Texas Employee Leasing Case Law
Please find, below, selected case laws decided by Supreme Court of Texas or Court of Appeals of Texas where the terms employee leasing has been mentioned. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Baehler v. Fritz Industries Inc. - 3/24/1999
Amanda Baehler appeals the trial court's award of summary judgment in favor of Fritz Industries on her claim of pregnancy discrimination under the Texas Commission on Human Rights Act (TCHRA), Tex. Lab. Code Ann. § 21.001, et seq....
Wichita County v. Hart - 3/18/1999
This appeal arises out of a whistleblower suit, in which Allen Hart and Ernie Williams sued Wichita County for wrongful termination under the Whistleblower Act. The jury found against Wichita County, and awarded Hart and Williams...
Texas Workers ' Compensation Insurance Fund v. Alcorta - 3/17/1999
REVERSED AND REMANDED
The instant dispute concerns the propriety of an order apportioning attorney's fees out of a workers' compensation subrogation recovery. For the following reasons, we reverse the trial court's order and...
St. Paul Fire and Marine Insurance Co. v. Meador - 3/11/1999
The primary issue in this workers' compensation case is whether timely filing of a petition with the Texas Workers' Compensation Commission is jurisdictional in nature. Because we conclude the filing requirement of section 410.253 of...
Rainbow Group v. Johnson - 3/4/1999
Appellants, Rainbow Group, Ltd. and Alan Sager (collectively, "Rainbow Group"), bring this interlocutory appeal of an order certifying a class, represented by Josephine Johnson and others, of former and current hairstylists employed by...
Galpin v. Zenith Insurance Co. - 2/26/1999
ON COURT'S MOTION
REVERSED AND REMANDED
In light of the Supreme Court's recent decision, Albertson's, Inc. v. Sinclair, No. 98-0945, 1998 WL 47318 (Tex. Feb. 4, 1999), the opinion of this court issued on January 27, 1999 is...
Milligan v. Niebuhr - 2/25/1999
Appellant Gene Milligan sought injunctive and declaratory relief concerning his rights pursuant to an easement burdening land owned by his former spouse, appellee Marilisa Niebuhr. The trial court ruled that the easement was terminated...
Bihonegne v. Chrysler Technologies Airborne Systems Inc. - 2/11/1999
This is a retaliatory discharge case. Appellant Fisseha Bihonegne appeals a take-nothing summary judgment granted for appellee Chrysler Technologies Airborne Systems, Inc. (CTAS). In seven points of error, appellant contends the...
Knox v. Taylor - 2/11/1999
Appellants, John Knox, Jr. and Universal Surety of America, appeal from a judgment in favor of appellees, Stacy Taylor and Standard Managing General Agency, Inc., for libel and tortious interference with a contract. In this appeal,...
Gonzales v. Willis - 2/10/1999
Concurring opinion by: Karen Angelini, Justice, joined by Sarah B. Duncan, Justice
REVERSED AND RENDERED IN PART; REVERSED AND REMANDED IN PART
Olga Willis sued James Gonzales and his employer, Tom Benson Chevrolet Company,...
Albertson's Inc. v. Sinclair - 2/4/1999
On Petition for Review from the Court of Appeals for the Sixth District of Texas
We consider three issues in this petition for review: (1) when is a party, who seeks judicial review of a Texas Workers' Compensation Commission...
Ector County Independent School District v. Adkins - 2/4/1999
On Petition for Review from the Court of Appeals for the Eighth District of Texas
In this case, the court of appeals held that the mailbox rule, Texas Rule of Civil Procedure 5, applies to Texas Labor Code section 410.253 filings...
Benavidez v. Travelers Indemnity Co. - 2/4/1999
On Petition for Review from the Court of Appeals for the Third District of Texas
This case presents two issues: (1) when is a party, who seeks judicial review of a Texas Workers' Compensation Commission Appeals Panel decision,...
Gulf Shores Council of Co-Owners Inc. v. Raul Cantu No. 3 Family Limited Partnership - 1/28/1999
Petition for review denied October 21, 1999.
GULF SHORES COUNCIL OF CO-OWNERS, INC., DONALD R. COMUZZI, AND MARJORIE C. PETERSON, APPELLANTS, v. THE RAUL CANTU NO. 3 FAMILY LIMITED PARTNERSHIP, APPELLEE.
