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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Sonat Exploration Co. v. Cudd Pressure Control, Inc.

This case involves a dispute over an indemnity agreement between Sonat Exploration Company (Sonat) and Cudd Pressure Control, Inc. (Cudd) following an oilfield explosion in Louisiana that killed four Cudd employees. Sonat sought indemnity from Cudd and coverage as an additional insured from Cudd's insurer, Lumbermens Mutual Casualty Company (Lumbermens), after settling claims for approximately $28 million. The core issue is which state's law, Texas or Louisiana, governs the Master Service Agreement's indemnity provisions, as they conflict on enforceability. The Supreme Court of Texas affirmed the court of appeals' decision to reverse the trial court's application of Texas law and remanded the case for further proceedings under Louisiana law, based on the parties' justified expectations inferred from their contract despite no explicit choice of law for Louisiana operations.

Choice of LawIndemnity AgreementOilfield ServicesMaster Service AgreementLouisiana LawTexas LawContract InterpretationInsurance CoverageRule 11 AgreementVirtual Representation
References
32
Case No. MISSING
Regular Panel Decision

Snively v. Peak Pressure Control, LLC

Plaintiffs Jason Snively, Stephen Clark, and others similarly situated filed a motion for conditional certification against Defendants Peak Pressure Control, LLC and Nine Energy Service, LLC. The lawsuit alleges violations of the Fair Labor Standards Act (FLSA), specifically that Pressure Control Operators were not paid overtime wages despite working in excess of 40 hours per week, instead receiving a base salary and bonuses. The court reviewed the motion under the Lusardi two-stage approach and found sufficient evidence that aggrieved and similarly situated individuals exist and desire to opt-in. Consequently, the court granted in part the motion for conditional certification, setting forth directives for a revised notice to potential plaintiffs, including a 60-day opt-in period and approval for notice dissemination via mail, email, and workplace posting.

FLSACollective ActionConditional CertificationOvertime WagesWage and HourPressure Control OperatorsOilfield ServicesFair Labor Standards ActEmployer LiabilityMisclassification
References
26
Case No. NO. 01-11-00079-CV
Regular Panel Decision
Jan 31, 2013

Fairways Offshore Exploration, Inc. v. Patterson Services, Inc. and Cudd Pressure Control, Inc.

Fairways Offshore Exploration, Inc. appealed a trial court's judgment favoring Patterson Services, Inc. and Cudd Pressure Control, Inc. in a negligence and breach of contract dispute stemming from a sour natural gas well incident. Fairways challenged the sufficiency of Patterson's pleadings and expert testimony, damage awards, and asserted Patterson breached an express warranty and Cudd was negligent. Cudd filed a cross-issue regarding its equipment damages. The appellate court modified the judgment to reinstate Cudd's equipment damages, affirmed the judgment for Cudd on breach of contract, reversed Patterson's negligence claim, and reversed and remanded Patterson's breach of contract claim for a new trial.

Sour gas wellNegligenceBreach of contractExpress warrantySulfide-stress crackingNitrogen blanketT95 pipingEquipment rentalDamagesExpert testimony
References
11
Case No. 01-21-00285-CV
Regular Panel Decision
May 18, 2023

GE Oil & Gas Pressure Control, L.P. v. Carrizo Oil & Gas, Inc.

This is an insurance subrogation case where Gemini Insurance Company, on behalf of its insured Carrizo Oil & Gas, Inc. (Carrizo), sued GE Oil & Gas Pressure Control, L.P. (GE) for damages from a well blowout. Carrizo alleged negligence, breach of contract, product liability, and breach of warranty. GE counterclaimed for Carrizo's negligence and indemnification. A jury found both parties negligent, but the trial court later disregarded Carrizo's negligence finding and awarded Carrizo over $2.5 million. On appeal, GE challenged Carrizo's standing, the disregard of the jury's verdict, and the enforceability of indemnity provisions. The Court of Appeals affirmed the trial court's judgment, concluding Carrizo had standing, GE failed to provide necessary expert testimony for Carrizo's negligence, and the indemnity clauses were unenforceable due to lack of signatory authority.

Oil and GasWell BlowoutNegligenceBreach of ContractProduct LiabilityBreach of WarrantyInsurance SubrogationIndemnity ClauseFair Notice RuleExpress Negligence
References
71
Case No. No. 20-0505
Regular Panel Decision
Mar 11, 2022

in Re Eagleridge Operating, Llc

In this premises-defect case, Eagleridge Operating, LLC sought mandamus relief after a trial court struck its designation of Aruba Petroleum, Inc. as a responsible third party. Eagleridge contended that Aruba, a former wellsite owner-operator, held continuing responsibility for injuries from a burst gas pipeline under an independent contractor theory, despite having conveyed its ownership interest. The Supreme Court of Texas denied the petition, affirming the lower courts' decision that Occidental Chemical Corp. v. Jenkins was controlling. The Court reiterated that a property owner acts solely as an owner when improving its own property, and responsibility for premises defects generally transfers with the conveyance of ownership. The Court concluded that Aruba's compensation as operator of record did not transform its role from owner to independent contractor, and thus its responsibility terminated upon conveyance.

