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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[W] Walters v. Columbia/St. David's Healthcare System - 3/17/2005
Appellant Britton Cherish Walters brought suit against St. David's Healthcare System, L.P., Dr. Steven Todd Cole, Dr. Louis J. Lux, and the Hospital Internists of Austin, P.A. Walters, a registered nurse, alleged a violation of the...
El Paso Healthcare System - 3/17/2005
This is an appeal from a jury verdict in a case arising under the Texas Commission on Human Rights Act ("TCHRA") claiming damages based upon allegations of age discrimination. The jury awarded $85,952 in back pay, $21,536 for loss of...
Patino v. Complete Tire - 3/10/2005
In two issues, Reynaldo C. Patino challenges the summary judgment and discovery sanctions granted in favor of Complete Tire, Inc. For the reasons below, we resolve Patino's two issues against him and affirm the trial court's summary...
Bennett v. Security Insurance Co. of Hartford - 3/9/2005
Mark and Monica Bennett appeal the jury's take-nothing verdict in favor of Security Insurance Company of Hartford (SIC). In two issues, the Bennetts contend the trial judge erred in submitting the wrong issues in the jury charge. We...
Mancera v. City of Laredo - 3/9/2005
AFFIRMED
Alfonso Mancera appeals the no evidence and traditional summary judgments granted in favor of the City of Laredo and fire chief, Luis F. Sosa. Mancera, a former cadet with the City of Laredo Fire Department, sued the...
Warren v. KPH-Consolidation - 3/3/2005
Ray Warren, M.D. and Texas Medical Images, Inc. (Warren) appeal from the trial court's order granting the motion for summary judgment of KPH-Consolidation, Inc. d/b/a Columbia Kingwood Medical Center (Kingwood). We affirm.
On...
Torrez v. Sanders - 3/2/2005
AFFIRMED
The trial court granted a directed verdict in favor of Devin M. Sanders and Samuel Sanders in a negligence action arising from an automobile accident. After evidence of workers' compensation benefits paid to Helidoro...
Creditwatch - 2/25/2005
ON PETITION FOR REVIEW FROM THE COURT OF APPEALS FOR THE SECOND DISTRICT OF TEXAS
Argued October 19, 2004
For the tenth time in little more than six years, we must reverse an intentional infliction of emotional distress...
Johnson v. Minyard Food Stores - 2/25/2005
Linda Johnson appeals a summary judgment granted in favor of her former employer, Minyard Food Stores, Inc. In eight points of error, Johnson contends the trial judge erred in granting Minyard summary judgment because fact issues...
Islas v. Central Ready Mix Concrete - 2/24/2005
Appellant, Luciano Islas, sued appellee, Central Ready Mix Concrete Company, and others for injuries and damages he suffered while exiting the drum of a cement truck. The jury rendered a verdict in favor of Islas and found twenty...
Walston v. Lockhart - 2/23/2005
Sue Walston, appearing pro se, filed a bill of review concerning a 1994 judgment to partition her former home, seeking the return of her property. The trial court dismissed her case with prejudice and enjoined her from filing another...
Williams v. McGuire Industries - 2/17/2005
Raymond L. Williams filed this personal injury action, based in negligence, against McGuire Industries, Inc. McGuire filed a motion for summary judgment contending that Williams was its borrowed employee at the time of the accident...
Travelers Indemnity Co. of Rhode Island v. Starkey - 2/17/2005
The Travelers Indemnity Company of Rhode Island (Now The Travelers Indemnity Company of Connecticut) appeals the trial court's judgment awarding death benefits to Lynn Edward Starkey and Hazel Dean Starkey under the now-repealed...
State v. New - 2/17/2005
The State of Texas, Appellant, appeals the trial court's judgment holding that as a matter of law Appellee Alton G. New's retirement benefits received are not post-injury earnings (PIE). Because we also hold that as a matter of law...
Stewart v. Sanmina Texas L.P. - 2/14/2005
In three issues, DeWayne Stewart appeals the trial court's grant of summary judgment in favor of Sanmina Texas L.P., Sanmina-SCI Corporation and John R. Sitton on Stewart's claims for age discrimination and retaliation in violation...