Before Chief...
Bomer v. Dallas County Historical Foundation - 1/28/1999
John D. Bomer appeals from a summary judgment granted in favor of the Dallas County Historical Foundation (DCHF) on Bomer's claims of retaliatory discharge. In three points of error, Bomer argues that the trial court erred in...
Powell Industries Inc. v. Allen - 12/31/1998
On Petition for Review from the Court of Appeals for the Seventh District of Texas
This case involves an agent's alleged tortious interference with his principal's contract. Corbett Allen sued Thomas Powell for tortious...
Gonzalez v. Texas Parks and Wildlife Department - 12/30/1998
REVERSED AND REMANDED
Rogelio A. Gonzalez appeals the trial court's dismissal of his case for want of jurisdiction on the ground that state-agency immunity has been waived for purposes of anti-retaliation claims. We agree and...
Honhorst v. University of North Texas - 12/28/1998
Introduction
Appellant Van Honhorst appeals the summary judgment granted in favor of appellees, the University of North Texas (the University) and Imogene Walden (Walden) on his wrongful termination suit. In two points,...
Gilmartin v. KVTV-Channel 13 - 12/23/1998
AFFIRMED
Robert Gilmartin challenges the granting of a motion for summary judgment. Gilmartin filed causes of action for breach of contract, wrongful termination, breach of promise of job security, intentional infliction of...
Montemayor v. City of San Antonio Fire Department - 12/23/1998
Dissenting opinion by: Alma L. López, Justice
AFFIRMED
This appeal questions whether a fire chief has absolute discretion to terminate a probationary fire fighter. We affirm the trial court's judgment, which holds the fire...
In re i2 Technologies - 12/22/1998
Relator asserts the trial court abused its discretion in ordering relator to produce documents "reflecting names, titles, salary, bonus, and stock option information" of all employees, current and former, of the company since January...
Davis v. Livingston Independent School District - 12/10/1998
Appellant Patricia Davis (Davis) appeals from the trial court's order which granted appellee's motion for sanctions, struck her pleadings, and entered judgment against her.
PROCEDURAL HISTORY
Appellee Livingston...
Oten v. Greyhound Lines - 12/10/1998
Keith Wayne Oten appeals a summary judgment rendered against him on his claim that appellee Greyhound Lines, Inc. discriminated against him because he filed a workers' compensation claim. See Tex. Lab. Code Ann. § 451.001 (Vernon...
In re 5 BYRD Enterprises - 12/10/1998
This is a mandamus case involving discovery issues. In early 1997, Beth Bowen, then sixteen years of age, was employed at an El Chico Restaurant owned and operated by 5 Byrd Enterprises, Inc. (5 Byrd). Ms. Bowen alleged that Walter...
State v. Sledge - 12/10/1998
The State of Texas appeals from a default judgment in a cross-action severed from a statutory condemnation case. The State raises twelve points of error. We reverse and remand.
Factual and Procedural Background
The State...
Chapa v. Koch Refining Co. - 12/3/1998
Appellant, Juan Chapa, sustained an on-the-job injury while working on Koch Refining Company's ("Koch") premises. He and his wife, Adelina, sued appellees, Koch, H & S Constructors, Inc. ("H & S"), and Stafftek, Inc., for...
Bennett v. Cash America International - 12/3/1998
Janola Bennett appeals the trial court's dismissal of her suit for lack of subject matter jurisdiction. We reverse and remand.
STATEMENT OF FACTS
The dispositive facts in this case are undisputed. In June of 1996, Janola...
St. Paul Insurance Co. v. Mefford - 11/30/1998
On November 4, 1998, this Court notified the parties that this Court lacked jurisdiction over this appeal because the trial court's judgment did not appear to be final due to an outstanding claim for attorney's fees. This Court...
Texas Department of Public Safety v. Moore - 11/30/1998
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT NO. 95-00349, HONORABLE PAUL R. DAVIS, JR., JUDGE PRESIDING
Appellant, the Texas Department of Public Safety (the "Department"), failed to recommend appellee...
Essenburg v. Dallas County - 9/24/1998
On Petition for Review from the Court of Appeals for the Fifth District of Texas
Justice Baker and Justice Hankinson did not participate in the decision.
The issue in this case is whether section 81.041 of the Texas Local...
Wal-Mart Stores - 9/24/1998
Petition for review denied October 21, 1999.
