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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Francis v. The Dow Chemical Company - 2/10/2000
This is an employment discrimination case in which Renee Francis sued Dow Chemical Company and Joseph Hegyesi (collectively, the defendants), alleging, among other things, fraud, sex and age discrimination, and retaliatory discharge....
Texas Workers ' Compensation Insurance Fund v. Serrano - 2/10/2000
OVERRULED ...
Eakin v. Acosta - 2/9/2000
AFFIRMED
This appeal raises the issue of whether a Florida lawyer representing a Texas resident in a Florida lawsuit is subject to personal jurisdiction in Texas. The trial court said no, and entered an order sustaining the...
Braverman v. City of Dallas - 2/4/2000
Beverly and Robert Braverman (the Bravermans) appeal a jury verdict in favor of the City of Dallas (the City) in a premises liability suit. In two issues, the Bravermans contend the trial court erred by (1) submitting a jury question...
Scheffer v. Allied Assets Corporation - 2/3/2000
Martha Rosalie Scheffer, appellant, appeals the trial court's rendition of summary judgment in favor of Allied Assets Corporation and Allied Assets Corporation d/b/a Arcot Manufacturing Corporation ("Allied"). We affirm.
FACTS ...
Prudential Securities - 2/3/2000
Prudential Securities, Inc. ("Prudential") appeals the denial of its application to confirm an arbitration awardand the granting of James E. Vondergoltz's application to vacate that award. We dismiss the appeal for lack of...
Lockett v. Amoco Chemical Co. - 2/3/2000
In this employee termination case, Benjamin C. Lockett appeals a summary judgment entered in favor of Amoco Chemical Company d/b/a Amoco Chemical ("Amoco") on the grounds that fact issues existed as to whether Lockett's discharge was...
Lopez v. Texas Workers ' Compensation Insurance Fund - 2/3/2000
ON MOTION FOR REHEARING
Our opinion and judgment issued herein on November 18, 1999 are withdrawn, and the following is substituted in lieu thereof.
In March 1998, the district court in Jim Wells County rendered judgment on...
Canady v. American National Fire Insurance Co. - 12/30/1999
In this case, Frederick V. Canady appeals the denial of his bill of review seeking to overturn a summary judgment entered against him in a previous lawsuit. Canady generally challenges the sufficiency of the evidence to support the...
In re Lavernia Nursing Facility - 12/30/1999
WRIT OF MANDAMUS DENIED IN PART AND CONDITIONALLY GRANTED IN PART
Relator, LaVernia Nursing Facility, Inc. d/b/a Country Care Manor (Country Care) brings this mandamus action to vacate the trial court's order that Country Care...
Wilson v. Andrews - 12/23/1999
On Petition for Review from the Court of Appeals for the Seventh District of Texas
Argued on October 12, 1999
Justice Enoch delivered the opinion of the Court, in which Chief Justice Phillips, Justice Owen, Justice Baker,...
Harris County - 12/23/1999
Is Harris County, a self-insurer for workers' compensation purposes, exempt from the statute of limitations governing the time for filing a subrogation lawsuit? We conclude the County is not exempt, and accordingly we affirm the...
Prudential Property and Casualty Company v. Dow Chevrolet-Olds - 12/21/1999
Prudential Property and Casualty Company, as subrogee of Braxton Jones and wife, Linda Jones, appeals from a sanction order dismissing with prejudice its subrogation suit against Dow Chevrolet-Olds, Inc. Prudential's insureds, the...
Smith v. Maguire - 12/17/1999
Helen Smith sued Maguire, Inc., d/b/a Maguire Oil Co. and K.H. Flournoy (collectively, Maguire) for employment discrimination and intentional infliction of emotional distress. The trial court granted Maguire's motion for summary...
Frasier v. Yanes - 12/16/1999
As amended February 11, 2000.
MARGO FRASIER, TRAVIS COUNTY SHERIFF, IN HER OFFICIAL CAPACITY; AND TRAVIS COUNTY, TEXAS, APPELLANTS V. ELVINA YANES, JANET CISNEROS, AND PATRICIA MITCHELL, APPELLEES
FROM THE DISTRICT COURT...