In re State - 2/14/2005
The State of Texas filed a petition for a writ of mandamus with this Court contending that the district court issued a void order assessing attorneys' fees in a case after this Court's mandate had issued. Because we hold that the...
In re Marriage of Gonzalez - 2/14/2005
Eusebio Ramirez Gonzalez brings this appeal from a default decree of divorce terminating his marriage to appellee Mary Becky Gonzalez and dividing the community estate. He challenges the trial court's division of property and denial...
Order List - 2/11/2005
ORDERS ON CAUSES
From Anderson County; 12th district (12-01-00258-CV, ___ SW3d ___, 04-16-03).
The Court reverses the court of appeals' judgment and remands the case to that court. Justice O'Neill delivered the opinion of...
American Home Assurance Co. v. Hemperley - 2/11/2005
This is an appeal by American Home Assurance Company (AHAC) from a summary judgment. Appellee, Tiffany Hemperley, asks this Court to dismiss the appeal for want of jurisdiction because the summary judgment does not dispose of all the...
In re Mission Petroleum Carriers - 2/11/2005
Mission Petroleum Carriers, Inc. ("Mission") transports various chemical and petroleum products across state lines. Linda Garcia, who worked for Mission as a truck driver, was injured in a vehicular accident in the course of her...
Higgs v. Trammell Crow Co. - 2/10/2005
In this employment retaliation case, Dwight Higgs appeals the summary judgment in favor of his former employer, Trammell Crow Company. In two issues, Higgs contends appellee was not entitled to judgment as a matter of law. Because...
Parker v. J.C. Penney Co. - 2/10/2005
Sandra Parker appeals the summary judgment granted in favor of J.C. Penney Company in this employment discrimination suit. In two points of error, Parker generally contends the trial court erred by granting summary judgment because...
Reddell v. State - 2/9/2005
Appellant Shaun Justin Reddell appeals from the trial court's judgment that revoked his community supervision, adjudicated his guilt and sentenced him to twenty years' confinement in the Texas Department of Criminal Justice,...
Skilled Craftsmen of Texas - 2/3/2005
The issue in this case is whether portions of the Texas Hazardous Employer Program (the Program) that call for the designation of hazardous private employers are preempted by the federal Occupational Safety and Health Act (OSH Act)....
Superior Snubbing Services - 2/3/2005
I. Introduction
Superior Snubbing Services, Inc. ("Superior") appeals from the trial court's grant of a summary judgment in favor of Energy Service Company of Bowie, Inc. ("Energy"). We will reverse and remand.
II....
Ramirez v. County of Live Oak - 1/27/2005
Appellant, Justa Ramirez, individually and as next friend of her son, Joe Ruben Perez ("Perez"), sued appellees, the County of Live Oak ("the County"), the City of George West ("the City"), and the George West Volunteer Fire...
Allen v. Connolly - 1/27/2005
In this summary-judgment case we address whether there was a foreseeable risk of harm giving rise to a duty by an employer to protect employees from the criminal acts of third parties. The employee, appellant/plaintiff Tracy Dawn...
Scenic Mountain Medical Center v. Castillo - 1/27/2005
This is an appeal from the granting of a default judgment against Appellant, Scenic Mountain Medical Center, a/k/a Big Spring Hospital Corporation. For the reasons stated, we affirm the judgment of the trial court.
I....
Establishment of Religion Devotion Christian Ministries Non Denomination Community of Jesus Christ v. County of Atascosa - 1/26/2005
AFFIRMED
This is an appeal of the trial court's granting of defendants' pleas to the jurisdiction and summary judgment. Finding no error, we affirm.
Discussion
Robert Votion, appearing pro se and on behalf of all...
Southwestern Bell Telephone Co. - 1/26/2005
AFFIRMED
In Continental Casualty Co. v. Downs, the supreme court interpreted the provisions of the Texas Workers' Compensation Act governing when a workers' compensation carrier must notify a claimant that the carrier is...