WAL-MART STORES, INC., APPELLANT v. WENDY DAVIS, APPELLEE
Before Chief Justice Carroll, Justices Jones and Kidd; Chief Justice
The opinion of the court was delivered...
Exxon Corporation v. Garza - 9/23/1998
From the 229th Judicial District Court of Duval County, Texas
Trial Court No. 15,568
Honorable Ricardo H. Garcia, Judge Presiding
REVERSED AND RENDERED
Omar Garza sued Exxon Corporation for injuries he sustained...
Kahn v. Seely - 9/23/1998
From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 94-CI-9495 Honorable David Peeples, Judge Presiding
AFFIRMED IN PART; REVERSED AND REMANDED IN PART; REVERSED AND RENDERED IN PART
Two former law...
EXXON Corp. v. Garza - 9/23/1998
From the 229th Judicial District Court of Duval County, Texas Trial Court No. 15,568 Honorable Ricardo H. Garcia, Judge Presiding
REVERSED AND RENDERED
Omar Garza sued Exxon Corporation for injuries he sustained on one of...
Hygeia Dairy Co. v. Gonzalez - 9/23/1998
From the 79th Judicial District Court of Jim Wells County, Texas Trial Court No. 94-06-32742 Honorable Walter Dunham, Jr., Judge Presiding
Dissenting opinion by: Phil Hardberger, Chief Justice
REVERSED and REMANDED
In...
Jackson v. Golden Eagle Archery Inc. - 9/17/1998
On Appeal from the 136th Judicial District Court Jefferson County, Texas Trial Cause No. D-145,418
This appeal involves a personal injury suit. Ronald Jackson sustained injuries as a result of a bow accident occurring on October...
Texas General Indemnity Co. v. Eisler - 9/17/1998
On Appeal from the 122nd District Court Galveston County, Texas Trial Court Cause No. 94-CV-0977
Appellee Eisler filed a workers' compensation claim alleging that he suffered from a work-related hearing loss from his employment...
Rubalcaba v. Kaestner - 9/17/1998
On Appeal from the 269th District Court Harris County, Texas Trial Court Cause No. 93-65052
This is an appeal from take-nothing summary judgments rendered in favor of appellees, Gottfried Kaestner, Walter R. Sassard, Brodsky,...
Lott v. Bexar County Sheriff's Department - 9/16/1998
From the 225th Judicial District Court, Bexar County, Texas Trial Court No. 95-CI-17758 Honorable Henry Schuble, Judge Presiding
Opinion by: Sarah B. Duncan, Justice
AFFIRMED
Colon Lott, Jr., a Bexar County Deputy...
American Express Tax & Business Services Inc. v. Texas State Board of Public Accountancy - 9/11/1998
The opinion and judgment filed herein on May 29, 1998, are withdrawn, and the following opinion is issued in lieu of the earlier one.
Appellee Texas State Board of Public Accountancy ("the Board") filed suit against appellant...
Miksch v. Exxon Corporation - 9/10/1998
OPINION
This is a wrongful termination case in which Emily Catherine Miksch sued Exxon Corporation d/b/a Exxon Company U.S.A. ("Exxon") for allegedly firing her in violation of the parties' oral employment agreement. The trial...
Miksch v. EXXON Corp. - 9/10/1998
On Appeal from the 125th District Court Harris County, Texas Trial Court Cause No. 95-28499
This is a wrongful termination case in which Emily Catherine Miksch sued Exxon Corporation d/b/a Exxon Company U.S.A. ("Exxon") for...
Garza v. Doctors on Wilcrest - 9/10/1998
On Appeal from the 164th District Court Harris County, Texas Trial Court Cause No. 94-37171
This is an appeal of a judgment rendered in favor of Doctors on Wilcrest, P.A., Duncan G. Bowell, M.D. and Alan Reichman, M.D....
Simmons v. Williams - 9/10/1998
On Appeal from the 149th District Court Brazoria County, Texas Trial Court Cause No. 96I0977
Alton Simmons, an inmate at the Texas Department of Criminal Justice, Institutional Division ("TDCJ"), appeals the trial court's...
Baker v. Sensitive Care-Lexington Place Health Care Inc. - 9/10/1998
On Appeal from the 61st District Court Harris County, Texas Trial Court Cause No. 95-23912
The appellant, Carrie M. Baker, appeals a judgment in her favor. In her sole point of error, Baker argues the court clearly erred by...
