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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Scott v. Godwin - 8/31/2004
Appellants, Wayne Scott and Gary Johnson, bring this interlocutory appeal from the trial court's orders denying their motions for summary judgment. Charles Godwin, appellee and cross-appellant, filed suit against appellants in their...
Akinwamide v. Transportation Insurance Co. - 8/31/2004
Appellant, Patrick Olajide Akinwamide, appeals from an adverse jury verdict and judgment. In the suit below, appellant sought to set aside the final ruling and decision of the Industrial Accident Board ("IAB" or "TWCC"), and the...
Smith v. JC Penney Co. Inc. - 8/31/2004
Appellant filed a notice of appeal with the trial court on August 3, 2004 and an amended notice of appeal with this Court on August 6, 2004. The notices of appeal state appellant is appealing a judgment signed March 12, 2004. The...
[W] Martinez v. Wilson Plaza Associates - 8/31/2004
Alfred Martinez appeals from a summary judgment declaring that he take nothing in his cause of action against Allied Waste Systems, Inc. In four issues, Martinez contends that the district court erred in granting Allied's motion for...
Air Force Village Foundation - 6/30/2004
REVERSED AND REMANDED
Air Force Village II ("AFV") appeals from the trial court's modification of the arbitrator's award, arguing that the trial court had no authority to modify the arbitrator's award. We agree and reverse the...
General Shelters of Texas - 6/30/2004
Allen Hicks, Appellee, sued his employer, General Shelters of Texas, Ltd., and two of its affiliates, Fred Wulf Management, L.L.C., and James Campbell Management, L.L.C., Appellants (collectively, GST), for damages proximately caused...
[W] Coastal Terminal Operators v. Essex Crane Rental Corp. - 6/29/2004
This is a breach-of-contract case in which an equipment lessor was awarded summary judgment against the equipment lessee and its president, whom the equipment lessor claimed was liable under a personal guaranty. We find that the...
Honeycutt v. Higgins - 6/24/2004
This appeal arises from a summary judgment granted on the sole ground of res judicata. Geneva Honeycutt filed the underlying action against David Higgins and Janet Higgins with respect to a gate located on property owned by...
Serur v. Churchill Forge Properties - 6/24/2004
Appellant William Paul Serur brought three claims in district court against Churchill Forge, his former employer: (1) a retaliatory discharge claim for filing a workers' compensation claim; (2) a retaliatory discharge claim for...
Gillis v. Wooten - 6/24/2004
Dwight Gillis ("Gillis") appeals from the grant of summary judgment in favor of appellees, Harris County and Perry Wooten ("Constable"). Gillis, a former Harris County deputy constable, sued Harris County and Perry Wooten, the...
Order List - 6/18/2004
ORDERS ON CAUSES
The Court reverses the court of appeals' judgment in part and renders judgment in part. Opinion of the Court delivered by Justice Wainwright The court of appeals' opinion is ordered published.
03-0396...
Texas Mutual Insurance Co. v. Lerma - 6/16/2004
REVERSED AND RENDERED
Cresencio Lerma died on July 27, 1999. A jury found that Lerma sustained a minor cut to his arm on May 13, 1999, which was the producing cause of his death. Appellant, Texas Mutual Insurance Company...
State Office of Risk Management v. Ledbetter - 6/11/2004
The State Office of Risk Management brings this appeal challenging a summary judgment in favor of Deborah Ledbetter reversing the denial of her workers' compensation claim by an appeals panel of the Texas Workers' Compensation...
Mayes v. Goodyear Tire and Rubber Company - 6/10/2004
This is an appeal of a take-nothing summary judgment rendered in favor of defendant/appellee, Goodyear Tire & Rubber Co., against plaintiff/appellant, Patrick Mayes, in his personal injury suit against Goodyear and co-defendant...
City of Dallas v. Lowenberg - 6/10/2004
The focus of this class action lawsuit is upon a claim that a Dallas City ordinance is unconstitutional. The trial court ultimately denied summary judgment relief to the City of Dallas. The trial court granted a summary judgment for...
In re Adhi-Lakshmi Corp. - 6/10/2004
This is a petition for writ of mandamus brought by Relator, Adhi- Lakshmi Corporation, to compel the Honorable James Mehaffy to set aside his order denying Relator's Motion to Compel Arbitration, filed in Cause No. A-0170444 in the...