Adams v. First National Bank of Bells - 1/25/2005
NUNC PRO TUNC
OPINION NUNC PRO TUNC
On the court's own motion, we issue this nunc pro tunc opinion to correct a clerical error in our January 18, 2005 opinion. We vacate our previous opinion. This is now the opinion of the...
Diamond Shamrock Refining Co. - 1/21/2005
Argued October 1, 2003
JUSTICE GREEN did not participate in the decision.
Charles Hall died of burns he suffered in a refinery explosion. His wife sued his employer, Diamond Shamrock Refining Co., L.P., a self-insured...
Texas Mutual Insurance Co. v. Eckerd Corp. - 1/21/2005
This case involves cross appeals by the plaintiffs and defendants below. Both hinge on whether an insurance company, when it alleges that a health care provider has overcharged it for prescription drugs dispensed under the Texas...
Jones v. American Flood Research - 1/20/2005
This is an appeal of a discovery sanction entered against attorney Harry Jones. Jones represented three former employees ("the employees") of American Flood Research, Inc. in a trade secret and employment discrimination dispute with...
United States Automobile Association v. Brite - 1/19/2005
Dissenting opinion by: Sarah B. Duncan, Justice
AFFIRMED
United Services Automobile Association ("USAA") appeals the trial court's judgment awarding damages to James Steven Brite in an employment discrimination lawsuit....
State Office of Risk Management v. Jurode - 1/13/2005
On April 17, 2002, appellant, State Office of Risk Management ("SORM"), filed a subrogation action against appellee, Eva Jurode, as a result of an automobile accident occurring on May 8, 2000. The trial court granted Jurode's motion...
American Home Assurance Co. v. Green - 1/6/2005
Appellee Steven H. Green filed a claim for workers' compensation benefits for an occupational disease, bilateral carpal tunnel syndrome, that he sustained as a baggage handler for American Airlines. Appellant American Home Assurance...
Texas Mutual Insurance Co. v. Surety Bank - 1/6/2005
I. Introduction
In this accelerated, interlocutory appeal, Appellant Texas Mutual Insurance Company ("Texas Mutual") challenges a single provision in a temporary injunction obtained by Appellee Surety Bank, N.A., individually...
Southwestern Bell Telephone Co. v. Garza - 12/31/2004
Argued October 15, 2003
JUSTICE HECHT delivered the opinion of the Court, in which CHIEF JUSTICE JEFFERSON, JUSTICE OWEN, JUSTICE SMITH, JUSTICE WAINWRIGHT, JUSTICE BRISTER, and JUSTICE MEDINA joined.
JUSTICE O'NEILL filed...
Haggar Apparel Co. v. Leal - 12/31/2004
Section 21.051 of the Texas Labor Code makes it unlawful for an employer to discharge an employee because of disability. As relevant to this case, disability is defined as having a "physical impairment that substantially limits at...
Summers v. Entergy Gulf States - 12/30/2004
John Summers brought suit against Entergy Gulf States, Inc. for injuries sustained while working at Entergy's Sabine Station plant as an employee of International Machine Corporation (IMC). Entergy filed a motion for summary...
Thomas v. Bynum - 12/22/2004
Dan Thomas, a Texas prison inmate, filed suit against William Bynum and Billy Reese. Thomas alleged Bynum slandered him by calling him a "queer," and that he verbally abused him. Thomas claimed Reese, the shift lieutenant of...
In re Estate of Steed - 12/17/2004
Gene E. Steed, a lawyer, prepared his own will several times. At his death, competing applications were filed to probate three different wills. His sons originally filed in Ochiltree County to probate a will dated in 1980. After...
In re B.T. - 12/16/2004
Both Father and Mother challenge the trial court's termination of their parental rights. Both parents assert ineffective assistance of counsel claims and challenge the sufficiency of the evidence to support termination. Father also...
Salazar v. Toshiba International Corp. - 12/16/2004
Paula Salazar appeals from a summary judgment favoring Toshiba International Corporation in Salazar's gender discrimination lawsuit against it. In her petition, Salazar alleged several discrimination causes of action. On appeal, she...
Bruno v. Trinity Universal Insurance Co. of Kansas - 12/16/2004
This appeal involves the bench trial of a workers' compensation case in which the trial court found that Charles Bruno ("Charles"), deceased, was not in the course and scope of his employment at the time of his death. In two issues,...