City of Fort Worth v. Zimlich - 8/31/1998
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT NO. 94-08668, HONORABLE MARY PEARL WILLIAMS, JUDGE PRESIDING
Julius D. Zimlich sued the City of Fort Worth (the "City"), his employer, alleging retaliatory...
Demunbrun v. Gray - 8/28/1998
Appeal from the County Court at Law No. Two of El Paso County, Texas
(TC # 95-12985)
This is an appeal from a summary judgment in favor of the defendants on the plaintiff's wrongful termination suit. We reverse the judgment...
Herrera v. Wembley Investment Co. - 8/28/1998
REVERSE and REMAND
On Appeal from the 101st Judicial District Court, Dallas County, Texas, Trial Court Cause No. 94-11057-E
Justice Wright
Rosaura Herrera appeals the summary judgment setting aside the default...
Stokes v. Puckett - 8/27/1998
On Appeal from the 253rd District Court Liberty County, Texas Trial Cause No. 50,785
Lauri Puckett, DeAnn Carlton and Cheryl Shirley (appellees) brought suit against Dr. George N. Stokes for assault and intentional infliction of...
Leventhal v. Reeves - 8/27/1998
Reversed and Rendered and Majority and Dissenting Opinions filed August 27, 1998.
On Appeal from the 333rd District Court Harris County, Texas Trial Court Cause No. 94-61429
MAJORITY
The issue raised by this appeal is...
Texas Workers ' Compensation Insurance Fund v. Simon - 8/26/1998
From the 79th Judicial District Court, Jim Wells County, Texas
Trial Court No. 95-12-34249
Honorable Terry Canales, Judge Presiding
Opinion on Appellant`s Motion for Rehearing
AFFIRM IN PART, REVERSE IN PART,...
Banfield v. Laidlaw Waste Systems - 8/24/1998
Affirmed and
On Appeal from the 298th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 94-3601-M
Benjamin Allen Banfield and Robert Lindsey appeal the trial court's summary judgment in favor of Laidlaw...
Texas Workers ' Compensation Insurance Fund v. Ashy - 8/13/1998
On Appeal from the 2nd-9th District Court Montgomery County, Texas Trial Cause No. 95-08-02681-CV
This is an appeal from a judgment rendered in a suit for judicial review of a decision of the Texas Workers' Compensation...
National Liability and Fire Insurance Co. v. Allen - 8/13/1998
On Appeal from the 159th District Court Angelina County, Texas Trial Cause No. 26,896-93-06
National Liability and Fire Insurance Company ("National Liability") and the Texas Workers' Compensation Commission ("Commission") as...
Williams v. Sadler Development Corp. - 8/13/1998
On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 95-03-00884
Cynthia Jean Williams filed this appeal after summary judgment was granted by the trial court in favor of Sadler Development...
Lueg v. Lueg - 8/13/1998
On appeal from the 206th District Court of Hidalgo County, Texas.
Opinion by Justice Yañez
Betty Sue Fenton Lueg appeals a final decree of divorce. By five points of error, she complains of the denial of her motion to...
Chevron U.S.A. Inc. v. CIGNA Insurance Co. - 8/13/1998
On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-153,906
This is a summary judgment case involving issues of contract law where neither appellant, Chevron U.S.A, Inc. (Chevron), nor appellee,...
Welch v. Doss Aviation Inc. - 8/12/1998
This is an appeal from a summary judgment rendered in favor of the appellees, Doss Aviation, Inc. (Doss) and Harold Krimsky (Krimsky). Douglas Welch, appellant, filed a wrongful termination action and a slander action against his...
Russell v. Panhandle Producing Co. - 8/10/1998
FROM THE 108TH DISTRICT COURT OF POTTER COUNTY;
NO. 77,201-E; HONORABLE ABE LOPEZ, JUDGE
This is an appeal from a take nothing summary judgment. Appellants are nineteen working interest owners of an oil and gas lease in...
Morales v. Texas Workers ' Compensation Insurance Facility - 8/5/1998
From the Probate Court Number 2, Bexar County, Texas
Trial Court No. 92-PC-0902
Honorable Sandee Bryan Marion, Judge Presiding
Opinion on Motion for Rehearing
AFFIRMED
We grant Joe Garcia Morales' motion...