Mcfarland v. Goodman Manufacturing Company - 6/10/2004
This is an appeal of a summary judgment rendered in favor of appellee/defendant/employer, Goodman Manufacturing Company (Goodman), in a workers' compensation retaliatory discharge suit brought by appellant/plaintiff/employee...
Haight v. State - 6/9/2004
The question presented is whether the court of appeals erred in holding that appellant's conviction for official oppression in this case is barred by the Double Jeopardy Clause of the Fifth Amendment to the United States...
Dallas County v. Glasco - 6/2/2004
Vicki Loud Glasco sued Dallas County, Texas on various theories of wrongful termination. The jury found for Glasco and awarded her damages of $1650 and attorney's fees of $550. The trial court set aside the jury's attorney's fees...
In re Sino Swearingen Aircraft Corp. - 6/1/2004
Sino Swearingen Aircraft Corporation ("SSAC") seeks relief from the trial judge's October 30, 2003 order denying its motion to compel arbitration and stay proceedings. SSAC has filed (i) an interlocutory appeal of the order denying...
Flour Bluff Independent School District v. Bass - 2/27/2004
Margaret Bass filed a workers' compensation claim after slipping and injuring her back while employed with Flour Bluff Independent School District (Flour Bluff). The Texas Association of School Boards (TASB) denied Bass's claim for...
Albertson's - 2/26/2004
I. INTRODUCTION
This is a workers' compensation case. Appellant Albertson's, Inc., A Certified Self-Insured appeals from the trial court's grant of Kathryn D. Ellis ("Ellis") and Texas Workers' Compensation Commission ("TWCC")...
Rosencrans v. Altschuler - 2/26/2004
Lourdes Rosencrans filed suit against Stanley Altschuler and Altschuler's employer, Texans Can! Altschuler filed a special exception asserting that he was immune from liability on Rosencrans's claims. The trial court entered an order...
Granite Construction Co. v. Beaty - 2/26/2004
Granite Construction Co., ("Granite") challenges the denial of its motion to compel arbitration of a wrongful discharge claim pursued by Milton Beaty in the 1st District Court of Jasper County, Texas. Granite filed a petition for...
Burgmann Seals America - 2/19/2004
Burgmann Seals America, Inc. (BSA), appellant and defendant below, appeals a judgment awarding $100,500 in attorney's fees and $13,275 in expert fees to appellee, Jim Cadenhead, in his employment discrimination lawsuit. We reverse...
Mitchell v. Nations Credit Financial Services Corp. - 2/19/2004
This is an appeal from a default judgment granting possession of certain real property to Nations Credit Financial Services Corporation. After acquiring the property at a foreclosure sale and giving notice to vacate, Nations Credit...
Lee v. Haynes & Boone - 2/18/2004
Lady Lee appeals the take-nothing summary judgment granted in favor of Haynes & Boone, L.L.P. After Haynes & Boone terminated Lee's employment, Lee sued Haynes & Boone alleging she was terminated in retaliation for filing...
Blakey v. Texas Department of Health - 2/12/2004
This is an appeal from a summary judgment in a case filed under the Texas Whistleblower Act. See Tex. Gov't Code Ann. §§ 554.001-.010 (West 1994 & Supp. 2004). Sherry Blakey sued her former employer, the Texas Department of...
Comanche Nation v. Fox - 2/12/2004
This case involves a post-answer default judgment in a child-custody dispute and requires us to determine the proper standard under which to review a motion for new trial in such a case. The child's mother, Jennifer Perry, and...
Transcontinental Insurance Co. v. Smith - 2/11/2004
AFFIRMED
Appellant, Transcontinental Insurance Company appeals the judgment in favor of appellee, Robert Smith. The jury found that Smith's heart attack constituted a compensable injury. Transcontinental challenges the...
Hatfield v. San Antonio Independent School District - 2/4/2004
AFFIRMED
In her sole issue, Appellant Dorothy Hatfield argues that the trial court erroneously granted Appellee San Antonio Independent School District's "Motion for Independent Mental Examination" pursuant to Texas Rule of...
