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

Case No. 13-22-00115-CV
Regular Panel Decision
Nov 09, 2023

Charles DeRouen, Individually and DeRouen Express Services LLC D/B/A JC Express Services v. Eddie Pridgen, Individually and Eddie Pridgen Welding LLC

The appellants, Charles DeRouen (individually) and DeRouen Express Services LLC, appealed a no-answer default judgment in favor of Eddie Pridgen (individually) and Eddie Pridgen Welding LLC. The appellate court vacated the trial court's amended default judgment from April 27, 2022, ruling that the trial court's plenary power had expired. The court reversed and remanded the original January 12, 2022 judgment concerning DeRouen individually due to ineffective substitute service. Furthermore, the claims brought by Pridgen Welding LLC were dismissed for lack of standing. However, the court affirmed the January 12, 2022 judgment against DeRouen Express Services LLC in favor of Pridgen, finding that the entity failed to establish a meritorious defense in its motion for new trial.

Default JudgmentSubstitute ServiceDue ProcessCorporate VeilStandingAppellate ProcedurePlenary PowerMotion for New TrialBreach of ContractContractual Dispute
References
47
Case No. 13-14-00113-CV
Regular Panel Decision
Apr 30, 2015

Texas Health and Human Services Commission and the Texas Department of Aging and Disability Services v. Jose P. Baldonado

The case involves an appeal from the denial of a plea to the jurisdiction by the Texas Health and Human Services Commission (HHSC) and the Texas Department of Aging and Disability Services (DADS). Appellee Jose P. Baldonado sued for age discrimination and retaliation under the Texas Commission on Human Rights Act (TCHRA) after being denied a position by HHSC and subsequently terminated by DADS. Appellants argued a lack of subject matter jurisdiction, asserting Baldonado failed to establish a prima facie case for both claims and did not exhaust administrative remedies against DADS. The Court of Appeals for the Thirteenth District of Texas affirmed the trial court's decision, concluding that Baldonado raised sufficient fact questions regarding his qualifications, the causal link for retaliation, and the exhaustion of administrative remedies. The court highlighted DADS's status as an agency within HHSC and its participation in the administrative complaint process as evidence of proper notice.

Employment DiscriminationAge DiscriminationRetaliationPlea to JurisdictionTCHRAPrima Facie CaseAdministrative RemediesSovereign ImmunityInterlocutory AppealTexas Court of Appeals
References
25
Case No. 11-19-00123-CV
Regular Panel Decision
Apr 08, 2021

Pedro De La Rosa and Angelina De La Rosa v. Basic Energy Services, L.P., by and Through Its General Partner, Basic Energy Services GP, LLC

Pedro and Angelina De La Rosa appealed a trial court's order granting a plea to the jurisdiction filed by Basic Energy Services, L.P. and Basic Energy Services GP, LLC. The De La Rosas alleged intentional injuries to Pedro during a work-related truck accident and subsequent medical interference, plus Angelina's loss of consortium. The Eleventh Court of Appeals determined that the Appellants' claims fell under the intentional-injury exception to the Texas Workers’ Compensation Act, thereby establishing subject-matter jurisdiction. The court also clarified that election of remedies is an affirmative defense, not a jurisdictional bar. Consequently, the appellate court reversed the trial court's order and remanded the case for further proceedings.

Intentional InjuryWorkers Compensation ActSubject Matter JurisdictionPlea to JurisdictionExclusive RemedyElection of RemediesTruck AccidentEmployer LiabilityMedical InterferenceLoss of Consortium
References
33
Case No. 03-10-00709-CV
Regular Panel Decision
Aug 31, 2011

Green Tree Servicing, LLC, as Authorized Servicing Agent for Conseco Finance Servicing Corporation v. Travis County

Green Tree Servicing, LLC appealed a post-answer default judgment concerning ad valorem taxes on mobile homes. The original suit was filed by Travis County and other entities against Conseco Finance Servicing Corporation, later substituted with Green Tree. Green Tree failed to appear at trial, resulting in a default judgment. Green Tree filed a motion for new trial, asserting its failure to appear was due to an accident or mistake (attorney transition) and that it had a meritorious defense, arguing that as a repossessing lienholder and not an owner, it was not liable for the taxes under Texas Tax Code Ann. § 32.07. The appellate court applied the Craddock test and found that Green Tree satisfied all three elements. The court adopted the interpretation that a repossessing lienholder is not considered an 'owner' under the tax code. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial.

Post-answer default judgmentAd valorem taxesMobile homesLienholder liabilityProperty ownershipMeritorious defenseCraddock testNew trialStatutory interpretationTexas Tax Code
References
22
Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. 15-24-00124-CV
Regular Panel Decision
Nov 06, 2024

ETC Field Services, LLC FKA. Regency Field Services, LLC v. Tema Oil and Gas Company

This case involves an appeal by ETC Field Services, LLC, challenging a remand order issued by the Business Court of Texas, Eighth Division. The original dispute, a breach of contract and negligence claim filed in 2017 by Tema Oil and Gas Co., was removed by ETC to the newly established Business Court in September 2024. Tema subsequently sought remand, arguing that the legislative act creating the Business Courts (H.B. 19) only applies to cases commenced on or after September 1, 2024. The Business Court agreed, ordering the case remanded to the 236th District Court of Tarrant County. ETC contends that H.B. 19 is a procedural statute and that its provisions for removal should apply retroactively to existing cases, asserting that the Business Court erred in its statutory interpretation and determination of subject-matter jurisdiction. The Business Court denied Tema's request for sanctions against ETC.

JurisdictionAppellate ReviewStatutory InterpretationBusiness LawRemand OrderTexas CourtsCivil ProcedureRetroactivityContract DisputeOil and Gas Industry
References
50
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

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. 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
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
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