Walls Regional Hospital v. Bomar - 12/16/1999
On Petition for Review from the Court of Appeals for the Tenth District of Texas
Nurses Kym Bomar, Laura Cosby, and Cynthia Patterson sued their employer, Walls Regional Hospital, for negligently allowing Dr. George Boyett, a...
Texas Department of Human Services v. Sakil - 12/16/1999
This is an accelerated appeal from an interlocutory order denying the Texas Department of Human Services' ("DHS") plea to the jurisdiction in Appellees' suit for damages. Appellees sued DHS for damages resulting from the alleged...
Texas Workers ' Compensation Insurance Fund v. Serroano - 12/16/1999
ORDERS ON PETITIONS FOR REVIEW THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
Dissenting opinion by Justice Hecht. ...
Foye v. Montes - 12/16/1999
Lynette Montes, appellee, sued James R. Foye and Elite Business Systems (EBS), appellants, claiming that Foye made sexual advances toward her and sexually harassed her while she was an employee. Montes asserted claims of intentional...
Texas Workers ' Compensation Insurance Fund v. Serrano - 12/16/1999
On Petition for Review from the Court of Appeals for the Thirteenth District of Texas
Justice Hecht, dissenting from the denial of the petition for review.
I respectfully dissent from the Court's denial of the petition for...
Morrison v. Pinkerton - 12/16/1999
Appellant, James P. Morrison, challenges a summary judgment rendered in favor of the appellees, Pinkerton, Inc., Individually and d/b/a Pinkerton Security and Investigation Services (Pinkerton) and Prime Bank, N.A. (Prime Bank)...
Cooper v. Texas Wesleyan University - 12/15/1999
Steven M. Cooper appeals the trial court's granting Texas Wesleyan University's motion for summary judgment. Appellant brings three issues questioning:
(1) whether he filed an administrative complaint under the state Commission...
Battarbee v. Transportation Insurance Company - 12/9/1999
Larry Battarbee appeals the trial court's dismissal of his petition seeking judicial review of a Texas Workers' Compensation Appeals Panel decision. In a single point of error, Battarbee argues the trial court erred in dismissing his...
Eureste v. Texas Workers ' Compensation Insurance Fund - 12/2/1999
This is an attempted appeal from an order denying a motion to dismiss for lack of jurisdiction, signed May 14, 1999. On June 25, 1999, the trial court signed an order granting appellee's motion for non-suit. Appellant's notice of...
Wembley Investment Company v. Herrera - 12/2/1999
On Petition for Review from the Court of Appeals for the Fifth District of Texas
Wembley Investment Company seeks to set aside a default judgment by bill of review. The trial court granted Wembley summary judgment on the bill of...
Davila v. Flores - 12/2/1999
This is an interlocutory appeal by Doris Davila and Allen Steen from the trial court's denial of their motion for summary judgment based on official immunity. We reverse and render judgment that Flores take nothing.
Eric Flores...
Meek v. Smith - 12/2/1999
This appeal seeks a declaration from this Court that Tex. Health & Safety Code Ann. § 711.041 (Vernon Supp. 2000) is unconstitutional as violative of the Due Process Clause of the Fourteenth Amendment of the United States...
David McDavid Nissan - 11/30/1999
David McDavid Nissan, Inc. ("McDavid") sued Subaru of America, Inc. ("Subaru") alleging Subaru refused to allow McDavid to relocate its Subaru dealership after orally consenting to the relocation. The trial court granted summary...
Cottage School System - 11/30/1999
This is an insurance coverage case. Appellants, Cottage School System, Inc., and its president, Marion Tindall, (collectively, "Cottage School"), appeal from a series of summary judgments dismissing, with prejudice, their contractual...
Womack v. Mesa Processing - 11/24/1999
Michael Womack appeals the trial court's order granting summary judgment in favor of Mesa Processing, Inc. (Mesa) on his negligence cause of action. In his sole point of error, Womack contends the trial court erred in granting...