Aust v. Conroe Independent School Dist. - 12/16/2004
Kenneth Aust sued the Conroe Independent School District ("District") alleging the District retaliated against him after he filed a workers' compensation claim. Aust appeals the trial court's grant of summary judgment in favor of the...
Nash v. Blood and Tissue Center of Central Texas - 12/16/2004
In this employment discrimination case, Antonio Nash appeals from the trial court's summary judgment in favor of The Blood and Tissue Center of Central Texas ("BTC"). In three issues, Nash challenges the grant of summary judgment....
Medina v. Aramark Services - 12/15/2004
Maria Medina appeals from a partial summary judgment entered in favor of Aramark Services, Inc. in her suit against her former employer for alleged violations of the Texas Labor Code. In eight issues, Medina urges reversal of the...
Krueger v. Atascosa County - 12/15/2004
AFFIRMED
Josie Krueger appeals the trial court's summary judgment granted in favor of her employer, Atascosa County, denying her claim for worker's compensation benefits. We affirm the judgment of the trial court.
Factual...
Jordan v. Jefferson County - 12/14/2004
Shana Jordan (Jordan) appeals from a summary judgment denying her recovery against Jefferson County (the County). Through five issues, she contends that material questions of fact exist regarding whether 1) she was terminated...
Brizendine v. Texas Dep't of Health - 12/9/2004
Appellant Jeanette Brizendine sued her employer Texas Department of Health (the Department) alleging that she was retaliated against for filing a discrimination and retaliation complaint. See Tex. Labor Code Ann. § 21.055 (West...
Tamez v. Southwestern Motor Transport - 12/8/2004
AFFIRMED
Sandra Silva de Tamez, as spouse of Tamez, as the representative of his Estate, and as next friend of Denise Silva de Tamez, a minor child, and Alicia Montalvo de Tamez ("Tamez") and Michael G. Willoughby appeal the...
Killion v. Lanehart - 12/3/2004
In seven points of asserted error, appellant James L. Killion challenges a judgment in favor of appellee Chuck Lanehart, as successor Independent Executor of the Estate of Bill A. Davis, deceased. In those seven points, appellant...
Barfield v. Dallas Independent School District - 12/3/2004
Johnny Barfield appeals the no-evidence summary judgment granted in favor of his former employer, Dallas Independent School District (DISD), in his lawsuit for wrongful termination and violation of the Whistleblower Act . DISD...
Union Pacific Railroad Co. v. Loa - 12/2/2004
This is an appeal from a jury verdict in a case arising under the Texas Commission on Human Rights Act ("TCHRA") and claiming damages for the tort of intentional infliction of emotional distress. The jury awarded $800,000 in...
In re Mexican Restaurants - 12/2/2004
Original Mandamus Proceedings
Elizabeth Kamali and Tab Kamali, as next friend of Priscilla Kamali, filed suit against Mexican Restaurants, Inc. d/b/a Casa Ole Restaurant, Diamond Vinson, and Jerry McCord alleging sexual...
Martinez v. Martinez - 11/30/2004
Appellant Maria Isabel Martinez appeals from the default judgment entered by the trial court against her and in favor of appellee Daniel Ruel Martinez on August 29, 2003. We affirm.
Appellant presents two issues for review in...
Pierce v. Holiday - 11/22/2004
Jack Pierce sued John T. (Jake) Holiday for injuries Pierce allegedly sustained while cutting hay on Holiday's farm. The trial court granted Holiday's Motion for Partial Summary Judgment and later granted Holiday's full summary...
Bexar Metropolitan Water District v. City of Bulverde - 11/18/2004
The City of Bulverde ("Bulverde") and the Guadalupe-Blanco River Authority ("GBRA") sought declaratory judgments in the Comal County District Court. They asked the trial court to determine Bexar Metropolitan Water District's...
Order List - 11/5/2004
ORDERS ON CAUSES
From Dallas County; 5th district (05-01-01813-CV, 87 SW3d 188, 08-20-02)
The Court reverses the court of appeals' judgment and remands the case to that court. Chief Justice Jefferson delivered the opinion...
