appellants contend that the Uniform Declaratory Judgments Act (UDJA) does not waive sovereign immunity for Appellee's declaratory judgment claim as it does not challenge the constitutionality or validity of a statute, and Appellee has not alleged a cognizable ultra vires claim against the state officials. Appellants seek reversal of the partial denial of their plea to the jurisdiction and dismissal of Appellee's claims.

Sovereign ImmunityBreach of LeaseDeclaratory JudgmentUltra ViresTexas Civil Practices and Remedies CodeTexas Government CodeAppellate ProcedureJurisdictionState AgenciesContract Law
References
44
Case No. MISSING
Regular Panel Decision

Americredit Financial Services, Inc. v. Oxford Management Services

AmeriCredit Financial Services, Inc. (AmeriCredit) commenced an action to confirm an arbitration award against Oxford Management Services (OMS). OMS cross-moved to vacate the award, alleging the arbitrator exceeded his powers by dismissing a counterclaim and manifestly disregarded the law. The arbitrator had dismissed OMS's counterclaim for spoilation of evidence. The Court affirmed the arbitrator's decision, finding he did not exceed his authority under the RSA by dismissing the counterclaim or by interpreting the contract terms regarding account termination. The Court also found no manifest disregard for the law, concluding the arbitrator's decision was rationally supported by the record. Consequently, AmeriCredit's motion to confirm the award was granted, and OMS's motion to vacate was denied.

Arbitration Award ConfirmationArbitration Award VacaturFederal Arbitration ActManifest Disregard of LawArbitrator PowersSpoilation of EvidenceContract InterpretationCollection Agency DisputeSummary ProceedingJudicial Review of Arbitration
References
41
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