Smith v. Houston Lighting & Power Company - 11/24/1999
Appellant, Kevin Smith, sued Houston Lighting & Power Company ("HL&P;) for wrongful discharge. He appeals from a final summary judgment in favor of HL&P; We affirm.
Jurisdiction
Before we reach the merits of...
In re Turner Brothers Trucking Company - 11/23/1999
This is a petition for writ of mandamus, arising out of the trial court's denial of Turner Brothers Trucking Company, Inc.'s (Turner Brothers) motion to compel arbitration of a personal injury lawsuit filed by Tommy and Marilyn...
Sparks v. Butler Manufacturing Company - 11/22/1999
Carla Sparks, as next friend of Staffon Kennedy, appeals a summary judgment rendered in favor of Butler Manufacturing Company d/b/a Vistawall ("Butler") on her claims of negligence and gross negligence in the death of David Kennedy,...
Prudential Property and Casualty Company v. Dow Chevrolet-Olds - 11/19/1999
Prudential Property and Casualty Company, as subrogee of Braxton Jones and wife, Linda Jones, appeals from a sanction order dismissing with prejudice its subrogation suit against Dow Chevrolet-Olds, Inc. Prudential's insureds, the...
Carrizales v. Texas Department of Protective and Regulatory Services - 11/18/1999
Petition for review denied April 6, 2000.
ARMANDO CARRIZALES, APPELLANT v. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES, APPELLEE
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 261ST JUDICIAL DISTRICT NO. 98-11372,...
Midkiff v. Hancock East Texas Sanitation - 11/18/1999
Justice Burgess delivered the opinion of the Court in two parts. Part I is joined by Justice Stover and Part II is joined by Chief Justice Walker. Chief Justice Walker delivered a Dissenting opinion to Part I; Justice Stover...
Parvin v. Dean - 11/18/1999
This appeal is from a summary judgment with which the trial court has upheld Appellees' contentions that, upon the facts of this case, (1) the wrongful death and survival statutes, as construed by the courts of this state, are...
Lambert v. Affiliated Foods - 11/16/1999
By this appeal, Danny Lee Lambert and Teresa Lambert, individually and as next friends of Rusty Lambert and Rebecca Lambert (Lambert), challenge the trial court's order granting summary judgment that they take nothing against...
Garza v. Standard Financial Indemnity Corporation - 11/15/1999
Appellant Miguel O. Garza appeals the trial court's judgment, based upon a directed verdict, that he take nothing from appellee Standard Financial Indemnity Corporation ("Standard").
Garza complains in three points of error...
Dallas Independent School District v. Powell - 11/12/1999
Justice Wright
William Ray Powell sued Dallas Independent School District (DISD) alleging DISD constructively discharged him in retaliation for filing a worker's compensation claim. DISD filed a plea to the jurisdiction...
City of Garland v. Kuerbitz - 11/12/1999
Justice Wright
City of Garland appeals the judgment, following a trial to the court, in favor of Leslie Kuerbitz on her workers' compensation claim. Garland presents three issues:
(1) whether Kuerbitz's injury caused a...
Lee v. Lee - 11/10/1999
This is a direct appeal of a no-answer default judgment taken against appellant Bum B. Lee (Bum) by appellee Young K. Lee (Young). In three points of error, Bum contends:
(1) there is no evidence or insufficient evidence to...
Harris County v. Tullos - 11/10/1999
This is a workers' compensation case tried to the court on modified de novo review of a decision of the appeals panel of the Texas Workers' Compensation Commission. Tex. Lab. Code Ann. § 401.001, 410.304(b) (Vernon 1996). Harris...
Thompson v. Cherokee Water Company - 11/5/1999
Concurring Opinion by Justice Grant
OPINION
David Thompson sued his employer, Cherokee Water Company, for wrongful termination. Thompson contended that Cherokee terminated his employment because of his refusal to violate...
Fite v. Cherokee Water Company - 11/5/1999
Concurring Opinion by Justice Grant
OPINION
Aaron Fite sued his employer, Cherokee Water Company, for wrongful termination. Fite contended that Cherokee terminated his employment because of his refusal to violate the law,...