Order List - 1/30/2004
ORDERS ON CAUSES
From Wheeler County; 7th district (07-01-00263-CV, RULE 47.7, 01-28-02)
The Court reverses the court of appeals' judgment and renders judgment. Justice Smith delivered the opinion of the Court, joined by...
Texas A & M University-Kingsville v. Lawson - 1/29/2004
Texas A & M University-Kingsville ("TAMUK") appeals from a judgment imposing liability on TAMUK for breaching a settlement agreement between it and Grant M. Lawson. TAMUK argues that the district court's judgment should be...
Strange v. Continental Casualty Co. - 1/29/2004
Pro se appellant Dorothy Strange appeals the district court's affirmance of a Texas Workers' Compensation Commission Appeals Panel decision.
FACTUAL AND PROCEDURAL BACKGROUND
On June 2, 1997, Appellant was injured in a...
Johnson v. Hoechst Celanese Corp. CNA Holdings - 1/29/2004
Appellant Doris J. Johnson challenges the trial court's grant of summary judgment in favor of appellee Hoescht Celanese Corporation ("HCC") on causes of action alleging disability discrimination and sex discrimination.
We...
Texas Mutual Insurance Company v. Pitcock - 12/30/2003
Texas Mutual Insurance Company, f/k/a Texas Workers' Compensation Insurance Fund, appellant, has filed a motion in which it certifies that it has reached an agreement to vacate the judgment of the trial court and remand to that court...
City of Austin v. Garza - 12/18/2003
This case concerns the development of commercial property over the Barton Creek Watershed. Eli Garza applied for and was granted the right to develop property in what was once known as the Garza Ranch in the Barton Creek Watershed....
Cram Roofing Co. - 12/17/2003
ON, APPELLANT'S MOTION FOR REHEARING
Dissenting opinion issued August 29, 2003 by: Sarah B. Duncan, Justice, joined by Paul W. Green, Justice and Karen Angelini, Justice
APPELLANT'S MOTION FOR REHEARING DENIED; AFFIRMED ...
House v. State - 12/17/2003
AFFIRMED
Andra Demond House ("House") was convicted of aggravated assault and sentenced to fifty years in prison. He brings six issues on appeal. We affirm the judgment of the trial court.
Background
The State...
City of Houston v. Martin - 12/4/2003
The City of Houston (the City) appeals the judgment of the trial court affirming the decision of the Texas Workforce Commission (TWC) that Glinda Martin was not disqualified for benefits and awarding benefits to Martin. We affirm. ...
Texas Workers ' Compensation Insurance Fund v. Texas Workers ' Compensation Board - 12/4/2003
The Texas Workers' Compensation Insurance Fund ("Texas Mutual") challenges the decision of an appeals panel of the Texas Workers' Compensation Commission (the "Commission"). The appeals panel reversed a Commission hearing officer's...
Clewis v. Hicks - 12/4/2003
MEMORANDUM OPINION
I. INTRODUCTION
In a consolidated suit, Appellant Wilbert L. Clewis sued his employer's workers' compensation carrier Safeco Insurance Company, Terry Wright, Dr. Anthony Hicks, and Jeff Jury for...
Cervantes v. Tyson Foods - 11/26/2003
Appellant Carlos Cervantes appeals the trial court's order granting the plea to the jurisdiction filed by Appellee Tyson Foods, Inc. ("Tyson") and the dismissing of his cause with prejudice. On appeal, Mr. Cervantes brings seven...
Anchor Fumigation & Pest Control - 11/20/2003
In this appeal from a default judgment, appellant, Anchor Fumigation and Pest Control, Inc., contends the trial court erred in denying its motion for a new trial. We affirm.
Background
Conrad Cortes, appellee, brought...
Crye v. Rohmax - 11/20/2003
Patricia Crye appeals from a no–evidence summary judgment in her gender discrimination suit against her employer, Rohmax USA, Inc. The sole issue on appeal is whether Crye presented evidence she suffered an adverse employment action....
Demarsh v. Texas Workforce Commission - 11/20/2003
MEMORANDUM OPINION
Appellant, Gerald DeMarsh, Sr., a pro se litigant, appeals the trial court's judgment affirming the Texas Workforce Commission's ("TWC") denial of unemployment compensation benefits. Appellees are theTWC,...