Premises liabilityMandamusResponsible third partyProperty ownershipOil and gas lawIndependent contractorOwner-operatorTexas Supreme CourtAppellate procedureCivil Practice and Remedies Code
References
28
Case No. 07-01-0275-CV
Regular Panel Decision
Jan 24, 2003

Primrose Operating Company, Mike Byrd Casing Crews, Inc., and Byrd Power Tong Service, Inc. and Palmer Oil Field Construction Company v. Walter James Jones, III and Jona Jones, Ind. and as Next Friends for Their Minor Children

This case involves an appeal concerning an oilfield accident where Walter James Jones III and Jona Jones were awarded damages. Appellants Primrose Operating Company, Inc. and Palmer Oilfield Construction Inc. challenged the judgment. Key issues included allegations of jury tainting from a "mock trial" conducted by Jones's attorneys and the trial court's failure to submit a jury question regarding Primrose's right of control over Palmer's operations. The appellate court found no abuse of discretion in denying the mistrial motion related to the mock trial. However, it determined that Jones failed to establish Primrose's duty, as a jury finding on control was a necessary element for their negligence claim. Consequently, the appellate court reversed the trial court's judgment and rendered that Jones take nothing against Primrose and Palmer.

AppealOilfield AccidentNegligenceJury MisconductMock TrialRight of ControlIndependent ContractorPremises LiabilityWorker InjuryDamages
References
20
Case No. 2013-DCL-3455-D
Regular Panel Decision
Dec 01, 2014

Victor Quijano, Doing Business as Target Pest Control v. Cameron County, City of Brownsville & Brownsville Independent School District

Plaintiffs, Cameron County, City of Brownsville, and Brownsville Independent School District, initiated a lawsuit against Victor Quijano, operating as Target Pest Control, for the recovery of delinquent ad valorem taxes. The taxes were related to tangible personal property for the tax years spanning 2005 through 2009. Quijano asserted that his business ceased operations in 2008 or 2009, and he did not possess significant taxable property, largely functioning as a subcontractor. The 103rd Judicial District Court of Cameron County, presided over by Hon. Janeth Leal, issued a judgment on December 1, 2014. The court granted the plaintiffs' demand for delinquent taxes, along with penalties, interest, and attorney fees, totaling $1,726.79, and mandated additional accruals post-judgment. All other requested relief was denied, rendering the judgment conclusive and subject to appeal.

Tax DelinquencyAd Valorem TaxesPersonal Property TaxSummary JudgmentTexas Tax CodeProperty Tax EnforcementBusiness TaxationSubcontractor LiabilityCivil Procedure RulesAppellate Court Brief
References
4
Case No. 10-10-00171-CV
Regular Panel Decision
Mar 14, 2012

Mary Frances Haferkamp v. SSC Waco Greenview Operating Company, LP, Mariner Healthcare Management Company, SSC Pasadena Operating Company, LP, LLC, Savanseniorcare, LLC, Savaseniorcare Administrative Services, LLC

Mary Frances Haferkamp appealed the trial court's summary judgment in favor of SSC Waco Greenview Operating Company LP and other entities. Haferkamp sued for negligence due to an alleged workplace injury, claiming appellees were nonsubscribers to worker’s compensation insurance and failed to provide a safe workplace and adequate tools. Appellees moved for summary judgment, arguing lack of proximate cause and no breach of duty. The appellate court affirmed the summary judgment, finding that Haferkamp's deposition testimony conclusively established that the appellees' alleged negligence was not the proximate cause of her injury, as the patient's sudden act was unpreventable and she would not have used a gait belt even if available.

Negligence ClaimWorkplace InjurySummary Judgment AppealProximate CauseTexas Labor CodeNonsubscriber EmployerEmployer Duty of CareAppellate ReviewDeposition TestimonyGait Belt
References
14
Case No. MISSING
Regular Panel Decision

Primrose Operating Co., Inc. v. Jones

This case involves an appeal from a judgment awarding damages to Walter James Jones III and Jona Jones (collectively, Jones) for injuries sustained in an oilfield accident. The original King County trial court judgment awarded Jones approximately $2.7 million against Primrose Operating Company and Mike Byrd Casing Crews, Inc., finding both negligent. On appeal, Primrose and Palmer Oilfield Construction Company (a co-defendant in the appeal after Byrd settled) raised issues concerning jury misconduct due to a pre-trial mock trial and the failure to establish Primrose's right of control over Palmer. The appellate court found no abuse of discretion in denying the mistrial motion related to jury misconduct. However, the court determined that Jones failed to establish Primrose's duty based on control over Palmer's operations as a matter of law, leading to the reversal of the trial court's judgment. The appellate court rendered judgment that Jones take nothing against Primrose and Palmer, and remanded for further proceedings.

Oilfield AccidentNegligenceJury MisconductMock TrialVoir DireRight of ControlIndependent ContractorPremises LiabilityContract InterpretationFootage Drilling Contract
References
20
Case No. 04-14-00097-CV
Regular Panel Decision
Dec 17, 2014

Luis Alfredo Rosa and Myrna Lizzet Rosa v. Mestena Operating, LLC

The Appellants, Luis Alfredo Rosa and Myrna Lizzet Rosa, seek en banc reconsideration of a prior panel's decision that affirmed a summary judgment in favor of Mestena Operating, LLC. Luis Alfredo Rosa sustained an electrocution injury while repairing an AEP electrical pole on a third party's property, allegedly due to a malfunctioning lightning arrester on Mestena's adjacent mineral lease property. The panel previously applied Chapter 95 of the Texas Civil Practice & Remedies Code, which limits a property owner's liability to independent contractors, finding that the Rosas failed to demonstrate Mestena exercised control over the work or had actual knowledge of the dangerous condition. The Rosas argue that Chapter 95 should not apply because Mestena lacked a direct contractual relationship with Rosa's employer, the work was performed on another's property, and the panel's interpretation imposes an impossible burden while conflicting with established statutory construction rules and other appellate decisions.

Premises LiabilityStatutory ConstructionTexas Civil Practice and Remedies Code Chapter 95Independent Contractor LiabilityProperty Owner LiabilityEn Banc ReconsiderationAppellate ProcedureActual KnowledgeControl over WorkContractual Relationship
References
35
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