Texas Workers’ Compensation

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10th COA – Waco
October 14, 2020

The Tenth Court of Appeals (Waco) reversed the lower court's decision because Appellee failed to established, by clear and specific evidence, all the essential elements of his workers’-compensation-retaliation claim.

October 9, 2020

The Fifth Court of Appeals (Dallas) compared Civ. Prac. § 134.005(b) to Tex. Lab. Code § 408.221(c) for the purpose of determining attorney's fees.

2nd COA – Fort Worth
October 8, 2020

The Second Court of Appeals (Ft. Worth) found that receipt of workers’ compensation by the Defendant went “directly to the actual extent of his injuries and his motive for his testimony.”

October 2, 2020

The Fifth Court of Appeals (Dallas) determined that there was no evidence that Texas Mutual waived its subrogation rights.

October 1, 2020

The Eleventh Court of Appeals (Eastland) found that summary judgment was appropriate where the beneficiary did not meet her burden to present more than a scintilla of evidence regarding course and scope, which an essential element of the case.

October 1, 2020

The Sixth Court of Appeals (Texarkana) found the lower court's order denying petition for intervention was issued at a time when the trial court no longer had plenary power over its judgment. As such, the cause was expired and the order was a nullity.

September 30, 2020

Court of Appeals of Texas, Dallas. MARBLE RIDGE CAPITAL LP and MARBLE RIDGE MASTER FUND LP, Appellants v. NEIMAN MARCUS GROUP, INC., MARIPOSA INTERMEDIATE HOLDINGS LLC, NEIMAN MARCUS GROUP LTD LLC, THE NEIMAN MARCUS GROUP LLC, AND NMG INTERNATIONAL LLC, Appellees No. 05-19-00443-CV | Opinion Filed September 30, 2020 On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-18371 On Appeal from the 116th Judicial District Court, Dallas County,...

September 15, 2020

Court of Appeals of Texas, Dallas. ACE AMERICAN INSURANCE COMPANY, Appellant v. Clayton D. ELMER, Appellee No. 05-19-00386-CV | Opinion Filed September 15, 2020 On Appeal from the 14th Judicial District Court, Dallas County, Texas, Trial Court Cause No. DC-17-06888 Attorneys and Law Firms Kay E. Goggin, for Appellee. Darryl J. Silvera, Jace Powell, for Appellant. Before Chief Justice Burns, Justice Molberg, and Justice Carlyle MEMORANDUM OPINION Opinion by Justice Molberg *1 Ace American Insurance...

9th COA – Beaumont
September 3, 2020

Court of Appeals of Texas, Beaumont. In the INTEREST OF C.E.A.Q. NO. 09-19-00037-CV | Submitted on March 20, 2020 | Opinion Delivered September 3, 2020 Attorneys & Firms Kara Coursey, pro se. Robert Hall, Burnet, Deterrean Gamble, Austin, for Appellee. Michael Timothy Quinn, pro se. Before McKeithen, C.J., Kreger and Johnson, JJ. MEMORANDUM OPINION STEVE McKEITHEN, Chief Justice *1 Pro se appellant M.T.Q. appeals from the trial court’s order modifying the terms of his child...

August 27, 2020

Court of Appeals of Texas, Corpus Christi-Edinburg. LA JOYA INDEPENDENT SCHOOL DISTRICT, Appellant, v. Miguel VASQUEZ, Individually and Mayra Vasquez, Appellees. NUMBER 13-19-00331-CV | Delivered and filed August 27, 2020 Attorneys & Firms Edward L. Ciccone, Zachary Zapata, Weslaco, for Appellees. Guillermo Tijerina Jr., Nicholas Denzer, Edinburg, for Appellant. Before Chief Justice Contreras and Justices Benavides and Longoria MEMORANDUM OPINION Memorandum Opinion by Chief Justice Contreras *1 Appellant La Joya Independent School District (La Joya...

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