Quintanilla v. Texas Workforce Commission - 11/4/1999
Mario Quintanilla appealed to the district court of Brazoria County from administrative proceedings that denied him unemployment benefits. He now appeals to this Court from a summary judgment rendered in favor of the Texas Workforce...
Hartis v. Mason & Hanger-Silas Mason Company - 11/4/1999
AT AMARILLO
Judges D
Richard Hartis (Hartis) appeals from a summary judgment granted in favor of his ex-employer Mason & Hanger Corporation (Mason). Hartis sued Mason, alleging that the latter discriminated against him...
Jaso v. Travis County Juvenile Board - 11/4/1999
Appellant David Jaso appeals the district court's grant of summary judgment in favor of the Travis County Juvenile Board ("the Board"). Jaso filed an age discrimination claim in district court after the Board failed to select him for...
Ferrell v. The Arbitron Co. - 11/1/1999
Justice Whittington
William Ferrell appeals a summary judgment granted in favor of his former employer, The Arbitron Company, a division of The Ceridian Corporation ("Arbitron"). In six issues on appeal, Ferrell contends the...
Reeves v. Houston Lighting and Power Co. - 9/30/1999
Ray Reeves, the plaintiff below and appellant here, appeals from a summary judgment rendered in favor of Houston Lighting and Power Company (HL&P; and Houston Industries Incorporated, the defendants below and appellees here. The...
Texas A&M;University v. Hamann - 9/30/1999
Opinion by Chief Justice Seerden
This is an accelerated appeal from the trial court's denial of appellant's motion to dismiss for lack of jurisdiction. By two issues, appellant, Texas A&M;University at Corpus Christi...
Mandlbauer v. Texas Workers ' Compensation Insurance Fund - 9/23/1999
OPINION ON REMAND
Mike Mandlbauer appealed from an adverse jury verdict in his suit against the Texas Workers' Compensation Insurance Fund (TWCIF) raising five points of error. We found Mandlbauer's fourth point of error to have...
Texas Property and Casualty Insurance Guaranty Association v. Johnson - 9/23/1999
The Texas Property and Casualty Insurance Guaranty Association (the "Association") appeals from a summary judgment recovered by Christopher P. Johnson in his suit against the Association arising out of the undisputed facts set forth...
Thomas v. Clayton Williams Energy - 9/23/1999
Vincent Thomas, appellant, appeals a summary judgment granted in favor of Clayton Williams Energy, Inc., et al. ("CWEI"), appellees, in his discrimination and retaliation action. CWEI is an oil company active in exploring and...
Ikon Office Solutions - 9/16/1999
This is a consolidated interlocutory appeal and petition for writ of mandamus arising from an order denying a motion to compel arbitration brought by appellants/relators, IKON Office Solutions, Inc.("IKON"), Gaylen McClusky, and...
Smith v. Mary Kay Inc. - 9/13/1999
Jacklyn Caprice Smith sued her former employer, Mary Kay Inc. f/k/a Mary Kay Cosmetics, Inc. (Mary Kay), for retaliatory discharge and disability discrimination. The trial court granted Mary Kay's motion for summary judgment. In four...
Favaloro v. Commission for lawyer Discipline - 9/10/1999
The State Bar of Texas filed a disciplinary petition in the name of the Commission for Lawyer Discipline against attorney Richard W. Favaloro, alleging professional misconduct. The trial court found that Favaloro committed misconduct...
In re Linsey - 9/8/1999
Relator, Keith L. Lindsey, has filed a petition for writ of mndamus and an emergency motion to stay trial proceedings, complaining that Judge Reiter erred in overruling relator's objection under Tex. Gov't Code Ann. § 74.053 (Vernon...
City of Dallas v. Rodriguez - 9/7/1999
Mary Lou Rodriguez sued the City of Dallas alleging the City discriminated against her on the basis of sex in failing to promote her and retaliated against her for filing a sex discrimination claim. The jury failed to find sex...
Massey v. U-Haul Co. of Texas - 8/31/1999
This appeal stems from an employment dispute. Appellant, Carl Massey, filed suit against appellees U-Haul Company of Texas, his employer, and Robert Vespa, one of Massey's supervisors. Massey sought to recover damages based upon...