Serrano v. Planet Insurance Co. - 8/5/1998
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 95-CI-04816
Honorable Martha Tanner, Judge Presiding
AFFIRMED
Factual and Procedural Background
Manuel Serrano filed a workers'...
Alfred v. Digital Equipment Corp. - 7/30/1998
Vacated and Remanded and Opinion Issued
Justice Whittington
Moses Joseph Alfred appeals the trial court's order dismissing his wrongful termination suit against Digital Equipment Corporation for want of prosecution. In two...
Memorial Medical Center of East Texas v. Howard - 7/30/1998
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT NO. 93-15520, HONORABLE DON B. MORGAN, JUDGE PRESIDING
Appellant, Memorial Medical Center of East Texas ("Memorial"), appeals the summary judgment in favor of...
Young Chevrolet Inc. v. Texas Motor Vehicle Board - 7/30/1998
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT NO. 94-15328, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING
Appellant Young Chevrolet, Inc. ("Young") appeals the district court's judgment affirming a final order...
Byrd v. Central Freight Lines Inc. - 6/30/1998
FROM THE 237TH JUDICIAL DISTRICT COURT OF LUBBOCK COUNTY; NO. 94-546,654; HONORABLE JOHN R. McFALL, JUDGE
Stephen Bradley Byrd (Byrd), appellant, challenges a take nothing judgment rendered for him in his personal injury suit...
City of Dallas v. King - 6/26/1998
On Appeal from the 298th District CourtDallas County, Texas, Trial Court Cause No. 93-01946-M
This is an appeal of a summary judgment. In a single point of error, City of Dallas (the City) contends the trial court erred in...
In re Baptist Health System - 6/24/1998
Original Proceeding from the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 97-CI-02507
Honorable David A. Berchelmann, Jr. , Judge Presiding
PETITION FOR WRIT OF MANDAMUS DENIED
Baptist...
Lumbermens Mutual Casualty Co. v. Manasco - 6/23/1998
On Petition for Review from the Court of Appeals for the Ninth District of Texas
Argued on March 31, 1998
Justice Abbott delivered the opinion of the Court, in which Chief justice Phillips, Justice Gonzalez, Justice Hecht,...
Patterson v. Planned Parenthood of Houston - 6/23/1998
On Direct Appeal from the 250th Judicial District Court of Travis County, Texas
Argued on February 4, 1998
Justice Hankinson delivered the opinion of the Court, in which Chief Justice Phillips, Justice Hecht, Justice Enoch,...
Franklin v. Lumbermens Mutual Casualty Co. - 6/17/1998
On Appeal from the 192nd Judicial District Court, Dallas County, Texas, Trial Court Cause No. 95-05577-K
Carolyn Franklin appeals from a summary judgment granted in favor of Lumbermens Mutual Casualty Company ("Lumbermens") and...
Proctor v. Andrews - 6/5/1998
On Application for Writ of Error to the Court of Appeals for the Seventh District of Texas
Argued on April 1, 1998
Chief Justice Phillips delivered the opinion for a unanimous Court.
We must determine whether section...
Southwestern Bell Mobile Systems Inc. v. Franco - 6/5/1998
On Petition for Review from the Court of Appeals for the Thirteenth District of Texas
Is wrongful termination of employment so extreme and outrageous that, without more, it will support a jury finding of intentional infliction of...
Piatt v. Welch - 6/4/1998
Leroy H. Piatt, Jr. appeals from a take-nothing judgment entered in favor of Michael Martin Welch and The Salvation Army following a jury trial. In two points of error, Piatt challenges the legal and factual sufficiency of the evidence...
Haliburton v. City of San Antonio - 6/3/1998
From the 224th Judicial District Court, Bexar County, Texas
Trial Court Nos. 96-16905 , 96-CI-16906, 96-CI-16907
Honorable John Specia, Judge Presiding
Opinion by: Phil Hardberger, Chief Justice
REVERSED AND...
Texas Workers ' Compensation Insurance Fund v. Simon - 6/3/1998
From the 79th Judicial District Court, Jim Wells County, Texas
Trial Court No. 95-12-34249
Honorable Terry Canales, Judge Presiding
AFFIRM IN PART, REVERSE IN PART, AND REMAND
introduction
The Texas...
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