Padilla v. Flying J - 11/19/2003
Rosa Padilla appeals a take-nothing judgment in favor of her former employer, Flying J, Inc. In three issues, Padilla contends the trial court erred in failing to find that: (1) Flying J was liable for assault as a matter of law; (2)...
Wilson v. Texas Workers ' Compensation Commission - 11/13/2003
Marqueth Wilson ("Wilson") brings this pro se interlocutory appeal challenging an order granting a plea to the jurisdiction filed by the Texas Workers' Compensation Commission ("TWCC"). Wilson raises five issues on appeal. We affirm....
Johnson v. Scott Fetzer Co. - 11/13/2003
I. Introduction
Appellant Rheba Johnson ("Johnson") sued Appellee Scott Fetzer Company d/b/a Kirby ("Kirby") and Carmello Rodriguez ("Rodriguez"), asserting claims for sexual harassment, negligence, assault, battery, and...
Pate v. Elloway - 11/13/2003
Appellants, James L. Pate, Terry L. Savage, H. John Greeniaus, Brent Scowcroft, Lorne R. Waxlaw, Forrest R. Haselton, C. Berdon Lawrence, James J. Postl, and Gerald B. Smith, defendants below (defendants), bring this interlocutory...
Dyson v. Amerigroup Texas - 11/13/2003
Appellant, Monica Dyson, sued her former employer, Amerigroup Texas, Inc., (Amerigroup) and Amerigroup's president and chief operating officer of the Houston market, Amy Williams (appellees), for wrongful termination, alleging that...
Sanchez v. State - 11/12/2003
Womack, J., delivered the opinion of the Court, in which Keller, P.J., and Meyers, Price, Johnson, Keasler, Holcomb, and Cochran, JJ., joined. Hervey, J., did not participate.
This case presents the issue, whether the doctrine...
Covington v. Travelers Indemnity Company of Rhode Island/Connecticut - 11/6/2003
This is an appeal from a take-nothing summary judgment entered against appellant Carol S. Covington ("Covington") in connection with her claim that defendant/appellee The Travelers Indemnity Company of Rhode Island/Connecticut...
United Services Automobile Association v. Strayhorn - 11/6/2003
This appeal concerns a tax refund claimed under repealed sections of the Texas Insurance Code. Appellants United Services Automobile Association and USAA Life Insurance Company (collectively, USAA) argue that repealed language in the...
Continental Casualty Company v. Rivera - 11/6/2003
Continental Casualty Company appeals from the district court's dismissal for want of jurisdiction of Continental's suit for judicial review. Continental sought review of the Texas Workers' Compensation Commission's decisions that (i)...
Texas Workers ' Compensation Insurance Fund v. Bridwell - 11/6/2003
In this workers' compensation case, appellant Texas Workers' Compensation Insurance Fund asserts the trial court reversibly erred by erroneously charging the jury regarding the definition of "course and scope of employment." We...
Pratt-Shaw v. Pilgrim's Pride Corporation - 11/4/2003
Opinion Nunc Pro Tunc
OPINION NUNC PRO TUNC
On the Court's own motion, we issue this nunc pro tunc opinion to correct clerical errors in our October 31, 2003 opinion. The following is the new opinion of the court. ...
Pratt-Shaw v. Pilgrim's Pride Corp. - 10/31/2003
JERUTHA PRATT-SHAW, as Personal Representative of the Heirs and Estate of CHARLES PRATT, Deceased, VALARIE JACKSON, MARY COLEMAN, FREDERICK NEWMAN, LULA MAE NEWMAN, LOUVENIA MEDLOCK, HARVEY NEWMAN, and ERNEST NEWMAN, appellants,...
In re E.A.S. - 10/30/2003
This is an appeal from the modification of child support payments. The primary issue for review is whether Kevin Scott was intentionally underemployed. We affirm.
FACTUAL SUMMARY
Although the record does not contain the...
Crown Derrick Errectors - 9/25/2003
Paul Dew fell to his death through a floor opening on Gorilla V, an offshore drilling rig under construction at Sabine Pass, Texas. Dew was working on the rig for LeTourneau, Inc., the rig builder. Dew's family sued the rig owner...