McLane v. McLane - 8/31/1999
This appeal is prosecuted on the clerk's record only. Neither brief contains a transcribed appendix of the electronically recorded record filed with this cause. The following factual rendition is gleaned from the contents of the...
Willrich v. M.D. Anderson Hospital - 8/31/1999
Dissenting Opinion by Justice Dorsey
Because I do not find that Willrich has raised a genuine issue of fact concerning whether M.D. Anderson terminated him because of his race, I Dissent. Once M.D. Anderson articulated a...
Filter Fab - 8/31/1999
Filter Fab, Inc., appellant, appeals the trial court's granting of summary judgment in favor of appellees Donald Delauder and Manchester Lift Truck Serv., Inc. For the reasons stated below, we affirm in part and reverse and remand in...
Mosley v. Beaumont Independent School District - 8/31/1999
Nelvin James Mosley and Gwen Mosley, individually and as the parents of Erica Mosley, appeal from a summary judgment that they take nothing against the Beaumont Independent School District, Thom Amons, and Otilia Urbina. They brought...
Hankins v. P.H. - 8/31/1999
Opinion by Justice Yañez
Appellants, Dr. Julia Hankins and the Corpus Christi Independent School District, appeal from a temporary injunction and supplemental temporary injunction enjoining them from removing P.J.H. from Grant...
In re Leadership Ford Inc. - 6/25/1999
Writ conditionally granted, Opinion and Order
OPINION AND ORDER
In this original proceeding, Leadership Ford, Inc. seeks relief from the denial of its motion to compel arbitration. Leadership Ford asserts the trial court...
City of Hidalgo v. Prado - 6/24/1999
Appellees, Francisco Prado, Adan Gomez, Manuel Martinez, and Noel Borrego, are former City of Hidalgo police officers. They each sued appellants, the City of Hidalgo and Chief of Police Ruben De Leon, for wrongful termination and...
Lanier v. NLFC Inc. - 6/24/1999
OPINION
Chrisanne Lanier appeals from a summary judgment granted in favor of NLFC, Inc., on Lanier's retaliatory discharge claim. In a single point of error, Lanier argues summary judgment was improper because fact issues...
Swift v. State Farm Life Ins. Co. - 6/23/1999
Sitting: Tom Rickhoff, Justice
Paul W. Green, Justice
Karen Angelini, Justice
AFFIRMED
This procedurally complicated case is focused on the proper statute of limitations to apply to a cause of action for breach...
Texas Workers ' Compensation Insurance Facility v. Aetna Casualty & Surety Co. - 6/17/1999
The issue before us is whether a workers' compensation carrier, having paid benefits to an employee injured in a car accident, has a subrogation right when that employee subsequently sues and collects from the employer's...
Dallas Independent School District v. Foley - 6/15/1999
Dallas Independent School District (DISD) sought judicial review of the Workers' Compensation Commission appeals panel decision that Nelda Foley timely reported her injury and sustained disability. The trial court directed verdict...
Randle v. Bo-Mac Contractors Inc. - 6/10/1999
Dwayne Randle filed for workers' compensation benefits for an injury he received while working for Bo-Mac Contractors, Inc. and Loral Construction, Inc. Liberty Mutual Fire Insurance began paying him benefits. Bo-Mac/Loral conducted...
Jackson v. Houston Independent School District - 6/10/1999
This is an appeal from the rendition of summary judgment in favor of appellee, Houston Independent School District (HISD). Appellant, Frances Jackson (Jackson), filed suit against HISD alleging violations of her due process rights...
Nme Hospitals Inc. v. Rennels - 6/3/1999
On Petition for Review from the Court of Appeals for the Eighth District of Texas
Argued on December 9, 1998
Today we consider an issue of first impression for our Court: whether a plaintiff may sue someone other than her...
Watkins v. Diversitech Corp. - 3/25/1999
Appellant, Fredrick E. Watkins, sued appellee, Diversitech Corporation. The trial court granted appellee's motion for summary judgment. In two issues presented, Watkins contends that: (1) the trial court erred in rendering summary...
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