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

Case No. 13-09-00213-CV
Regular Panel Decision
Dec 09, 2010

Unique Staff Leasing, LLC and Unique Staff Leasing I, Ltd. v. Richard Onder

This case involves an appeal from a jury verdict in a breach of contract dispute between Unique Staff Leasing, LLC, and Unique Staff Leasing I, Ltd. (Appellants) and Richard Onder (Appellee). The core of the dispute was an 'Independent Contractor and Commission Agreement' and prior oral agreements regarding commission payments. Unique argued that the agreements were unenforceable due to the statute of frauds and that Onder committed a prior material breach. The court rejected Unique's arguments, finding that the written agreement was not subject to the statute of frauds as its terms allowed performance within one year and that the jury's implicit finding of no material breach by Onder was reasonable. The appellate court affirmed the trial court's judgment, as modified, which awarded Onder $52,025.11 in lost commissions and additional attorney's fees.

Breach of ContractStatute of FraudsElectronic AgreementIndependent ContractorCommission AgreementJury VerdictLegal SufficiencyFactual SufficiencyContract InterpretationOral Agreement
References
73
Case No. 01-08-00296-CV; 01-08-00418-CV
Regular Panel Decision
Oct 09, 2008

in Re Texas Best Staff Leasing , Inc. D/B/A Alt-Source

Texas Best Staff Leasing, Inc. d/b/a Alt-Source (Alt-Source) sought relief from the trial court's denial of its motion to compel arbitration through an interlocutory appeal and a petition for writ of mandamus. Alt-Source argued that the trial court abused its discretion in denying the motion to compel. The appellate court determined that the Federal Arbitration Act (FAA) governed the agreement and that Alt-Source had waived its argument under FAA section 5 by failing to present it to the trial court. Additionally, the court found the Texas Arbitration Act (TAA) inapplicable to the case. Consequently, the court dismissed the interlocutory appeal and denied the petition for writ of mandamus, concluding that the trial court did not abuse its discretion.

Arbitration AgreementFederal Arbitration ActTexas Arbitration ActWaiver DoctrineMandamus ReliefInterlocutory AppealJudicial DiscretionContract EnforceabilityAlternate Arbitrator SelectionDispute Resolution System
References
19
Case No. 01-09-00360-CV
Regular Panel Decision
Apr 28, 2011

AMS Construction Company, Inc. D/B/A AMS Staff Leasing (AMS) v. Osman L. Sosa K.H.K. Scaffolding Houston, Inc.

An employer, K.H.K. Scaffolding Houston, Inc., sued its staff leasing company, AMS Construction Company, Inc. d/b/a AMS Staff Leasing, for breaching their agreement to provide workers' compensation insurance for an injured employee. A jury found AMS liable for breach of contract and fraud, leading to a judgment for KHK. AMS appealed, raising issues of subject matter jurisdiction, sufficiency of evidence for breach of contract, waiver defense, and an alleged collusive agreement. The appellate court affirmed the trial court's judgment, determining that the trial court had jurisdiction and that legally sufficient evidence supported the breach of contract finding.

Workers' CompensationBreach of ContractFraudStaff Leasing AgreementEmployee LeasingSubject Matter JurisdictionAppellate ReviewIndemnificationTexas LawJury Verdict
References
29
Case No. 02-10-00438-CV
Regular Panel Decision
Jan 05, 2012

Gerardo DeLeon v. Thos. S. Byrne, Ltd., F/K/A Thos. S. Byrne, Inc. and Unique Staff Leasing I, Ltd., D/B/A Unique Staffing

Appellant Gerardo DeLeon suffered a crushed foot while working on a construction site and sued the general contractor, Thos. S. Byrne, Ltd., and the staff leasing company, Unique Staff Leasing I, Ltd., for negligence. The trial court initially granted summary judgment for both defendants. On appeal, the Court of Appeals for the Second District of Texas affirmed the summary judgment for Byrne regarding negligent hiring, but reversed it on the negligence claim, finding that Byrne retained sufficient contractual control over the subcontractor's work to establish a duty of care. For Unique, the court reversed the summary judgment, concluding that a genuine issue of material fact existed regarding the employment status of Gray, another worker, with Unique. The case was therefore remanded to the trial court for further proceedings consistent with the opinion.

Personal InjurySummary JudgmentNegligenceContractual ControlIndependent ContractorStaff LeasingEmployment LawDuty of CareConstruction AccidentBoom Lift
References
40
Case No. No. 08-13-00348-CV (TC#12-09-802)
Regular Panel Decision
Sep 23, 2015

EXLP Leasing LLC and EES Leasing LLC v. Loving County Appraisal District

This ad-valorem tax case concerns the taxation of natural gas pipeline compressor packages. Appellants, EXLP Leasing LLC and EES Leasing LLC, lease these compressor packages. The trial court initially ruled that the packages qualified as heavy equipment but found the taxable situs in Loving County and deemed the statutory formulas for market value and tax (Texas Tax Code Sections 23.1241 and 23.1242) unconstitutional as applied. On appeal, the Court of Appeals addressed the constitutionality of these statutes and the determination of taxable situs. The appellate court reversed the trial court's finding on constitutionality, holding that the statutes are not unconstitutional as applied, and affirmed the trial court's ruling that the taxable situs was indeed in Loving County.