Texas Workers ' Compensation Commission v. Wausau Underwriters Insurance - 9/25/2003
Appellee, Wausau Underwriters Insurance (Wausau), sought judicial review in the district court of Galveston County, Texas of a decision by intervening appellant, the Texas Workers' Compensation Commission (TWCC), awarding appellant,...
Shadow v. Continental Airlines - 9/24/2003
AFFIRMED
Sam Shadow ("Shadow") appeals a summary judgment granted in favor of Continental Airlines, Inc. ("Continental") in a lawsuit alleging age and disability discrimination and intentional infliction of emotional distress....
Harlandale Independent School District v. Rodriguez - 9/24/2003
REVERSED AND RENDERED
Appellee Margarito Rodriguez filed suit against appellant Harlandale Independent School District (HISD), asserting various causes of action based on age and gender discrimination and breach of contract....
Van Independent School District v. McCarthy - 9/24/2003
Van Independent School District ("VISD") brings this interlocutory appeal from the trial court's order denying its plea to the jurisdiction in a suit brought by Scott A. McCarty ("McCarty") for damages following the termination of...
Cooper-Day v. RME Petroleum Co. - 9/18/2003
I. Introduction
Charlene Cooper-Day ("Cooper-Day") appeals the summary judgment rendered against her on her gender discrimination claims for constructive discharge and unequal pay. The primary issue we address in this appeal is...
Mangum v. Equistar Chemical Company - 9/11/2003
This is an appeal of a summary judgment rendered against the appellant in a case involving allegations of breach of contract, civil conspiracy, wrongful discharge, tortious interference, and defamation. Appellant, Arnold Ray Mangum,...
Hardy v. AAA Cooper Transportation - 9/11/2003
MEMORANDUM OPINION ON REHEARING
We withdraw our original opinion of June 19, 2003 and issue the following in its stead. Appellants' motion for rehearing is denied.
Appellants, Michael Hardy, John Anderson, Kenneth Mosley...
Okoli v. Texas Department of Human Services - 9/9/2003
Oliver Okoli appeals from a summary judgment rendered against him on his claim he was terminated from employment as a caseworker with the Texas Department of Human Services (TDHS) because he was a whistleblower. TDHS took the...
Wal-Mart Stores - 9/4/2003
Justice Enoch did not participate in the decision.
Luis Canchola sued Wal-Mart, his former employer, for disability discrimination and intentional infliction of emotional distress. According to Wal-Mart, Canchola was terminated...
Salyers v. Texas Workers ' Compensation Insurance Fund - 8/29/2003
The Texas Workers' Compensation Insurance Fund ("the Fund") sued Billy Salyers to recoup insurance payments owed regarding coverage for Salyers' business, Aquarius Plumbing ("Aquarius"). According to the record, Aquarius had been...
Ed Rachal Foundation v. D'Unger - 8/29/2003
This is an employment case. Appellee, Claude D'Unger, filed suit against appellants, the Ed Rachal Foundation (the Foundation), D'Unger's former employer, and Paul Altheide, the Foundation's chief executive officer (CEO). D'Unger...
[W] Cram Roofing Co. - 8/29/2003
ON, APPELLEE'S MOTION FOR REHEARING AND MOTION FOR REHEARING EN BANC
Dissenting opinion by: Sarah B. Duncan, Justice, joined by Paul W. Green, Justice and Karen Angelini, Justice
APPELLEE'S MOTION FOR REHEARING DENIED;...
Smith v. Smith - 8/29/2003
Opinion
Cheryl Smith, appellant, challenges the trial court's award of spousal maintenance to Gary Smith, appellee, in their divorce. Appellant's brief raises one main issue on appeal, whether the trial court erred in awarding...
In re A.G. - 8/29/2003
Opinion
This appeal arises from a suit in which appellant, Cindy Mahoney Arnold ("Arnold"), sought to establish the paternity of her two children, A.G. and D.G., and to have child support awarded. The suit named appellee,...
Howell v. Texas Workers ' Compensation Commission - 8/29/2003
This is an interlocutory appeal of a temporary injunction. Final judgment has been rendered in the underlying cause, and an appeal taken from that judgment in Howell v. Texas Workers' Compensation Commission, appellate cause number...
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