Martinez v. Wilson Plaza Associates - 11/4/2004
OPINION ON REHEARING
Alfred Martinez appeals from a summary judgment declaring that he take nothing in his cause of action against Allied Waste Systems, Inc. On August 31, 2004, this Court reversed and remanded the decision of...
Lewis v. United Parcel Service - 11/4/2004
Appellant, George Lewis (Lewis), challenges a judgment entered on a take-nothing jury verdict in favor of appellee, United Parcel Service, Inc. (UPS), in his suit for negligence. Lewis presents seven issues, contending that the trial...
Galindo v. Old Republic Insurance Co. - 9/30/2004
Rito Galindo appeals from a no-evidence summary judgment granted in favor of his employer’s workers’ compensation carrier, Old Republic Insurance Co. Determining that genuine issues of material fact exist, and that summary judgment...
Kucera v. Humble Independent School District - 9/28/2004
This is an appeal from a summary judgment granted in favor of appellee Humble Independent School District ("Humble ISD") against appellant Howard Kucera. In three issues, Kucera argues that the trial court erred in granting summary...
Quintero v. Quintero - 9/22/2004
Appellant Francis Quintero ("Francis") appeals a bill of review granted in favor of Appellee Candelario Quintero ("Candelario"). Francis presents three issues. We dismiss this appeal for want of jurisdiction.
Background ...
Exxonmobil Corp. v. Kirkendall - 9/22/2004
ON, APPELLEE'S MOTION FOR REHEARING
APPELLEE'S MOTION FOR REHEARING GRANTED; REVERSED AND REMANDED
In an opinion and judgment dated July 7, 2004, we reversed the trial court's judgment in favor of appellees, Lonzo...
Humble Sand & Gravel - 9/17/2004
Argued October 30, 2002
JUSTICE HECHT delivered the opinion of the Court, in which JUSTICE OWEN, JUSTICE JEFFERSON, JUSTICE SMITH, JUSTICE WAINWRIGHT, and JUSTICE BRISTER joined.
JUSTICE O'NEILL filed a dissent, in which...
Casillas v. State Office of Risk Management - 9/16/2004
Manny Casillas appeals from a no-evidence summary judgment granted in favor of the State Office of Risk Management (SORM). Determining that we have jurisdiction over the appeal, and that the no-evidence summary judgment was...
O'Neal v. Texas Board of Chiropractic Examiners - 9/10/2004
In this appeal, we consider whether the trial court properly granted a plea to the jurisdiction dismissing a declaratory judgment action seeking a construction of a statute with which the defendant agency agrees. We affirm the...
State v. Galveston - 9/10/2004
Appellant, the State of Texas, appeals from a final order granting the plea to the jurisdiction of appellee, the City of Galveston ("the City"), and dismissing the cause. We decide whether a municipality enjoys governmental immunity...
In re Luna - 9/9/2004
This appeal concerns the substantive unconscionability of a binding arbitration agreement between an employer and an at-will employee. Relator, Johnny Luna, seeks mandamus relief from the trial court's order granting the motion to...
Graham v. Adesa Texas - 9/9/2004
In two points of error, Appellants assert that the trial court erred in (1) granting Appellee-Defendants' summary judgment on the issue whether they had committed gross negligence, and (2) refusing to allow Plaintiff-Appellants to...
In re AIU Insurance Co. - 9/3/2004
ON PETITION FOR WRIT OF MANDAMUS
Argued September 3, 2003
JUSTICE OWEN delivered the opinion of the Court, in which JUSTICE HECHT, JUSTICE SMITH, JUSTICE WAINWRIGHT and JUSTICE BRISTER joined.
CHIEF JUSTICE PHILLIPS...
F.F.P. Operating Partners - 9/3/2004
Argued on March 5, 2003
JUSTICE O'NEILL delivered the opinion of the Court, in which CHIEF JUSTICE PHILLIPS, JUSTICE JEFFERSON, JUSTICE SCHNEIDER, and JUSTICE SMITH joined.
JUSTICE OWEN filed a dissenting opinion, in which...
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