Ad Valorem TaxHeavy EquipmentTaxation LawMarket Value AssessmentStatutory InterpretationConstitutional LawTaxable SitusTexas Tax CodeAppraisal DistrictProperty Tax
References
16
Case No. M2020-01368-COA-R3-CV
Regular Panel Decision
Oct 28, 2021

All Access Coach Leasing, LLC v. Jeff McCord, Commissioner Of Labor And Workforce Development, State of Tennessee

All Access Coach Leasing, LLC, a tour bus leasing company, appealed an agency's determination, affirmed by the chancery court, that it misclassified its tour bus drivers as independent contractors rather than employees for unemployment tax purposes. The Court of Appeals of Tennessee at Nashville affirmed the trial court's judgment. The court found substantial and material evidence supporting the agency's decision that the drivers were employees under the 'ABC test' of the Tennessee Employment Security Law, specifically failing Part B. This was due to the drivers performing required pre-trip and post-trip duties, such as inspections and cleaning, on the company's premises, which meant their services were not performed 'outside of all' of the taxpayer’s places of business.

Workers' CompensationUnemployment TaxIndependent ContractorEmployee MisclassificationABC TestCommon Law TestJudicial ReviewAdministrative LawDue ProcessStatutory Interpretation
References
46
Case No. 03-97-00349-CV
Regular Panel Decision
Jul 16, 1998

Del Industrial, Inc. v. Texas Workers' Compensation Insurance Fund

This case addresses whether a client company is liable for workers' compensation insurance premiums for employees leased from a staff leasing agency. The appellant, Del Industrial, Inc. (Del), was found liable by the lower court for premiums related to employees leased from Administrative Resources, Ltd., based on the Staff Leasing Services Act, specifically section 91.042(c) of the Texas Labor Code. The appellate court, after reviewing the statutory language and legislative intent, determined that the Act grants the staff leasing company the absolute right to elect whether to obtain coverage. It concluded that the coemployer status between the staff leasing company and client company is limited to the consequences of this election, and the Act does not obligate the client company to provide coverage if the staff leasing company opts against it. Therefore, the court reversed the trial court's judgment and rendered judgment in favor of Del, finding it not liable for the premiums.

Workers' Compensation InsuranceStaff Leasing Services ActEmployer LiabilityInsurance PremiumsStatutory InterpretationCoemployer StatusLeased EmployeesSummary JudgmentAppellate ReviewTexas Labor Code
References
22
Case No. MISSING
Regular Panel Decision

EXLP Leasing, LLC v. Galveston Cent. Appraisal Dist.

The case concerns a dispute between EXLP Leasing, LLC (EXLP) and the Galveston County appraisal district regarding the constitutional validity of a statutory formula for taxing leased natural-gas compressors and the proper taxable situs for this equipment. Galveston County challenged the Texas Tax Code provisions, arguing they undervalued the compressors at a "minute fraction" of their market value, violating constitutional requirements for "equal and uniform" taxation. The Supreme Court of Texas held that the county failed to rebut the strong presumption of constitutionality, clarifying that the legislature is not constitutionally mandated to base property valuation solely on market value. Furthermore, the Court determined that Washington County, where EXLP maintains its inventory and business operations, is the correct taxable situs, establishing a comprehensive statutory scheme that supersedes general situs rules. Consequently, the Supreme Court reversed the court of appeals' judgment and rendered a decision against Galveston County on both issues.

Property TaxTexas Tax CodeConstitutional LawValuation MethodTaxable SitusHeavy EquipmentNatural Gas CompressorsLegislative DiscretionEqual and Uniform TaxationMarket Value
References
60
Case No. MISSING
Regular Panel Decision
Feb 01, 2001

Silva v. Incorporated Village of Hempstead Community Development Agency

Jose Silva, an employee of Mar Jea Equipment, Inc., was allegedly injured during construction work on property owned by the Incorporated Village of Hempstead Community Development Agency. Silva sued the Agency for personal injuries. The Agency, in turn, initiated a third-party action against Mar Jea for indemnification. Mar Jea moved to dismiss this third-party complaint, arguing that the Agency's claim for common-law indemnification was barred by Workers’ Compensation Law § 11. Although the Agency contended it had a claim for contractual indemnification, the subcontract between Mar Jea and the general contractor required written consent from the Agency, which was never obtained. Consequently, the Supreme Court granted Mar Jea's motion to dismiss, a decision that was subsequently affirmed on appeal.

Personal InjuryConstruction AccidentThird-Party ActionIndemnificationContractual IndemnificationCommon-Law IndemnificationSubcontractCondition PrecedentWorkers' Compensation LawSummary Judgment
References
2
Case No. MISSING
Regular Panel Decision

Cruz v. Regent Leasing Ltd. Partnership

Plaintiff Roberto Cruz commenced an action against Regent Leasing Limited Partnership for personal injuries sustained during a slip and fall. Cruz, a superintendent, was an employee of Mid-State Management Corp., hired by Regent Leasing to manage the property. Defendant Regent Leasing moved for summary judgment, arguing that the exclusivity of workers' compensation benefits precluded the action, suggesting plaintiff should be deemed their employee. The court denied the motion, finding no employer-employee or co-employer relationship between Cruz and Regent Leasing. The decision clarified that merely hiring an employer to manage premises does not establish an employer-employee relationship within the Workers’ Compensation Law.

Slip and FallPersonal InjuryWorkers' Compensation LawExclusive RemedySummary JudgmentEmployer-Employee RelationshipCo-EmployerManaging AgentLandowner LiabilityPremises Liability
References
17
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