CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

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. 07-08-0160-CV
Regular Panel Decision
Jul 09, 2009

Charlotte Welch, Individually and as Representative of the Estate of L v. Welch v. Hurd Oil Field Services, Inc.

Charlotte Welch, individually and as representative of the Estate of L.V. Welch, appeals a summary judgment entered in favor of Hurd Oil Field Service, Inc. The wrongful death suit alleged negligence, claiming Hurd's employee, Robert Browning, owed a duty of care to L.V. Welch, an inexperienced worker, and breached it, leading to L.V.'s death by heat exhaustion. The court reviewed the trial court's summary judgment de novo, focusing on whether Browning owed an assumed or other duty of care to L.V. Welch. The appellate court found that Browning did not assume such a duty, as his actions were limited to observing and reporting, not intervening, and that Texas law generally imposes no 'good Samaritan' duty. Consequently, the trial court's judgment was affirmed.

Wrongful DeathSummary JudgmentNegligence ClaimDuty of CareAssumed DutyGood Samaritan RuleHeat ExhaustionOil Field ServicesInexperienced WorkerCrane Operator
References
23
Case No. 06-15-00049-CV
Regular Panel Decision
Oct 13, 2015

Cristina Marente, Individually and as Representative of the Estate of Christian Marente v. Eunice Asah and Epic Health Services, Inc.

This is a health care liability claim asserting nursing negligence against Eunice Asah, R.N., and her employer, Epic Health Services, Inc. The case originates from the alleged negligent removal and inability to re-insert a tracheostomy tube for Christian Marente, a seventeen-year-old with Jeune syndrome. The District Court granted the defendants' motions to dismiss after objections to the plaintiff's expert reports by Nurse Patti Bingham and Dr. Charles Marable. Appellants contend that their expert reports fulfill the requirements of Tex. Civ. Prac. & Rem. §74.351(r)(6) by detailing the standard of care, breach, and causation of Christian's injuries. They also argue that no expert report was necessary for their vicarious liability claims against Epic Health Services, Inc., and seek to reverse the dismissal.

Nursing NegligenceMedical MalpracticeExpert Witness QualificationsTracheostomy CareVicarious LiabilityMotion to DismissAppellate ReviewStandard of CareCausationHealth Care Liability Claim
References
12
Case No. 14-22-00803-CV
Regular Panel Decision
May 30, 2024

Ashley Nicole Schneider, Individually, and as Representative of the Estate of Justine James Schneider, and as Next Friend of Rebecca Lynn Mignon Schneider, Emily Nicole Dean Schneider, and Clara Jean Rose Schneider, All Minor Children v. Quintana Energy Services, LLC F/K/A Quintana Energy Services, LP Quintana Energy Services Inc. And Qes Pressure Control, LLC

Ashley Nicole Schneider appealed a summary judgment dismissing her claims in a workers' compensation death case. Her husband, Justin Schneider, died in Oklahoma in a commercial crane truck accident while employed by QESPC. Ashley, who received workers' compensation benefits, sued QESPC, QES Inc., and QES LLC in Texas for negligence, gross negligence, and intentional tort, alleging improper tire maintenance. The defendants successfully argued that Oklahoma's Administrative Workers' Compensation Act provided an exclusive remedy, with the trial court dismissing all claims. The appellate court affirmed, finding Ashley failed to prove QESPC had 'subjective appreciation' or 'substantial certainty' of injury for the intentional tort exception, and extended this reasoning to the other defendants.

Intentional Tort ExceptionSummary Judgment AppealExclusive Remedy DefenseOccupational FatalityCommercial Vehicle AccidentTire MaintenanceEmployer NegligenceOklahoma Workers' Compensation ActTexas Appellate ProcedureChoice of Law Conflict
References
35
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. 15-25-00012-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
Showing 1-10 of 10,080 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational